The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-15


which must be made by the individual
addressed or some member OF the partner
ship addressed; the form Of affidavit here
In prescribed, with such changes as may
be necessary to make II applicable TO in
dlviduals and partnerships shall be in
closed in said letter of inquiry
Sec. 6. II shall be the duty OF the attCr-
ney general and the prosecuting attorney
OF each district or county respectively.
to enforce the provisions OF this act. Tine
attorney general and the prosecuting ct
torney shall institute and conduct all
suits begun in the district courts. and
upon appeal the attorney general shall
prosecute said suits in the courts OF civil
appeals and supreme court. AS compen-
sation for his services Ia this behalf the
district or county attorney representing
the State shall be entitled to mis- actual
expenses incurred In the prosecution ~
such suits to be paid by the defendant or
defendants when judgment Is rendered fol
the State. TO be taxed as costs by the court
hearing the csuse The prosecuting at
torney shall receive for his compensation
one-fourtf of The penalty collected.
Sec Z, In all suits instituted to forfei,
the charter Of corporations or to forfeit
The right Of a corporation 10 10 b1sins ss
In this State where q judgment OF forfeit
urc is obtained, the district court render
ing such judgment shall allow the prose
twentyfyr dollars nor moro than two
hundred and fifty dollars to be paid out
OF said corporation. and when the attorney
general takes part IN said prosecution he
shall be entitled 10 his actual expenses.
TO be raid in like manner All actions au-
thoriled and brought under This act shall
have precedence, on motion OF The prose-
cutting attorney or attorney general, of
all other business, civil and criminal, OK
cept criminal cases where the defendants
are in Jail; and provided further. that this
act shall not be held to apply to live
stock and agricultural products in the
hands of the producer or raiser nor shall
II be understood or construed TO prevent
the organization OF laborers for the pur-
pose OF maintaining any standard or
wages, provided the fees allowed prose
cutting attorney representing the State,
provided for in this section, shall be over
and above the fees allowed him by the
general fee bin now In force
Sec, s. Every corporation, copartuer-
ship, firm or individual who may .e the
owner or lessee of a patent TO any ma
chinery. intended, used or designed for
manufacturing any raw materials or pre-
Earring the same for market 10y any wrap
ping baling or other process, who shall
lease rent or operate the same In their
own name end refuse or fail TO put the
same IN the market for sale. shall be
the pains and penalties provided in this
act.
Sec. Q. The sale OF any article or COM
modify manufactured or controlled by a
trust or monopoly is hereby declared IT,
legal and shall not be enforceable at law
or in equity and the consideration for
such sale shall never be collectible; and
when cash or anything of valde is paid
as the compensation Of said sale, such
cash or thing OF value is hereby declared
paid in violation of law, and may be re-
covered back.
Sec TO- The following corporations CO.
partnerships firms or individuals are also
adjudged a monopoly and subject to all
the pains and penalties provided In this
act;
Every corporation, partnership. firm
or individual which may gather items OF
news or press dispatches for sale to Lews
papers and which shall refuse to sell
said items of news or press dispatches to
more than one newspaper to stated mum
Der OF inhabitants in any city, town, OF
subdivision of the state OF Texas or With
in a certain radius of territory
Every association OF newspapers formed
for the purpose OF exchanging items OF
news and press dispatches which may
require of Its members under pain of for
fixture their membership, that they 10 not
sell to or exchange with newspapers not
press dispatches.
Sec H. Provided that the foregoing sec
tons of this act shall he construed to
be cumulative to all laws now in force
In this State. And all the penalties pro-
vded in the existing law of this State
shall continue to exist as 10 violations
of such law and he applied to all yiola-
tions thereof that have or may occur be-
fore this act takes effect, or which are
not covered by this act But after this
act goes into effect the penalties p"o-
vlded herein shall control in all proceed
ngs against corporations for any viola
ton OF this or existing laws. And I'm all
cases against persons, Co-paItnerShips or
associations the penalties herein provided
shall apply to such partnership or as
ISOLATION, but If the offonse committed j.
q felony under existing law the persons
actually committing the same shall be
punished under such law. in the manner
therein provided. Should there be a diff
ferent penalty provided for the same vlo-
lation of any provision OF this act and
that existing law. not herein specially pro-
vded for the penalties provided IN tnis
act shall he the penalties in such cases
But this act shall not repeal or supelsedc
the provisions of the penal code or code
Of criminal procedure Of this State upon
the subject matter of this act; provided
that this act shall be enforced and take
effect from and after the Slst day ri jan
uary, A. u 1900
See. 10. The near approach OF the end
Of the session and fact that we now have
no adequate antitrust law upon che
statutes and the importance OF such legis-
latlon. create an emergency and ihpera-
tive public necessity that the constitu-
tional rule requiring bills to he read on
three several Gays be suspended. and it is