ARKANSAS.

STATUTES.

LAWS OF 1897, ACT 46.

AN ACT to prevent combinations of trusts and corporations in the State of Arkansas.

Be it enacted by the General Assembly of the State of Arkansas,

§ 1. That from and after the passage of this act, all arrangements, contracts, agreements, trusts, or combinations, between persons or corporations, made with a view to lessen or which tend to lessen full and free competition in the importation or the sale of articles imported into this state, or in the manufacture or sale of articles of domestic growth, or of domestic raw material, and all arrangements, contracts, agreements, trusts or combinations, between persons or corporations designed, or which tend to advance, reduce or con. trol the price, or the cost to the producer, or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful and void.

§ 2. Be it further enacted, That any corporation chartered under the laws of this state, which shall violate the provisions of this act, shall thereby forfeit its charter and franchise, and its corporate existence shall thereupon cease and determine.

Every foreign corporation which shall violate the provisions of this act, is hereby denied the right to do, and is prohibited from doing business in this state. It is hereby made the duty of the attorney-general of this state to enforce this provision by due process of law.

§ 3. Be it further enacted, That any violation of this act shall be deemed, and is hereby declared, destructive of full and free competition, and a conspiracy against trade, and any person or persons who may engage in any such conspiracy, or shall as principal, manager, director, or agent, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates, or orders, made in furtherance

of such conspiracy, shall on conviction, be punished by any fine not less than five hundred dollars, nor more than two thousand dollars, and by imprisonment in the penitentiary not less than one, nor more than ten years, or in the judgment of the court, by either such fine or imprisonment.

§ 4. Be it further enacted, That the provisions of this act shall not apply to agricultural products, or live stock, while in the possession of the producer or raiser.

§ 5. Be it further enacted, That any person or persons, or corporation, that may be injured or damaged by any such arrangements, contracts, agreements, trusts, or combinations, described in section one of this act may sue for and recover in any court of competent jurisdiction in this state, of any person or persons, or corporations, operating such trusts, or combination, the full consideration or sum paid him or them for any goods, wares, merchandise or articles of sale of which is controlled by such combination or trust.

§ 6. Be it further enacted, That it shall be the duty of the judges of the circuit courts of this state to specially instruct the juries as to the provisions of this act.

§ 7. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act, be, and the same are hereby, repealed.

Approved March 16, 1897. .

LAWS OF 1899, ACT 41.

AN ACT providing for the punishment of pools, trusts and conspiracies to control prices, and as to evidence and prosecution in such

cases.

Be it enacted by the General Assembly of the State of Arkansas,

§ 1. 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 shall create, enter into, become a member of, or a party to any pool, trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual or any other person or association of persons, to regulate or fix the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or

premium to be paid for insuring property against loss or damage by fire, lightning or storm, or to maintain said price when so regulated or fixed or shall enter into, become a member of or a party to any pool, agreement, contract, combination, association or confederation to fix or limit the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado or any other kind of policy issued by any corporation, partnership, individual or association of persons aforesaid, shall be deemed and adjudged guilty of a conspiracy to defraud, and be subject to the penalties as provided by this act.

§ 2. Any person, partnership, firm or association, or any representative or agent thereof, or any corporation or company, or any officer, representative or agent thereof, violating any of the provisions of this act shall forfeit not less than two hundred dollars, nor more than five thousand dollars for every such offense, and each day such person, corporation, partnership or association shall continue to do so shall be a separate offense, the penalty in such case to be recovered by an action in the name of the state at the relation of the attorney-general or prosecuting attorney; the moneys thus collected to go into the county school fund of the county in which the cause accrues, except as hereinafter provided.

§ 3. Any corporation created or organized by or under the laws of this state, which shall violate any of the provisions of the preceding sections of this act shall thereby forfeit its corporate rights and franchises; and its corporate existence shall, upon proper proof being made thereof in any court of competent jurisdiction in this state, be by the court declared forfeited, void and of non-effect, and shall thereupon cease and determine; and any corporation created or organized by or under the laws of any other state or country, which shall violate any provisions of the preceding sections of this act, shall thereby forfeit its right and privilege thereafter to do any business in this state, and upon proper proof being made thereof in any court of competent jurisdiction in this state, its right and privilege to do business in this state shall be declared forfeited; and in all proceedings to have such forfeiture declared, proof that any person who

has been acting as the agent of such foreign corporation in transacting its business in this state has been, while acting as such agent, and in the name, behalf, or interest of such foreign corporation, violating any provision of the preceding sections of this act, shall be received as prima facie proof of the act of the corporation itself; and it shall be the duty of the clerk of said court to certify the decree thereof to the secretary of state, and if it be an insurance company, also to the auditor of the state who shall take notice and be governed thereby as to the corporate powers and rights of said corporation.

§ 4. It shall be the duty of the secretary of state on or about the first day of July of each year, to address to the president, secretary or treasurer of each incorporated company doing business in this state, a letter of inquiry as to whether the said corporation, has all or any part of its business or interest in or with any trust, combination or association of persons or stockholders as named in the preceding provisions of this act, and to require an answer, under oath, of the president, secretary or treasurer, or any director of said company; a form of affidavit shall be enclosed in said letter of inquiry, as follows:

AFFIDAVIT.

STATE OF ARKANSAS, County of·

I,

do solemnly swear that I am the (president, secretary, treasurer or director) of the corporation known and styled duly incorporated

on the

day of

under the laws of 18- and now transacting or conducting business in the state of Arkansas, and that I am duly authorized to represent said corporation in making this affidavit; and I do further solemnly swear that the said and stlyled as aforesaid, has not since the

day of

day of

known

(naming the day upon which this act to take effect) created, entered into or become a member of or a party to, and was not, on the nor at any day since that date, and is not now, a member of or a party to, any pool, trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual, or any other person or association of persons, to regulate or fix the price of any article of manufacture, mechanism, merchan

dise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado or any other kind of policy issued by the parties aforesaid; and that it has not entered into or become a member of or a party to any pool, trust, agreement, contract, combination or confederation, to fix or limit the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado or any other kind of policy issued by the parties aforesaid; and that it has not issued, and does not own any trust certificates, and for any corporation, agent, officer or employe, or for the directors or stockholders of any corporation, has not entered into and is not now in any combination, contract, or agreement with any person or persons, corporation or corporations, or with any stockholder or director thereof, the purpose and effect of which said combination, contract, or agreement would be to place the management or control of such combination or combinations, or the manufactured products thereof, in the hands of any trustee or trustees, with the intent to limit, or fix the price or lessen the production and sale of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article.

[President, Secretary, Treasurer or Director.] Subscribed and sworn to before me, a

within

and for the county of

this

day of

18.

[SEAL.]

And on refusal to make oath in answer to said inquiry, or on failure to do so, within thirty days from the mailing thereof, the secretary of state shall certify said fact to the prosecuting attorney of the county wherein said corporation is located, and it shall be the duty of such prosecuting attorney, at his earliest practicable moment, in the name of the state, and at the relation of said prosecuting attorney, to proceed against such corporation, if a domestic corporation, for the recovery of the money forfeit provided for in this