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§ 204. Alabama.-"Any person or corporation who engages or agrees with other persons or corporations, or enters into, directly or indirectly, any combination, pool, trust or confederation, to regulate or fix the price of any article or commodity to be sold or produced within this State, or any person or corporation who enters into, becomes a member of, or party to, any pool, agreement, combination, or confederation, to fix or limit the quantity of any article or commodity to be produced, manufactured, mined, or sold, in this State," is guilty of a criminal offense.1 And so is "any corporation chartered under the laws

1 Crim. Code (1907), § 7579. The punishment here prescribed is a fine of not less than $500 or more than $2,000. For similar pro

visions see under Ark. (§ 205); Ill. (§ 209); Iowa (§ 211); Ky. (§ 213); Mich. (§ 217); Minn. (§ 218); Miss. (§ 219); Mo. (§ 220);

of this State, or any officer, stockholder, agent, or employee of any such corporation, which enters into any combination with any other corporation or person with the intent to place the management or control of any such corporation in the hands of another corporation or person, and thereby limit or fix the price, restrict or diminish the production, manufacture, sale, use, or consumption of any article of commerce." 2 And so is "any person or corporation, domestic or foreign, which shall restrain or attempt to restrain the freedom of trade or production, or which shall monopolize or attempt to monopolize the production, control, or sale of any commodity, on the prosecution, management, or control of any kind, class, or description of business; or which shall destroy, or attempt to destroy, competition in the manufacture or sale of a commodity." 3

$ 205. Arkansas.-"Any corporation organized under the laws of this or any other State, or country, and transacting or conducting any kind of business in this State, or any partnership or individual, or other association or persons whatsoever, who are now, or shall hereafter create, enter into, become a member of, or a party to any pool, trust, agreement, combination, confederation or understanding, whether the same is made in this State or elsewhere, with any other corporation, partnership, individual, or any other person or association of persons,

N. D. (§ 226); Utah (§ 233). Civil Code (1907), §§ 4594-6 relate to restrictions upon competition in insurance business. Pooling arrangements in railroad business are prohibited by § 5497; Crim. Code (1907), § 7687. By Const., § 103 "the legislature shall provide by law for the regulation, prohibition or reasonable restraint of common carriers, partnerships, associations, trusts, monopolies, and combinations of capital, so as to prevent them or any of them from making scarce articles of necessity, trade or commerce or from increasing unreasonably the cost thereof

to the consumer, or preventing reasonable competition in any calling, trade or business."

2 Crim. Code (1907), § 7580. For similar provisions, see under Ill. (§ 209); Iowa (§ 211); Kan. (§ 212); Ky. (§ 213); Mich. (§ 217); Mo. (§ 220); Ohio (§ 227); Tex. (§ 232); Utah (§ 233). The punishment is the same as under § 7579, supra. These sections must be given as a special charge to the grand jury. § 7582.

8 Crim. Code (1907), § 7581. The punishment is the same as under § 7579.

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to regulate or fix either in this State or elsewhere the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining or any article or thing whatsoever, or who are now, or shall hereafter enter into, become a member of, or a party, to any pool, agreement, contract, combination, association or confederation, whether made in this State or elsewhere, to fix or limit in this State or elsewhere, the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining or any article or thing whatsoever, shall be deemed and adjudged guilty of

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a conspiracy to defraud." 4

4 L. 1905, c. 1, § 1 (with provisions specially applicable to insurance against "fire, lightning, storm, cyclone, tornado"). For similar provisions, see under Ala. (§ 204); Ill. (§ 209); Iowa (§ 211); Ky. (§ 213); Mo. (§ 220); N. D. (§ 226); S. C. (§ 229); Utah (§ 233). In Hartford Fire Ins. Co. v. State, 76 Ark. 303; 89 S. W. 42 (1905), this was held applicable to a foreign insurance corporation doing business in the State, while a member of a pool, etc., to fix rates, though such pool, etc., is not created or maintained in the State, and does not affect or fix, or attempt to affect or fix rates of insurance in the State. And such provision was held free from objection on constitutional grounds. As to distinction between "conspiracy to defraud” and criminal conspiracy at common law, see Hammond Packing Co. v. State, infra. By § 2 the penalty for a violation of any of the provisions of the act is a forfeiture of not less than $200, or more than $5,000 for each offense, and each day of continuance of violation shall be a separate oifense; by § 3 provision is made for

a forfeiture of the rights and privileges of a corporation, foreign or domestic, violating such provisions. See Hammond Packing Co. v. State, 81 Ark. 519; 100 S. W. 407, 1199 (1907); affirmed in 212 U. S. 322; 29 Supm. 370 (1909). By § 4 "the sale, delivery, or disposition of any of the articles, commodities or things hereinbefore mentioned, by any individual, company or corporation transacting business contrary to the provisions of this act within this State, is hereby declared to be unlawful and contrary to public policy, and the purchaser of any article or commodity from any such offending individual, company or corporation shall not be liable for the price or payment thereof, whether the purchase was made directly from the individual, company or corporation so unlawfully transacting business, or indirectly from one who acted for such individual, company or corporation as agent, representative, solicitor or canvasser. And provided, further, that where any money or other thing of value is paid to such individual, company or corporation so unlawfully transact

