The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-03-17
NORTH DAKOTA
ANTITRUST BILL
MEETS APPROVAL
NORTH DAKOTA LAW BECOMES
EFFECTIVE JULY 1.
Harvester Trust May Have to Quit
Business or Change It's Methods
Incorporation Will Be Forfeited and
Fines Imposed When Restraint of
Trade Is Shown.
Special to The Journal.

Special to The Journal.
Grand Forks, N. D.. March 17.-Governor
Sarles has approved the Shells antitrust bill,
which will become effective on July l.. The law
is taken largely from the Sherman law and the
statute governing trusts in Illinois.
At the time the bill was taken up in the lower
house at Bismarck, it promptly announced
that 1t would result in driving the International
Harvester company out of the state, at least
modifying it's method Of doing business to
great extent
The big harvester company had no champions
on the floor of the house and the bill passed
by almost unanimous vote. The new law sfe
scribes trust as a combination of capital skill
or acts which two or more persons, firms, corpO-
IA lions associations of persons form for 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
Third-To fix at any standard or figure. where
by its price to the pubic shall be in any man
or commodity Of merchandise. produce or manu-
facture intended for sale. use or consumption in
this state: or to establish any pretended agency
whereby the sale of any such article or conf
modify shall be covered up, or made TO- appear
to he for the original vender, for a, like pur;
vender Or manufacturer to control the whole
sale or retail price Of any article or commodity
have passed from such vender manufacturer.
Fourth-To make or enter into, or examine
or o n or BY witch eE
shall bind or have bound themselves not to sell,
e1fT off, r,d ANY article or nG
commerce or consumption below common stand
ard figure, or card price list, or by which
p Ice of such article commodity or transporta-
ton at a fixed or graduated figure.
Forfeit Incorporation.
The law provides that any corporation incor-
pora ted under the laws of this state which shall
violate any Of the provisions of this act, shall
thereby forfeit its articles of Incorporation and
franchise and Its corporate existence shall cease
and determine.
For violation of any of the provisions of this
act by any corporation mentioned herein, it shall
be the duty of the attorney general, upon his
own notion or upon the sworn complaint of any
person aggrieved, to institute a suit of quo war
rnnto proceedings In any county in this state in
which such corporate existence does business or
may have office, for the forfeiture Of its
chul ter rights, franchise, and dissolution Of Its
corporate existence.
1t shall lie the duty Of the secretary Of ate
on Lefore the LIST day Of September of each
year to address to the president secretary or
| treasurer Of each corporate company doing bust
ness In this state and the person designated by
the articles of incorporation filed with the secre-
tary of state by foreign corporations, the per-
son on whom service CT process may be had
whose pGstoffce address is known may be as
certained, letter of inquiry as to whether the
said corporation has all or any part of its bust
ness or interests In or with any trust, company
association Of persons or stockholders. and to re-
quire answer under oath Of the president. secre-
tary or treasurer or any director of said COM
pany or any agent of any foreign corporation au-
thorized to do business in this state.
Must Prove Trust. . !,
In prosecutions under this act it shall be suf
lcient to prove that Il trust or combination eX-
lists, and that the defendant belonged to it Or
acted for in connection with it, without prov
Ing all the members belonging to it, or proving
or producing any written instrument on which 1T
may have been based, or that it was evidenced
by any written instrument at all.
Fines of not less than $500 more than $4,000
may be imposed.
| The provisions of this act shall not apply to
| agricultural products livestock while in the
hands Of the producer raiser.
Two Bonding Propositions.
| At the annual municipal election to be held on
April 3, two bonding propositions will be voted
upon. One provides for the issuance of $50, 900
worth Of refunding bonds. now CARRYING per
cent interest. to take up outstanding water
works and interest bonds at a rate Of interest
not, to exceed per cent
The other proposition is for the issuance Of
$50. 900 worn Of bonds for the INSTALLATION Of a
commercial electric lighting system. These bonds
| are also to bear not to exceed & per cent inter-
est.
1t is we'll known that such bonds can be sold
| at much lower rate of interest than per cent
and Mayor Louis has asked City Attorney Bangs
if it will be possible, should both propositions
carry at the election, to issue the bonds at a
lower rate Of interest than per cent, the amount
| named in the ordinances.
Mr. Bangs contends that they can be sold at
any rate of interest but not to exceed per
cent, and says that the rate named in the ordi-
nances is intended to be the maximum, and If
| the council by the exercise Of prudence and
business acumen are able to make better bar
gain for the city, they certainly authorized to
do
1t has been stated during the last day or. two
| fhpf tho N e.
would take steps to enjoin the vote on municipal
lighting bonds at the coming election. but nothing
has been done, and it is not expected anything
will be until the committee of five from the
council and city have had conference with
w. J. Murphy of Minneapolis, who is in
Florida, who is the principal owner Of the stock
! of the old company. There Is strong senti-
ment in favor of the city going into the munich
pal lighting business, and the bonds will carry
by good majority.