Proviso Idem. Penalty for violation. When limited partnership guilty of misuser. Attorney general to file quo warranto. Injured party, right of action for damages. is to prohibit, restrict, limit, control or regulate the sale of any article of machinery, tools, implements, vehicles, or appliances designed to be used in any branch of productive industry; or to enhance or control or regulate the price thereof; or in any manner to restrict, limit, regulate or destroy free and unlimited competition in the sale thereof, shall be deemed illegal and void as in restraint of trade: Provided, That nothing in this act shall be construed to impair or invalidate agreements or contracts known to the common law and in equity as those relating to good will of trade. SEC. 2. Contracts, understandings and agreements of the following nature, whether written or oral, are hereby declared to be illegal and void under the provisions of section one of this act: First. Contracts compelling and requiring that any par ticular make or brand of any article of machinery, tools, implements, vehicles or appliances designed to be used in any branch of productive industry, shall be dealt in or sold, by either party to such contract, to the exclusion of all other makes or brands of such article or articles. Second. Contracts providing for the exclusive sale of certain makes or brands of manufactured articles of machinery, tools, implements, vehicles or appliances designed to be used in any branch of productive industry, and stipulating certain sums to be paid as liquidated damages to either party for every article so sold of other than the specified make or brand. SEC. 3. Any person making or entering into any contract, understanding or agreement made illegal by the terms of this act, or who shall do any act in pursuance of carrying the same into effect in whole or in part, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment at the discretion of the court. SEC. 4. Any partnership limited, or corporation, organized under the laws of this State, or authorized to carry on business in this State, which shall make, execute or enter into any contract, understanding or agreement made illegal under the terms of this act, or shall do any act in pursuance of carrying the same into effect in whole or in part, shall be deemed to be guilty of a misuser and shall forfeit its charter and all rights thereunder. SEC. 5. It shall be the duty of the Attorney General to file an information in the nature of quo warranto, upon his own relation, or the relation of any person, on leave granted, against any corporate body whenever it shall violate any of the provisions of this act. SEC. 6. Any person who shall be injured in his business or property, through the making or operating of any contract, understanding or agreement, made in violation of this act, shall have a right of action against the parties to such con- This act is ordered to take immediate effect. [No. 230.] AN ACT making appropriations for the State Board of Fish Commissioners for current expenses and for building and special purposes for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven, and to provide a tax to meet the same. The People of the State of Michigan enact: for current ex SECTION 1. There is hereby appropriated for the State Appropriation Board of Fish Commissioners on account of current expenses, penses. for the fiscal year ending June thirty, nineteen hundred six, the sum of thirty-four thousand six hundred ninety dollars, and for the fiscal year ending June thirty, nineteen hundred seven, the sum of thirty-three thousand seventy-five dollars: Provided, That not more than three hundred dollars may be Proviso as to expended by said board for traveling and incidental expenses expenses, etc. outside of the State in each year. traveling SEC. 2. The further sum of five thousand six hundred dol- Further lars is hereby appropriated for the fiscal year ending June appropriation. thirty, nineteen hundred six, and for the purposes and amounts as follows: For the Mill Creek station, one thou How used. sand two hundred dollars; for the Drayton Plains station, one thousand two hundred dollars; for the Harriette station, two thousand dollars; for the Sault station, one thousand two hundred dollars: Provided, That if the amount desig- Proviso. nated in this section for any one of the purposes stated be insufficient to complete the work or purchases, any surplus remaining after the completion of the other work or purchases specified in this section, may be used in the account or accounts where such deficiency exists, the intent of this proviso being to make the entire five thousand six hundred. dollars available for the purposes stated herein: Provided Further proviso, further, That the State Board of Fish Commissioners may obtain. obtain money under this section before July first, nineteen hundred five, in such amounts as they may, by requisition, certify to the Auditor General are necessary for immediate use, which amounts thus advanced, shall be deducted from the total amount appropriated when the appropriation becomes available. as to when may How paid. To be incorporated in state tax. SEC. 3. The several sums appropriated by the provisions of this act shall be paid out of the general fund in the State treasury to the treasurer of the State Board of Fish Commissioners at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 4. The Auditor General shall incorporate in the State This act is ordered to take immediate effect. Section amended. Board of educa consist. when held. [No. 231.] AN ACT to amend section two of chapter thirty-two of act The People of the State of Michigan enact: SECTION 1. Section two of chapter thirty-two of act number two hundred fifteen of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," being section three thousand three hundred thirty-nine of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 