The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-27
ANTITRUST LAW
IS RECALLED
Recent Inquiries from Wash
ington Arouse Interest.
LUMBER AND HARDWARE
Two Cases Have Already Been
in Court

fact that number of Kiova county
Iumbernen and hardware merchants
have been indicted for an alleged viola
ton of Oklahomas antitrust laws much
interest in these laws has been created
The legislature of 1898 enacted antitrust
legislation, and although attempts have
been made to change the laws in succeed
ing legislatures, no change was ever
made The department of commerce and
labor ar Washington has recently writ
ten the attorney general asking for in
formation concerning these laws, and
they are as follows:
IF any Individual. firm. partnership
or association of persons whatsoever,
shall create, enter into, become a mem
Der of or party to. any pool. trust,
agreement. combination or understand
ing with any other individual, nrm' part
nership or association of persons what
soever to regulate the price or nix the
price Of or prevent or restrict the COM
petition In the sale Of provisions feed
fuel. lumber or other building materials
articles of merchandise or other com
modify, they shall be guilty of INSIDE
shall be fined not less than $50. nor more
than $500.
TT shall not be lawful for any cor
poration organized under the laws or
this territory. or organized under the
laws Of any other state or territory, ana
doing business in this territory, to enter
into a combination, contract, trust, pool
or agreement with any other corporation
or corporations. or with any Individual.
firm, partnership or association of per-
sons whatsoever, for the purpose Of regu-
lating or fixing the price of, or prevent
ing or restricting competition in the sale
of provisions feed, fuel, lumber or other
building materials, articles of merchan-
disc, or other commodity including the
fixing of the rate of interest Any presi-
dent, manager, director, agent, receiver
or other officer of any such corporation,
violating the provisions of this section
shall be deemed guilty OF misdemeanor.
and upon conviction thereof shall be
fined not less than s5e, nor more than
$500, for the first offense. and upon
second conviction shall be fined sum
equal to twice the amount of the first
fine and such corporation shall forfeit
its corporate right or franchise. and its
corporate existence, in this territory,
shall thereupon cease and determine.
ANY person purchasing provisions,
feed. material articles of merchandise,
or any commodity from any individual.
arm. partnership or corporation transact
ing business in violation of the provis-
ions of this act, such person so purchas-
ing. shall not be liable for the price or
payment of any such article or COM
modify and may plead this act as de-
fense in any suit for price payment.
In any civil action brought under the
provisions of this section the court be-
fore whom such suit shall be pending
may compel the plaintiff TO testify, but
IL the plaintiff be a corporation then the
court may compel any officer. agent or
employe Of such corporation to attend
appear and testify, or compel the pro-
duction of any contract. or papers in
evidence in such civil action: provided.
the evidence so obtained shall not De
used in any criminal prosecution for
perjury committed in giving such tesu-
mony.
Any person who shall have purchased
from any individual, firm, partnership or
corporation doing business in violation
of the provisions of this act, any pro-
visions, feed. fuel, lumber or other build
ing materials articles of merchandise
or other commodity, and paid for the
same: may maintain civil suit to re-
| cover the full amount Of damages sus-
tanned In consequence Of any such vio-
! lation of the provisions of this act. to-
/ sether with a reasonable attorneys fee
to be fixed by the court, which attorney
fee shall be taxed and collected as part
! of the costs in such case. In any c3vh
! action brought under the provisions OF
! this act the court before whom such suit
/ be pending may compel the defendant TO
/ testify, but if the defendant be cor
poration then the court may compel any
officer, agent or employe of such cor
| poration to attend appear and testify,
! or compel the production of any con-
| tract or paper as evidence in such civil
| action: provided, the evidence so obtained
shall not be used in any criminal action
/ against the person so testifyins except in
| a criminal prosecution for perjury COM
/ rnitted in giving such testimony.
/ cit shall he the duty of the prosecuting
attorneys in their respective counties. TO
enforce the foregoing provisions Of this
/ act. and any prosecuting attorney secur-
/ ing a conviction under the provisions Of
+ this act. shall be entitled in addition
to such Zee or salary as by law he is al
lowed for such prosecution, 10 one-hfth
! Of the fine received