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

ration OF CORPORATIONS. or Win any stock
holders or directors thereof. the purpose
and effect of which said combination con-
tract or agreement, would be to place the
management or control OF such coniblna-
ton or combinations, or the manufactured
product thereof, in the hands OF any trustee
or trustees, with the intent to limit or flx
the price, or lessen the production and
sale OF any article of commerce use or
consumption, or to prevent, restrict or
diminish the manufacture or output OF any
such article.
president, Secretary. Treasurer, or III
rector.J
Subscribed and sworn to before me.
49, within and for the county of ----,
this ---- day Of ---, IS.
And on refusal to make oath, in answer
TO said inquiry, or on failure TO 40 so
within thirty days from the mailing there
or the secretary of state shall certify TO
the prosecuting attorney of the district
or county wherein said corporation is To-
Gated, and it shall be the duty of such
prosecuting attorney at his earliest prac-
teal moment. in the name of the State.
and at the relation of said prosecuting at
torney to proceed against such corpora
ton, II domestic corporation for the rc-
covery OF the money forfeit provided for
in this act, and also for the forfeiture
OF its charter or certificate Of incorpo-
ration. IL foreign corporation, to proceed
against such corporation for the recovery
Of the money forfeit provided for In this
act and to forfeit its right to do business
In this Stale; and provided that whatever
money, bonds, or other securities may
be on deposit In this State, shall remain
subject to the decision of said court to
secure whatever penalties or costs may be
ad1udged against said corporation or indi-
vidual.
Sec. 5. 1t shall be the duty OF the attor-
rey general and the prosecuting attorney
or each district or county respectively
TO enforce the provisions of this act. The
attorney general and the prosecuting at
toiney shall institute and conduct all
suits begun in the district courts. and upon
apreal thc attor-ey general shall prosecute
s sn6 of Rourts OF ciyil appeals
His servicSew orleanehalf the district or
cornty atst 10 o'cloctesenting the State
shall q .se on boardais actual expenses
lncnrrqa the excursanlon OF such suits,
20 oe9pa features of fnant or defendants
tm W will also vnrettsse re- tor me S,a.e,
thesel al conventio1os eoutipg attorney shall nj
oSave New orlSo l lSed n'a''o" 0He 0'' '"
90! neat al suits Instituted to forfeit
Nj ,lof corporations, or to forfeit
p1 ~ a corporation to do business
d fflmp!ete. where a judgment of forfeit
i he }iS,' ol5tNined the district court rem
aeripe slch judgment shall allow the
prosscutiag attorney fee of not less than
s25. nor more than $780, to be paid ont
of Sthe assets of said corporations and
when the attorney general takes part In
said prosecution he shall be entitled to
his actual expenses to be paid in like man
ner All actions authorized and brought
,so ~ ctol hay
motion of the prosecuting attorney or at
torney general of all other business, civil
and criminal, except criminal cases where
the defendants are in jail.
Sec Z. Provided that the six foregoing
sections of this act shall be construed to
be cumulative to all laws now in force In
this State.
On April 2s the above was on second
! reading amended so rs to add the follow
ing to section Z: provided that this act
shall be in force and take effect from and
after the 31st day of January, A. D. 1900"
On May 2 an amendment to section
was adopted providing that failure to an
swer such inquiries and to make such affi-
dtvits as the secretary of state is required
under the terms of the bill to make ard
enact shall be prima facie proof that
such incorporated company is transacting
| business in the State of Texas and has
violated the provisions of this act every
day after the expiration of thirty days
from the mailing OF said letter Of in
| quiry."
On May the following amendment to
section was adopted: And provided fur
Their that isis act shall not be held to apply
to live stock and agricultural products in
the hands of the producer or raiser, nor
shall 1t be understood or construed to pre-
vent the organization Of laborers for the
purpose of maintaining any standard oil
! wages.
on the same day the following sections
were added to the bill;
See Z. No purchaser of any article
thing or commodity from any individual
firm. association OF persons, company OF
corporation, or any agent representative
solicitor or canvasser thereof from saic
individual. firm, association of persons
company or corporation handling or manu-
featuring for sale any article, thing oil
commodity the price of which is fixed b,
any trust or combine as herelnbefore de-
fined, ard tr1nsacting business contrary
10 the preceding sections OF this act, Shal
be liable for the price OF pawn ent OF am
article, thing or commodity which he may
have purchased therefrom. whether the ar
ticle. thing or commodity be manufactures
within or without the State of Texas; anr
such purchaser may plead this act as &c
fense to a suit against him for recover,
OF fny sum in the payment for any article
IL ing or commodity so purchased as afore
said. and this act shall be a complete ba
in any such proceeding
Sec. Every corporation, copartner'
ship, firm or individual who may be In
owner or lessee of patent to any machin
ery intended used or designed for manu-
featuring any raw material or preparin
the same for market by any wrapping
baling or other process, who shall lease
rent or operate the same In their ow
name and refuse or fail to put the sam
on the market for sale shall be adjudge
a monopoly, and subject TO ali the pain
and penalties provided in this act.
Subsequent TO the adoption OF the abov
the following were also adopted:
amend by adding at the end OF seclo
the following: And all the penaltie
in the existing law of this State shall con
,inue 10 exist as TO violations OF such Law
and be applied to all violations theree
that have or may occur before this az
takes effect or which are not covered b
this act But after this act goes int
, effecr the penalties provided therein shs
control in all proceedings against col
porations for any violations Of this or es
listing laws, and In all cases against pei
, sons. co-partnerships or associations II
penaIties herein provided shall apply
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