The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-08

ting the same shall be punished under
such law, In the manner therein provided.
should there be "A different penalty pro-
vlded for the same violation CT any pro-
vision OF this act. and that OF existing
laws not herein specially provided for. the
penalties provided In this act shall be the
penalties In such cases. But this act shall
not repeal or superseie the provisions OF
the Penal Code or Code OF Criminal Pro-
cedufe OF this state upon the subject mat
ter OF this act. =
Amend the bill by adding at the end
q section I the following; II is further
provided that the secretary OF state shall.
from time to time. when he may have rca-
son to believe that individuals or partner
ships are doing business In this State in
violation OF this act. address the letter
OF inquiry herein provided for To such In
divlduals or partnerships. and require of
them the same answer, under oath, pre-
scribed in this section for the officers OF
corporations, the afiidavit to which must
be made by the individual addressed or
some member Of the partnership ad-
dressed; the form of affidavit herein pre-
scribed with such changes as shall be
necessary TO make il applicable TO indi-
viduals and partnerships shall be enclosed
in said letter OF inquiry.
The caption was next changed to read
as follows:
IAN act TO prohibit pools, trusts and
monopolies and conspiracies to control
business and prices OF articles. to prevent
the formation or operation of pools, trusts
and monopolies and combinations. and
provide penalty therefor, and to provide
for the forfeiture OF charters of corpora
lions that violate the terms Of this act,
and to authorize the institution of prose-
cutions and suits therefor"
After the above had carried the follow
ing new section was adopted
Sec 2. 1t any person, persons, COM
pany, partnership, association or cor
poration, engaged In the manufacture OF
any article OF commerce or consumption
from the raw material produced or mined
in this state. shall with the intent or
purpose of driving out competition or for
the purpose OF tsnkrupting competitors,
sell at less than the cost Of manufacture,
or give away their manufactured prod
ucts, for the purpose of driving out COM
petition, or bankrupting competitors en-
gagged in the manufacture and refining of
the raw materials In this State, said per-
son, persons, company, partnership, as
ISOLATION or corporation resorting to this
method of securing monopoly in the
manufacture. refining and sale OF the an
shed product produced or mined 10 this
State shall be deemed guilty OF a con-
spiracy to form or secure trust or
monopoly in restraint of trade, and on
conviction shall be subject to the penalties
Of this act"
The following amendment was next iu-
troduced by Senator Greer, pending con-
sideration of which the senate adjourned
until Tuesday next:
Amend the bill by striking out all after
the enacting clause and inserting in leu
thereof tho following:
Section /. A trust is combination Of
capital, skill or acts by two or more per-
sons, firms, corporations or associations
CT persons, or either two or more of them
for either, any or all Of the following pur-
poses:
/. To create or carry out restrictions in
trade or commerce or aids TO commerce,
or to create or carry out restrictions in
the full and free pursuit Of any business
authorized or permitted by the laws OF
this State.
2. To increase or reduce the price OF
merchandise, produce or commodities.
3. To prevent competition in manufac-
ture, making, transportation, sale or pur-
chase Of merchandise, produce or COM
modties, or to prevent competition in aids
to commerce.
a. To fix at any standard or figure.
whereby its price to the public shall be
in any manner controlled or established,
any article or commodity Of merchandise,
produce or commerce intended for sale,
use or consumption in this State; or to
regulate or Ak the price or premium to
be paid for insurlng property against loss
or damage by fire, lightning. storm, cy-
4 clone, tornado or any other kind of policy
issued by insurance corporations.
| >. To make or enter into or execute or
carry out any contract. obligation or
I 80 -, III.
which they shall bind or have bound them
selves not to SELL dispose of or transport
any article or commodity, or article OF
! trade use, merchandise, commerce OF
| consumption below a common standard
! figure or by which they shall agree in any
manner to keep the price of such article
commodity or transportation at a fixed oil
graded figure, or by which they shall in
any manner establish or settle the price
OF any article or commodity or transpor-
tation between them or themselves anc
others to preclude tree and unrestricted
competition among themselves or other.
| in the sale or transportation of any suct
article or commodity. or by which they
shall agree to pool, combine or unite an,
interest they may have in connection witt
the sale or transportation of any sucl
article or commodity that its price Nigh
in any manner be affected.
Sec. 2. II any person, persons, com
pany, partnership, association or corpora
ton engaged in the manufacture of IN,
article Of commerce or consumption from
the raw material produced or mined Ii
this State, shall, with intent or purpn
of driving out competition. or for the pur
pose of bankrupting competitors, shall sci
at less than cost of manufacture, or Civ
away their manufactured products, 10
the purpose OF driving out competition @
lbankrupting competitors engaged in tn
manufacture and refining of the raw ma
terials in this State. said person, persons
company, partnership, association or cor
poration resorting to this method OF Sc
curing monopoly in the manufacture
refining and sale of the finished produc
produced or mined in this State shall b
deemed guilty of conspiracy to secur
a monopoly or trust in restraint OF trade
and on conviction shall be subject 10 tn
penalties OF this act.
Sec 3. Any trust defined in this ac
shall be deemd unlawful, and any indi
vidual, firm, corporation or association @
persons who shall be guilty OF being
party to such trust shall be punished q
herein provided
Sec !. Any corporation holding
charter under the laws of the State q
Texas which shall violate any Of the FRO
; visiong of this chapter shall thereby for
felt its charter and franchise, and its cor
porate existence shall cease and deter
mine.
! To, ,,tnta,,.., -