The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-24
(Dmd]@00 tho Dome

/ 4
against trusts, introduced by Represen.
| tative Stephens in the House Saturday:
THE General Assembly of North
! Carolina do enact
"Section ]. ANY corporation or
| ganized under the laws of this or any
| other State or country. for transacting
| or conducting any kind of business in
| this State, or any partnership or individ-
ual or other association of persons what
socver, who shall create, enter into, be
come a member of or a party to any pool,
| trust, agreement, combination, cOnfeder-
] alton or understanding with any other
| corporation, partnership. individual or
! any other person or association of per-
| sons, to regulate or fix the price of any
! article of merchandise or commodity, or
shall enter into, become a member of or
party to any pool, agreement, contract,
combination or confederation to fix or
| limit the amount or quantity of any ar
| ticle commodity or merchandise 10 be
manufactured, mined, produced or sold
| in this State, shall be deemed and adj
| judged guilty of a conspiracy to defraud,
and be subject to penalties as provided
in this act.
"Section 2 1t shall not be lawful for
any corporation to issue or to own trust
certificates, or for any corporation,
agent, officer, or employe, or the direc-
tors or stockholders of any corporation,
to enter into any combination, contract
| or agreement with any person or per
sons corporation or corporations, or
with any stakeholder or director there
of, the purpose and effect of which com
bination, contract or agreement shall be
to place the management or control of
such combination or combinations. or the
| manufactured product thereof, in the
hands of any trustee or trustees, with
the intent to limit or fix 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.
Section 3. ANY corporation or COM
pany, individual, firm or association vio-
lating any of the provisions of this act
shall forfeit one hundred dollars for
each day it shall continue to do so, to
be recovered by an action in the name
of the State, at the relation of the cir
cult or prosecuting attorneys-mOneys
thus recovered to go into the revenue
fund of the county in which the cause
| accrues.
Section A. Any contract or agree
ment in violation of any provision Of the
preceding sections Of this act shall be
| absolutely void.
Section 3. Any purchase of any ar
ticle or commodity from any individual.
company or corporation transacting bust
ness contrary to any provision of the
preceding sections of this act shall not
be liable for the price or payment of
such article or commodity, and may
plead this act as a defense to any suit
for such price or payment.
Section 6. Any corporation created
or organized by or under the laws of
this State which shall violate any pro-
vision Of the preceding sections of this
act shall thereby forfeit its corporate
rights and franchises, and its corporate
existence shall, upon proper proof being
made thereof in this State be by the
court declared forfeited, void and of
nor-effect and shaif ~thereupon cease
and determines: and it shall be the duty
OF the clerk of said court to certify the
decree thereof to the Secretary of State
who shall take notice and be governed
thereby as to the corporate papers Of
said corporation.
Section {. In all suits instituted
under this act to forfeit the charter of
corporations, where 4 judgment of for
! fixture is obtained and the cause is not
appealed to the Supreme court, the Cir
cult court rendering such Judgment shall
allow the Circuit or prosecuting attorney
prosecuting the suit a fee of not less
than one hundred dollars, not more than
! five hundred dollars, to be paid out of
the assets of said corporation: Provided
! that in case such cause is appealed 10
the Supreme court, and the Judgment Of
| forfeiture affirmed, the attorney general
| shall lee entitled to One-half of the fee
so allowed by the Circuit court for his
! services in prosecuting said cause in the
! appellate court.
"Section s. That all laws in conflict
with the provisions of this act are here
| by declared void.
"Secton 8. That this act shall he in
force from and after its ratification"
II think legislators fail oftenest," said
/ Hon J. A. Lockhart, one of the ablest
men in the State last night, ''in trying
to provide for every detail in such
measures as the educational bill and
I the election law. 1t is always safest
and best to trust to the wisdom Of the
people of the counties. | believe there
are enough competent men in every
county TO fiji every State office.
! when the Legislature entrusts them with
large power. Take the public school
problem. The best thing the Legislature
/ can do is to leave the control and man
! agement of the schools to the local au-
/ thorities They are competent enough
| and they have the benefit of the needs
OF each particular community. and are
! therefore best qualified to create the
necessary machinery and put it into
execution"
Il tell you what / want to see" said
! a well known gentleman last night. Il
want to be present when the Wilson
committee examines Vice President An
drews under oath as to his transactions
with S. Ohio Wilson in connection with
the Round Knob eating house. If he is
asked searching questions, and Ohio is
asked searching questions, as of course
will be done, there will be some mighty
! interesting reading for the North Caro-
I.,,o ,,,,JI;o Tho focf that the Southern