The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1905-12-22

issued, such corporation, joint stock company, or association
shall show to the sat- faction of the Secretary of Commerce
and Labor that the said Coz poration, company, or association
lis not overcapitalized, but that it's alleged capital represents
only a fair valuation of the rights and property actually owned
and possessed by it; that it is not an unlawful trust or COM
bination, or operated in viooation of the laws of the United
Estates, and that it is not its purpose to conduct a business in
violation of the present or future laws of the United States;
that it has not entered into any contract, combination in the
form OF trust or otherwise, or conspiracy, in restraint of trade
or commerce among the several States or Territories, or with
the District of Columbia, or with foreign nations, and that it
is not its purpose to enter into such contract, combination, or
c%onspiracy; and that it is not monopoizng Or attempting to
monopolize. or combining or conspiring with any other per-
son, corporation, company, or association to monopoize any
part OF the trade or commerce herein mentioned, and that it
lis not its purpose to monopoize, or to combine or conspire to
monopolize, any part OF such trade or commerce.
Sec. 3. That the Secretary of Commerce and Labor is
authorized to issue licenses and franchises to corporations,
IJoint stock companies, and other associations to engage in
trade and commerce in food and fuel supplies, upon proper
application and satisfactory showing, as herein provided, and
such licenses or franchises shall continue in force during the
legal life of such corporations, companies, or associations
respectively, unless sooner forfeited Or suspended, as herein
after provided. The Secretary OF Commerce and Labor is
authorized to establish a schedule Of reasonable fees for the
examination Of such corporations, companies, and associations,
and for the issuance of such licenses or franchises, and to
lcharge and collect the same. The amounts collected for such
charges shall constitute a fund to be expended for the promo
ton of the work of the Bureau of Corporations of the Depart
In1ent of Commerce and Labor.
Sec. 4. That between the first and tenth days of July in
1CdSA yedIs u " SuCH OCueT times as the secretary OF
Commerce and Labor may require, every corporation, joint
stock company, OF other association engaging in trade or COM
Imerce in food or fuel supplies, as herein provided, shall file a
report in the Office of the Secretary of Commerce and Labor,
Signed and sworn to by its president, its treasurer, its general
manager, and a majority of its directors, or by the persons
exercising the powers usually exercised by such officers and
directors, setting. forth such information concerning it's organ
ization, capitalization, properties, earnings, profits, dividends,
and business methods as may be required by the Secretary of
Commerce and Labor. A failure on the part of the said cor
lporation, company, or other association to make and file the
annual report within the time herein provided, or to make
and file any additional report within thirty days after written
demand therefor by the Secretary of Commerce and Labor,
shall cause a Suspension of the franchise or license Of such
corporation, company, or association, and all the rights there
under, until the requirements Of this section are fully complied
with.
Sec. 5. Thatif any corporation, Joint stock company, or
other association having obtained from the Secretary of Com
meree and Labor a license or franchise to engage in interstate
or foreign commerce or other commerce within the territorial
boundaries of the United States as herein provided,
shall thereafter violate any of the provisions of the statues
|of the United States against unlawful restraints and monop-
|olies in the trade and commerce of the United States, or the
provisions of acts amendatory thereof or supplemental there
Ito, such offensc shall work a forfeiture of the license or fran
lchise of the said corporations, company, or other association
land of all its right to engage in the trade or commerce afore-
(said. It shall thereupon become the duty of the Attorney
General to maintain an action in the proper circuit court of the
United States to forfeit such licenses or franchise and to GUST
such corporation, company, or association of all rights and
privileges Hereunder, and the several circuit courts of the
limited States are hereby given original jurisdiction of such
factions and OF all proceedings Hereunder. The Secretary of
Commerce and Labor, upon a new application and futhur show.
ing on. behalf Of such corporation, company, or association, may
in his discretion, if satisfied that the unlawful features Of such
lcorporation, company, or association haye been eliminated and
that other violations of the laws against unlawful restraints or
monopoies are not likely to be made by such corporation,
company. or association, grant a second license or franchise to
such corporation, company or association. But if such cor
Iporation, company, or association shall be finally adiudged
|guiltys of 4 further or second ofense no other license or fran
1chise shall be issued to II, and it shall be forever barred and
! prohibited from engaging in the trade and commerce aforsaid.
SEc:6hs That It shall be unlawful for any corporation,
fJoint stock company, or other association to engage ID the
~ltrade3or commerce il food Or fuel supplies herein referred to