The Montgomery advertiser., 1907-06-17
Proposed Anti Trust Act
 of Wide Scope.
ROHIBITs PRICE AGREEMENTS
Any Combination in Restraint Of
 Trade Would Be Violation.
Text of the Measure Prepared by Fer tflizer Trust Committee for sub- mission to Legislature
 in July.

Tho antitrust bill prepared by the Fertilizer and Cotton Seed oil Mill h. vextigating Committee for submission to the Legislature when it convenes on B July g, as was stated by The Adver- tiser Tuesday, is of wide scope. It is based upon the Texas antitrust law, under which the Waters-Pierce oil Company litigation was instituted.
 The bill, though it was prepared by the Fertilizer Investigating Committed, has not special reference to manufac- turers of commercial fertilizers. to cover which Senator overton will pre- pare bill. It prohibits, in volumin- ous sections, any combination or agree ment whatever by which prices may be fixed in restraint of trade. or where by unjust discrimination may be made in the delivery. sale or purchase of any commodity.
 Followins Is a copy of the bill in full:
 To be entitled An Act, To prohibit
 pools, trusts, monopolles ana conI
 spiracies to control business and
 prices of articles; to prevent the
 Formation or operation of pools,
 trusts monepolies and combina-
 tions of charters of corporations
 that violates the terms of this act,
 and to authorize the institution of
 prosecutions and suits therefor.
 Re it enacted by the Legislature of Alabama:
 Section l. Any corporation organiz- ed under the laws of this or any other state or country, and transacting or conducting any kind of business in this State, or any partenrship, or individ- ual. or other association of persons whatsoever, who shall create enter into become member of ot party to any pool, trust, agreement combi- S4a4 nrfA inA a T1d ing with any other corporation, part nership. individual or any other person or association of persons, to regulate or fix the price of any article of man commodity, convenience, repair, any product of mining. or any article or premium to be paid for insuring pro- erty against loss or damage by fire, lightning or storm, or to maintain said price when so regulated or fixed, or or party to any pool agreement, combination, contract, association or confederation to fix or limit the amount or quantity of any article of convenience, repair, any product of mining. or any article or thing what paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado, or any other kind of policy issued by any corporation, part
 
 persons aforesaid; or shall enter into, become member of or party to any pool, agreement, combination, contract, association; or corporation, to fix the amount,o of any product, commodity. merchandise or any article or thing whatsoever, any person. corporation, partnership or association shall receive during any given time or from any sec ton or locality in this State or provide for a division of the same among any or all the members of such pool, trust combination, or confederation or part les to such agreement or contract or any agreement by which such part ies are to withdraw from. or not to en- ter the market in any given place. sec tion or locality for the purchase or sale of such commodities or any agreement by which full competition in the pur- chase or sale of such commodities Is restricted in any way, or the price be purchased or sold Is in any way fixed, limited restricted or regulated at any point or in any section or locality in this State, shall be deemed and adjudged guilty. of conspiracy to defraud, and to be subject to the penalties as provided by this act.
 Sec. 2. A monopoly" is any union or combination or consolidation or utilization of capital, credit property. assets, trade, custom. credit, property, of any other valuable thing or posses sion, by or between persons, firms or corporations, or association of persons, ; firms or corporations, whereby any one of the purposes or objects mentioned in this act is accomplished or sought to be accomplished, or whereby any one or more of said purposes are pro noted or attempted to be executed or carried out. or whereby the several results described herein are reason ably calculated to be produced; and a Nmonopoly", as thus defined and con- templated, includes not merely such more persons. firms or corporations acting for themselves, but is especially refined and intended to include all aggre egations, amalgamations, aftilia- lions, consultations, or interpretations of capital, skill, credit assets, proper ty, custom. trade, or other valuable thing or possession whether erected by the ordinary methods of partner ship or by actual union under the le- gal form of a corpof ation or an incor- porated body resulting from the union of one or more distinct firms or corpor- ations, or by the purchase acquisition or control of shares or certihcites of stock or bonds, or other corporate property or franchises and all corpor- ations or partnerships that have been or may be created by the consolidation or amalgamation of the separate capi- ! tai, stock, bonds, assets, credit, proper ties, custom, trade or corporate or firm belongings of two or more firms or corporations or companies are es- pecially declared to constitute monopo- lies within the meaning or this act, if so created or entered into for any one or more of the purposes named in this act; and a ''momopoly', as defined in this section, is hereby declared to be unlawful and against public policy, and any and all persons. firms corpor- ations or associations of persons en- gagged therein shall be deemed and ad- Judged guilty of a conspiracy to de- fraud, and shall be subject to the pen allies prescribed in this act
 Sec. 3. If any person, persons. com pany, partnership, association or cor poration, engaged in the manufacture of any article of commerce or cum sumption from the raw material pro- dueed or mined in this State, shall, with the intent or purpose of driving out competition, or for the purpose of financially injuring competitors, sell at less than the cost of manufacture or give away their manufactured prod ucts for the purpose of driving out competition or financially iniurnE competitors engaged in the manufact- this State said person. persons. com pany, partnership, association or cor poration resorting to this method of securing monopoly in the manufact- IIre refining and the sale of the finish cd product produced or mined in this state shall be deemed guilty of con- gpiracy to form or secure a trust or monopoly in restraint of trade, and on conviction shall be subject to the pen alties of this act
 Sec. 4. If any person, persons, com pany, parternership. association. cor poration or agent engaged in the man. merce or consumption produced, manu- factured or mined in this State or else where. shall with the intent or purpose af driving out competitiOn or for the