Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-04-01
|SOME ACTSPASSED BY LEGISLATURE
New Laws That viii Be Of Interest to the
People Of the State
ANTITRUST LAW.

r is, OOPAO VI
ANTITRUST LAW. ia -.
Oh. B. No. 17s-Sheils) Iii
An Act Defining Trusts and Conspiracy
the Ss d
and Making Certain Acts in Violation Thereof
Misdemeanors, and Prescribing the Punish
hlent Therefor and Matters Connected
Be It enacted, ETC.:
Section 1. That a trust Is a comb.
nation Of capital, skill or acts by two
or more persons, firms, corporations,
or associations of persons, or two or
more of them for either, any or all Of
the following purposes: First. To
create or carry out restrictions in
trade. Second. To limit or reduce
the production, or increase or reduce
the price of merchandise or commodi-
ties. Third. To fix at any standard or
figure, whereby its price to the public
shall be in any manner controlled or
established, upon any article or COM
modify of merchandise. produce or
manufacture intended for sale, use
or consumption in this state; or to
establish any pretended agency
whereby the sale of any such article
or commodity shall be covered up or
made to- appear to be for the original
vendor, for like purpose or pur-
poses; and to enable. such original
vendor or manufacturer to control the
wholesale, or retail price of any ar
ticle or commodity after the title to
such article or commodity shall have
passed from such vendor or manu-
facturer. Fourth. To make or en-
ter into, or examine or carry out any
contract, obligation or agreement OF
any kind or description by which
they shall bind or have bound them
selves not to sell, dispose of, or trans
port any article or commodity, or ar
t1cle of trade, use, merchandise, COM
merce or consumption below a COM
mon standard figure, or card or price
list. Or by which they shall agree in
any manner to keep the price of such
article. commodity or transportation
at fixed or graduated figure, or by
which they shall in any manner es-
tablish or settle the price of any ar
ticle or commodity or transportation
between them or themselves and 9th
ers to preclude a free and unrestrict-
ed competition among themselves or
others in the sale or transportation of
any such article or commodity, or by
which they shall agree to pool, CON-
bine or unite any interest they may
have in connection with the sale or
transportation of any article or COM
modify that its price might in any
manner be affected. ....:' F.,
Sec. 2. That any corporation incor-
porated under the laws OF this state
or authorized to do business therein
which shall violate any Of the provi.
sions Of this act, shall thereby forfeit
its articles Of incorporation and fran
shall cease and determine.
Sec. 8. For violation of any of
the provisions Of this act by any cor
poratdon mentioned herein, it shall be
the duty Of the attorney general upon
his own motion or upon the sworn
complaint Of any person aggrieved
to institute suit or quo warranto
proceedings in any county in this
state in which such corporate exist
ence does business or may have an
Office, for the forfeiture OF its char
ter, rights, franchise, and d(ssolu-
ton OF its corporate existence.
Sec. 4. Every foreign corporation
authorized to do business in the state
OF North Dakota. violating any of the
provisions Of this act, is hereby de.
MED the right and prohibited from
doing any business within this state
and the authority granted by the filing
OF It's articles of incorporation in this
state authorizing it to do business
therein, shall cease and become void,
and it shall be the duty of the attor-
ney general to enforce this provision
by injunction or other proper proceed
ings instituted In the county of Bur
leigh or in amy county In which such
foreign corporation does business, In
the name OF the state ON his relation.
Sec. S. It shall be the duty OF the
secretary OF state on or before the
first day OF September Of each year
to address to the president. secretary
or treasurer OF each corporate com.
pany doing business In this state and
the person designated by the articles
of incorporation filed with the secre.
tary Of state by foreign corporations,
as the person on whom service of
process may be had, whose postoflice
address is known or may be ascer-
tained, letter Of inquiry as to
whether the sadd corporation has all
or any part OF its business or inter
ests IN or with any trust, company,
association Of persons, OF. stochhold-
ers as named IN section / OF this act.
and TO require answer under oath Of
the president, secretary or treasurer
or any director Of said company or
any agent Of any foreign corporation
authorized to do business In this
state, q form Of afldavit which shall
be incIosed IN satd letter Of inquiry
as follows: ii
STATE or NORTH DAKoTA,l
Il. Us \
County Of. ....)
-. s. do solemn