The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-24
HOUSTON DAILY POST FRIDAY MORNING JANUARY q 1oo2

40 M. -, shall loo punished Us line.
us ihes,, .n,brp,lush purpnses ars the stm
This -, irlnpr9red in the first section Bu
nfc,t It'i'ioh In defining crimes adds
M .Niou rCnderiug IL rrimual fnr "a NO,
sprh " ~ carrying 0pt lie purposes o
, | nm, ~ uhiawfcl combination Nnur "a
H., 'Tlhln'tl provisions apply to a rtrnors
tbry ~, 'hil 10 natural persons. thoAg
crrs NJ ~"ud ot course operate upon the off
usa * corporations " they niiemptrd 4
~ me corporation for aiding il, ,!,, ,, ~,
n~n,,imSs "l the purposes of an miawf,i
orScciioh . ~ this act rcnds ns rou,,,s
undnr my corporation holding charts
Sb.U' lne laws of the state ~ rsyes wbiel
nrt sh.W,"IV any N the provision. az thi,
frnpchtalnn thereby forfeit Its chnricr mn,
cease ANA ,"r,i S .,orRofatc existence shall
tbSt tne states .'etitiou does not charc,
ronbiunti,, Vs'uunt corporation made an,
,tb,s' all"n OF It's capital with thnt m ,i,,
.lher person or rornor,ti,,, '"u, :" ~
,b,"'v Snliges that the rhnrter members oi
~ ny uplcnIhht corporation la ANA bv tbci,
the oricc m nS Eration signed aud hlcI ~
| tiNi ~ OF the secretary OF Stnta .ort
,b"uu, 'Itit capital and with The nntno.r
trn s,,i ~ was not expressed in the writ
ur"vr ,tVisN OF agreement OF restricting and
T., .etl'k competition In rCmprt,sstuy rot
w. Inc petition then proceeds IT, chars,
~ ihc corporation IN pursuance Of sald
rno5Iaadd contract of It's charter members pro'
rnrgt. nrorS up and acquire an th -.
upovs' pluPctV OF certain competing com
hvSSvS which were aids 10 commerce nn,i
tnHt ne action of the defendant IN ncoui,,'
carrvin, '" ',,, uau the effect ~ creating and
nUsSi" E ON restrictions In trade and rom.
49, anu nt preventing conprtition lac
o III Salu AIDS 10 commerce. No orirer
tbiy ,HI"'I OF the corporation Is sued in
IL suit ana the question Is do iii. ,cty
! chafged against the corporation ,onstIi',tS
1 =" h'"'nii"h 10y the corporation MS Su,b ar
M Nhli trust act 81 isp5g
I bid ono mcrs, lu', lhS statute does not for
/ nnWs1" 1uS'ng up all its competitors Ll busi
/ ,r,,,SiW ihe express purpose nf dippctIv
/ nf ,,. competitions. The FIRST section
/ 1 Xxx. Two or more persons drIns or corpora
uoro,t LOT Su'h purpose, treats each cor
sane .'T rasi p unit ana places II under IN
/ nose which are restrictive OF nnt,irnI nr,
n,,,,,t ms - true al least ms To auy cor
t"."li'u existing at the time the nor ,vnu
be- o.,, wi 800 or which might hereafter
,,',,, ", suulE'u without any Of Its charter
members having any of the unlawful mr.
loss which the statute dcnounccs. II
n,at g WIS tnought 10y the legislature at
t ,"t NM mar there WAS but little danger
f ~ ,"t Punnc interest 20 he appreheudel
I'm I'm. vNiSung Trims ard corporations acting
legisIottoSn TO- prevent competition. and tho
lrmS or corporations from being organizoi
,"t Nu'h purposes. new firm conId MOI
YAM ". k"l!Ieu I"r such purpose without
Frt,9ittnE 'he Jaw by The very agreement Of
Ling u c"-parturrSbip, because such Mn
'h,''.rHl would necessarily he comhInn
non Of capital skin or acts bv two or morc
persons Tor such purpose A nov. rnr
puIhtlon could not be lawfully formed rn,
any of such purposes because a nriyntn
CORPORATION Is formed under our law only
Ny articles of agreement between thnse
w" FORM q corporation: and here opnio
luc very act OF attempting tn bring .or
P"IHil"h INTO existence would ncccssorii,. .
consist OF combination OF three or nnotc
persons whose acts, II for any of tho uice,i .
Pun poScS denounced by the statnfc noniJ
nor i'H rendered legal merely bec1uae tiH,,
SUW proper 10 put on the livery OF a cor.
I"raIion Instead Of the forms Of n c0.,ast
hIrShlp
u follows that tho acts CHARGED agoir,t
me defendant corr GRAFTON of bnri.. nm
competitors with the purpose Of nrcvcntin,,
G'inpeutlnn, II proved. do rot show ~ w
lailon "f the inhihitions OF the law o@,ingt
corporate acts unless The lgwm"rorg IT,
tended by tho second and tenth sectio,,s ~
me act prescribing civil pcnnItios ~ az, ~.
and forfeiture II charters Ia uunisb .rr
porationS as such for nets ,yblrb tha io
ana not forbid their doing
As before observed tho Inst mart y, no,
non t. which defines crimes mako ~ On ~
Tense for any person to hid I'm rn,rvtn i' az
ile unlawful purposes for which .,n
ohauon Is made, but In this section Arms
associations and corporations arc drnnnnd
ma the act In so far rs It defines crimes H.
United 10 Natural persons ''''''' -
Then, since tho provisions doAnfnc cr,,,o-
" men alone contain the Inhibition aGoiuet
uding In carving out the purnosas ~ ~,
Unlawful combine, by ono who has no, non ~"
,fr,... III