§ 206. California. "A trust is a combination of capital, skill or acts by two or more persons, firms, partnerships, cor porations or associations of persons, or of any two or more of them for either, any or all of the following purposes: (1) To create or carry out restrictions in trade or commerce. limit or reduce the production, or increase or reduce the price of merchandise or of any commodity. (3) To prevent compe

ing business, its agent, representative, solicitor or canvasser, the person so paying the same may recover back the amount of the money or the value of the thing so paid." For similar provisions, see under Ill. (§ 209); Iowa (§ 211); Ky. (§ 213); Mo. (§ 220); N. M. (§ 223); N. D. (§ 226); see also under Kan. (§ 212). As to § 4 being confined to transaction of business within State, see Frank A. Menne Factory v. Harback, 85 Ark. 278; 107 S. W. 991 (1908). § 5 seems substantially identical with S. C. L. 1902, c. 574, § 2. See also under Ga. (§ 207); Miss. (§ 219). And § 6 is to like effect with S. C. L. 1902, c. 574, § 3. § 7 seems substantially to the same effect as the provisions added by L. 1893, p. 89, to Ill. L. 1891, p. 206 (see § 209). In State v. International Harvester Co., 79 Ark. 517; 96 S. W. 119 (1906), distinguishing People ex rel. Akin v. Butler Street Foundry Co., 201 Ill. 236; 66 N. E. 349 (1903), held not a violation of the act to continue to do business in the State after failure or refusal to file affidavit.

By §§ 8, 9, provision is made for taking testimony; by §§ 10, 11, as to the duty and compensation of prosecuting officers. In Hammond Packing Co. v. State, supra, §§ 8, 9 were sustained against constitutional objections, as applicable to books

(2) To

of foreign corporation not kept within State.

In State v. Lancashire Fire Ins. Co., 66 Ark. 466; 51 S. W. 633; 45 L. R. A. 348 (1899), acts and agreements not affecting persons or property or the price of insurance within the State were held not within a former act. See also State v. Ætna Fire Ins. Co., 66 Ark. 480; 51 S. W. 638 (1899). But the prohibition of the act of 1905 was, in Hartford Fire Ins. Co. v. State, 76 Ark. 303; 89 S. W. 42 (1905), held to apply to membership by a foreign corporation in a combination, though not created or maintained in the State, and not affecting or fixing, or attempting to affect or fix rates of insurance in the State. Such prohibition was held within the power of the State. By L. 1907, c. 184, an insurance corporation may do business in the State, if not a member, etc., of a pool, etc., to regulate, etc., insurance premiums on property in the State. As to prohibition against pooling, see § 12; Digest (1904), §§ 6726, 6805.

"Perpetuities and monopolies are contrary to the genius of a republic and shall not be allowed." Const., art. 2, § 19. For similar provisions, see under Md. (§ 216); N. C. (§ 225); Okla. (§ 228); S. D. (§ 230); Tenn. (§ 231); Tex. (§ 232); Wash. (§ 234); Wyom. (§ 236).

tition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity. (4) To fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption in this State. (5) To make or enter into or execute or carry out any contracts, obligations or agreements of any kind or description, by which they shall bind or have bound themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure, or fixed value, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article, commodity or transportation between them or themselves and others, so as to directly or indirectly preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transpor tation of any such article or commodity, that its price might in any manner be affected. Every such trust as is defined herein is declared to be unlawful, against public policy and void."

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5 L. 1907, c. 530, § 1. For similar provisions, see under Kan. (§ 212); Mich. (§ 217); Miss. (§ 219); Neb. (§ 222); N. D. (§ 226); Ohio (§ 227); S. C. (§ 229); Tex. (§ 232).

By § 2 provision is made for forfeiture of the rights, etc., of, and dissolution of a corporation violating the act, so by § 3 for forfeiture of the rights of a foreign corporation.

By § 4 the penalty prescribed is

a fine of not less than $50 or more than $5,000, and imprisonment for not less than six months or more than a year, or both.

As to sufficiency of indictment, etc., and of proof, and as to procuring of testimony, see §§ 5, 6.

By § 7 provision is made for a penalty of $50 for each day of commission or continuance of violation of the act after notice provided for. See as to duty of prosecuting officer.

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