The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-23

ery OF the money forfeit provided Tor Ia
this act, and also for the forfeiture oil lts
| charter or certificate of Incorporation. IL
foreign corporation, to proceed asaluSt
such corporation for the recovery OF the
money forfeit provided for In this act, and
TO forfeit it's right to do business in this
| state: and provided, that whatever money,
bonds. or other securities may be on de.
posit in this State shall remain subject
| to the decision or said court TO secure
whatever penalties or costs may be ad-
| Judged against said corporation or indl-
wdual. It is provided, however, that all
parties making the affidavit provided for
! In this section, shall be exempt from
criminal prosecution for any violation OF
law that may be disclosed by such ani-
davit. 1t Is further provided, that the
secretary OF state shall, from time to time
when he may have reason@to believe that
individuals or partnerships are doing busi-
ness in this State In violation OF this act
address the letter of inquiry herein provld-
ed for to such individuals or partnerships
and require of them the same answers un-
der oath prescribed in this section for the
officers OF corporations, the affidavit to
which must be made by the individual ad.
dressed or some member of the partner
| ship addressed; the form of affidavit,
herein prescribed, with such changes as
may be necessary to make 1t applicable TO
closed in said letter Of inquiry
| Sec. 3. 1t shall be the duty Of the at
/ torney general and the prosecuting attor-
ney of each district or county respectively,
to enforce the provisions of.1his act. The
attorney general and the prosecuting at
torney shall institute and conduct all suits
begun in the district courts and upon the
appeal the attorney general shall prose-
cute said suits in the courts of civil APP
peals and supreme court. The prosecuting
attorney shall receive for his compensa-
ton one-fourth of the penalty collected;
provided, the fees allowed the prosecuting
attorney representing the State, provld-
ed for in this section shall be over and
above the fees allowed him by the gener-
al fee bill now in force.
Sec. 10. All actions authorized and
brought under this act shall have pre-
cedence on motion of the prosecuting at
torney or attorney general, of all other
business, civil and criminal, except Grim
inal cases where the defendants are in
Jail.
Sec II. Each corporation, co-partner-
ship, firm or individual who may be the
owner or lessee OF a patent to any ma
chnery. intended. used or designed for
manufacturing raw materials or pre-
pairing the same for market by any wrap
ping, bailing or other process, who shall
lease, rent or operate the same in theiI
own name and refuse or fail 10 put the
same on the market for SALE shall be ad-
Judged a monopoly, and be subject to all
the pains and penalties provided in this
act.
Sec. H. The sale delivery or dispo-
sition of any of the articles. commodities
or things herelnbefore mentioned by any
individual, company or corporation trans
acting business contrary to the provisions
Of this act, within this State or elsewhere
is hereby declared to be unlawful and con
trary to public policy and the purchaser
II any article or commodity from any
such offending individual, company OF
corporation shall not he liable for the
price or payment. whether the purchase
; was made directly from the individual
company or corporation SO unlawfully
transacting business, or indirectly from one
who acted for such individual company OF
corporation as agent, representative, solicit
ther, that where any money OF
other thing of value is paid tc
such individual, company or corpora
ton so unlawfully transacting business
its agent representatives,, solicitor or can
vasser, the person SO paying the SAM
may recover back the amount of the none,
or the value of the thing so paid.
, Sec. 49, The following corporations. CO
partnerships, firms or individuals are ais,
ad1udged a monopoly and subject to al
the pains and penalties provided in thi
act:
Every corporation, co-partnership, firm
or individual which may gather items O
news or press dispatches for sale to news
papers and which shall refuse TO sell salt
Items of news or press dispatches to NOR
than one newspaper TO a stated nunbe
OF inhabitants in any city, town or sub
division of the State of Texas or within
certain radius of territory
Every association Of newspapers formed
for the purpose OF exchanging items o
news and press dispatches which may re
qulre OF It's members under pain OF for
feiting their membership, that they do no
sell to or exchange with newspapers no
members OF said association any item o
news or press dispatches.
Sec. IA. The provisions Of the foregoln.
sections, and the pains and penalties pro
Vided for for violations of this act shall
be held and construed to be cumulative
to all laws now in force in this State. Ant
provided, that the provisions of this ac
shall not exempt from punishment or for
feiture any person, Arm, association o
persons or corporation who may have VIC
lated or offended against any law now II
existence that may he, or may be con
strued TO be repealed by this act or II
conflict herewith. And provided further
that nothing in this act shall be deeme,
or construed to affect any suits or prose
{ cutions now pending or hereafter to b.
Instituted upon any cause of action, for
feiture or penalty accruing or to accrue
prior to the date OF the taking effect o
this act; but all such rights 10 maintain
Institute or prosecute all such causes O
action are hereby reserved to the State
in the same manner and with the sam
effect as II this law had not been passed
provided further, that this act shall TAX
effect from and after January /, A. D
1900.
Sec. 10. The near approach of the en-,
OF the session, and the fact that we nov
have no adequate antitrust law upon tn,
statutes and the importance of such leg
islation, create an emergence and inner
alive public necessity that the constitu
tional rule requiring bills to be read OF
three several days be suspended, and
is so enacted
Hearne Items.
Hearne' Texas, May 22,--on June Tn,
Houston and Texas Central will run tn,