The people's journal. (Pickens, S.C.) 1891-1903, 1902-03-06


: product produced or mined in thi
State, shall be deemed guilty of a con
spiracy to form or secure a trust OF
monopoly in restraint of trade, and
on conviction, shall be subject to tbt
penalties of this act.
= Sec. 4. Any person, partnership
firm or association, or any representa-
tive or agent thereof, or any corpora
tion or company, or any officer, repre-.
sentative or agent thereof, violating
any of the provisions of this act, shall
forfeit not less than two hundred dol.
lars, nor more than five thousand dol
lars, for every such offence, and each
day such person, corporation, partner
ship or association shall continue TO
40 so, shall be separate offence, the
penalties in such cases to be recovered
by an action in the name of the State,
at theIrelation of the Attorney General
or the Solicitor Of the Judicial Circuit
within which the offence was commit
tel; the moneys thus collected to 20
into the State Treasury, and to become
part Of the general fund except as
hcrcinbeforc provided. The amount
Of the forfeit to be fixed by the Judge
before whom the case is tried III each
case, within the aforesaid limits; the
collection of which penalty shall be
| enforced as the collection of fines
against defendants upon conviction of
a misdemcanor.
Sec. 5. If any two or more persons
or corporation, who are engaged in
buying or selling any article Of COM
mercc, manufacture, mechanism, mcr-
chandlse, commodity, convenience, re.
pair, any product Of mining or any az
ticlc or thing whatsoever, shall enter
into any pool, trust, agreement, combl-
nation, confederation, ASSOCIATION or
understanding to control or limit the
trade in any such article or thing; or to
limit competition in such trade by re-
fusing to buy from or sell to any per-
son or corporation any such article or
thing aforesaid, for the reason that
such otEer person or corporation is not
member Of or party to such pool,
trust, agreement, combination, con-
federation, association or understand.
ing; or shall boycott or threaten any
| person Or corporation, for buying from
or selling to any other person or cor
pOratiOn who Is not Il member OF or a
party to such pool, trust, agreement,
combination, confederation, associa-
ton or understanding, any such article
or thing aforesaid, it shall BIZ viola
ton Of this act; and any person, firm,
| corporation or association of persons
committing such violation shall be
deemed and ad.judged guilty of a con.
spiracY to defraud, and shall be sub
jcct to the penalties prescribed in this
| act.
Sec. 6. Any corporation created Or
State which shall violate any of the
provisions of the preceding sections of
this act shall hereby forfeit its corpo-
raIe rights and franchises; and its cor
porate existence shall, upon the proper
proofs being made thereof in any court
IF competent jurisdiction in the State,
be by the court declared forfeited, void
and of none effect, and shall thcreupon
cease and determine; and any corpora.
tion created or organized by or under
the law of any other State or country
which shall violate any Of the provi-
| sions Of The preceding sections of this
act, shall thereby forfeit its right and
privilege thereafter to do any business
in this State; and upon proper proof
| being made thereof III any court of
competent jurisdiction in this State,
its rights and privileges to do business
in this State shall be declared forfeited
and in all proceedings to have such
forfeiture declared, proof that any per-
son who has been acting as agent of
such foreign corporation in transact
ing its business in this State has been,
while acting as such agent and IN the
name, behalf or interest Of such for
cign corporation, violating any pro-
visions Of the preceding sections of
this act, shall be received as prima
facie proof of the act of the corpora
ton itself; and it shall be the duty of
the clerk Of said court TO certify the de-
cree thereof to the Secretary Of State.
Sec. 7. 1t shall be the luty OF the
Attorney General and the prosecuting
attorney of each circuit where the Of
Tense is committed, respectively, to en-
force the provisions OF this act. The
prosecuting attorney or solicitor shall
institute and conduct all suits begun
in the circuit courts, and upon appeal
the Attorney General shall prosecute
said suits in the supreme court.
Sec. 9. The provisions of the fore.
going sections, and the pains and pen.
altles provided for violations of this
act shall be held and construed to bc
cumulative to all laws now in force in
this State: And provided, That the pro
visions of this act shall not exempt
from punishment or forfeiture an,
persons, firm, association of persons OF
corporations, who may have violated
or offended against any law now in
existence that may be or may be con.
strucd to be repealed by this act or il
conflict herewith: And provided, fur
thcr, That nothing in this act shall be
deemed or construed to effect any suits
or prosecutions now pending OF here
after to be instituted upon any course
Of action, forfeiture or penalty accru
ing or to accrue prior to the date of the
: taking effect of this act, but all such
rights to maintain, institute or prose
cute all such causes of action are here
| Inv rnanrunI IN N lot in, I,