2. The board of education of such public schools shall tion, of whom to consist of six trustees, who shall be qualified electors of the school district, and the regular annual election of school Annual election, trustees shall be held on the second Monday of July of each year. At the first election held under this act two trustees shall be elected for the term of one year, two for the term of two years, and two for the term of three years from the second Monday of July of such year, and the term for which each trustee is elected shall be designated on the ballot cast for him. Annually thereafter two trustees shall be elected for a term of three years from and after the second Monday of July of the year when elected and until their successors are qualified and enter upon the duties of their offices. This act is ordered to take immediate effect. Approved June 16, 1905. Term of office. [No. 232.] AN ACT to amend sections three, five and six of "An act to The People of the State of Michigan enact: " amended. SECTION 1. Sections three, five and six of "An act to pro- Section vide for the incorporation of baseball clubs or companies," approved June six, eighteen hundred eighty-three, are amended as follows: amount may SEC. 3. The amount of capital stock in every such corpora- Capital stock, tion shall in no case be less than two thousand dollars, nor increased, etc. more than one hundred thousand dollars, and said capital stock may be increased or diminished from time to time as may be directed by the stockholders, subject to the foregoing limitations, but when the same is so increased or diminished, the amendment of the articles of association shall be signed, acknowledged and recorded, as required by section two of this act. The capital stock of such corporation shall be divid- Shares, ed into shares of not less than twenty-five nor more than one hundred dollars each. be SEC. 5. Every such corporation shall have power to lease, Real estate, may and to hold and acquire in fee simple, and to sell, mortgage, hold, sell, etc. and convey such real estate as may be necessary for carrying on the business of the corporation, but no such corporation shall hold real estate to exceed twenty-five thousand dollars in value, and every such corporation shall have power to em- Power of ploy baseball players, and to give exhibitions of the game, and corporation. hold contests and tournaments with other baseball clubs and players: Provided, however, That no pool selling or other Proviso as to betting shall be permitted on the grounds of the corporation, during any exhibition, tournament or game, held under the auspices of the corporation. betting, etc. stockholders. The stockholders of all corporations, organized Liability of under this act, shall be individually liable for all labor performed for the corporation, which said liability may be en- How enforced. forced by action in assumpsit against any or all of the stockholders, and the corporation jointly, but no levy shall be made upon the property of stockholders under an execution issued upon a judgment in any such action until the property of the corporation shall have been exhausted, and the clerk of the court, or the justice of the peace, issuing such execution shall endorse thereon a direction to the officer to that effect. Such individual liability shall not extend to or include salaries of officers. Any stockholder who may be compelled to pay any such judgment shall be entitled to contribution from the other solvent stockholders, in proportion to the number of shares held by each. Approved June 16, 1905. City to construct Home grounds. Expense, how paid. [No. 233.] AN ACT to provide for the construction, by the board of managers of the Michigan Soldiers' Home and the city of Grand Rapids, of a sewer to connect the Michigan Soldiers' Home in the county of Kent, and the premises adjacent to said sewer, with the public sewers of the city of Grand Rapids, to regulate the use of the same, and to provide for an appropriation therefor. The People of the State of Michigan enact: SECTION 1. That the city of Grand Rapids is hereby ausewer to Soldiers' thorized to lay and construct a sewer from a point on Canal street at the north city limits of said city, connecting with the public sewers of said city, to the grounds used and occupied as the Michigan Soldiers' Home in the county of Kent, said sewer to be laid and constructed either in the highway, outside the limits of said city, known as Canal street, the right to the use of said highway for the purpose being hereby granted, or upon private right of way, as the common council of said city may determine. The expense of the construction of said sewer shall be borne by the said city of Grand Rapids and shall be paid for from the general fund of May take private said city. If it shall be necessary in the construction of said sewer for the said city of Grand Rapids to take private prop erty outside the limits of said city therefor, authority to take the same by condemnation proceedings instituted in the circuit court for the county of Kent under act number one hundred twenty-four of the public acts of eighteen hundred eighty-three, and the amendments thereto, providing for the taking of private property for public use, is hereby granted said city. property. Board of mana on Home grounds. SEC. 2. The board of managers of the Michigan Soldiers' gers to construct Home is hereby authorized to lay and construct a sewer in the grounds used and occupied as the Michigan Soldiers' Home, from the point where the sewer so constructed by the said city of Grand Rapids reaches the grounds used and occupied as such Home, to such places upon said grounds as in the discretion of the said board of managers may be neces sary in order to properly dispose of the sewage of the Michigan Soldiers' Home. The sewer so constructed by the board of managers of the Michigan Soldiers' Home shall be con |