case; and pending such information or complaint, and before final judgment, the court may at any time, upon proper notice, make such temporary restraining order, injunction or prohibition as shall be just in the premises.

§ 4. Whenever it shall appear to the court before which any examination under section three, of this act, may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned in such manner as the court shall direct.

§ 5. Any person transacting or doing business within this state, who shall be injured in his business or property by any other person or corporation, by reason of anything forbidden or declared to be unlawful by this act, may recover the damages by him sustained, and costs of suit.

§ 6. The examination of any party, or in case a corporation be the party, the examination of the president, secretary or other proper officer or general managing agent of such corporation, or any person acting for another or acting for such corporation or partnership, otherwise than as a witness on a trial, may be taken by deposition at the instance of the state of Wisconsin, in any action or proceeding under this act, at any time after the commencement thereof and before final judgment. Such deposition shall be taken before a judge at chambers on a previous notice to such party and any other adverse party, or their respective attorneys, of at least five days, or it may be taken without the state, upon commission, in the manner provided for taking other depositions. The attendance of the party to be examined may be compelled upon subpoena, without payment of witness fees, and such examination shall be subject to the same rules as that of any other witness; but he shall not be compelled to disclose anything not relevant to the controversy. If such examination shall be taken before issue joined, the notice of taking the same shall be accompanied by the affidavit of the district attorney, the attorney-general, or some other party, stating the general nature and object of the action, that discovery is sought to enable the party to plead the points upon which such discovery is desired, and such examination shall be limited to discovery of the facts relevant to the points so stated, unless the court, or the presiding judge thereof, on motion and one day's notice, shall, before the examination is begun, by order further limit the subjects to which such examination shall extend; but such examination shall not

preclude the right to another examination after issue joined upon all the issues in the cause, and the party examining shall in all cases be allowed to examine upon all interrogatories. Such examination shall not be compelled in any other county than that in which the party to be examined resides; Provided, That whenever plaintiff or defendant is a nonresident of the state, his deposition may be taken, under the provisions of this section, in the county in which the action is pending, if he can be personally served with notice and subpoena in such county. In any examination under the provisions of this section, the judge or commissioner before whom the same is had, shall have power and authority to compel the party examined to answer all questions relevant to the issues involved, and shall upon the application of the attorney-general compel the production by the party examined of all books, papers and records relevant and pertinent to the issues, and may enforce such orders, and the production of such books, papers and records, by contempt proceedings.

§ 7. If any defendant, or his agent, lawfully required to appear and testify, as provided in this act, either within or without the state, shall neglect or refuse to do so, he may be punished as for contempt, and the pleading of such defendant may, in the discretion of the court, be stricken out, and judgment given against him according to the prayer of the complaint of the state.

§ 8. The word "person" or "persons," wherever used in this act, shall be deemed to include corporations, partnerships, individuals and associations existing under or authorized by the laws of the United States, the laws of any of the territories, the laws of this or any other state, or the laws of any foreign country.

§ 9. This act shall not be construed to affect, or in any manner refer to or interfere with labor unions, or any other associations of laborers organized for the purpose of pre moting the welfare of labor, nor shall it interfere with or suppress associations or organizations intended to legitimately promote the interests of trade, commerce or manufacturing in this state.

§ 10. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 11. This act shall take effect and be in force from and after its passage and publication.

Approved April 17, 1893.

LAWS OF 1897, CHAP. 356.

AN ACT to prevent the combinations of fire insurance companies. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows,

§ 1. No fire, fire and marine, or marine and inland insurance company or association, its agent or representatives doing business in this state, shall, either directly or indirectly, enter into any contract, agreement, combination or compact with any other such company or companies or its or their agents or representatives for the purpose of establishing and maintaining a fixed schedule or schedule of rates; Provided, however, That in cities and villages it shall be lawful for the local board of underwriters incorporated under the statutes of this state, and in case of the non-existence of such local board therein, then and in that event it shall be lawful for an association of the local agents in such city or village, to, from time to time, establish and maintain rates therein, and for them and such companies represented by them to enter into any lawful contract or agreement to so establish and maintain rates so made; Provided, however, That all such schedules of rates shall at all reasonable times be open to the inspection of the assured. It is hereby made the duty of the commissioner of insurance of this state to enforce compliance to the provisions of this section, and it shall be his duty to revoke the license of each and every such insurance company violating the provisions of this section and to report such violation to the attorney-general of the state for prosecution, and each and every such company violating the provisions of this section shall be subject to a penalty of five hundred ($500) dollars for each and every violation of the same.

§ 2. This act shall take effect and be in force from and after its passage and publication.

Approved April 27, 1897.

LAWS OF 1897, CHAP. 357.

AN ACT to prevent corporations organized under the laws of this state from entering into any combination, conspiracy, trust, agreement or contract, intended to operate in restraint of any lawful trade or commerce carried on in this state.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

§ 1. Corporations organized under the laws of this state are prohibited from entering into any combination, conspiracy, trust, pool, agreement or contract, intended to restrain

or prevent competition in the supply or price of any article or commodity in general use in this state, or constituting a subject of trade or commerce therein, or to control the price of any such article or commodity, to regulate or fix the price thereof, to limit or fix the amount or quantity thereof to be manufactured, mined, produced or sold in this state, or to fix any standard or figure by which its price to the public shall be in any manner controlled or established.

§ 2. Whenever the attorney-general of this state shall be notified, or shall have reason to believe that any corporation organized under the laws of this state has violated any provision of section 1, of this act, it shall be his duty forthwith to address to any such corporation, or to any director or officer thereof, such inquiries as he may deem necessary, for the purpose of determining whether or not such corporation has violated any provision of section 1, of this act, and it shall be the duty of such corporation, director or officer thereof, so addressed, to promptly and fully answer in writing, under oath, such inquiries, and in case such corporation, or director or officer thereof, shall fail or neglect so to do within sixty days from the receipt of such inquiries, unless such time is extended in writing by the attorney-general, it shall be the duty of the attorney-general to proceed against such corporation as hereinafter provided.

§ 3. In case of the forfeiture or neglect of any corporation organized under the laws of this state, or of any director or officer of such corporation, to answer such inquiries as herein before provided, such failure or neglect is hereby declared to be a forfeiture of the charter of such corporation, and it is hereby made the duty of the attorneygeneral, on leave granted by the supreme court of this state, upon cause shown, to bring an action for the purpose of vacating the charter and annulling the existence of such corporation.

§ 4. No person shall be excused from answering any of the inquiries herein provided for, nor excused from attending and testifying, nor from producing any books, papers, contracts, agreements or documents, in obedience to a subpoena issued by any lawful authority in any case or proceeding, based upon or growing out of any alleged violation of any of the provisions of this chapter, or of any law of this state in regard to trusts, monopolies or illegal combi

nations, on the ground of or for the reason that the answer, testimony, evidence, documentary or otherwise, required of him, may tend to criminate him, or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may answer, testify or produce evidence, documentary or otherwise, in obedience to any request under this chapter, or any subpoena, or either of them, in any case or proceeding, except that the charter of any corporation may be vacated and its corporate existence annulled, as herein before provided; and except further, that no person testifying in any case or proceeding aforesaid, shall be exempt from prosecution and punishment for perjury committed in so testifying.

§ 5. This act shall take effect and be in force from and after its passage and publication.

Approved April 27, 1897.

COMMON-LAW DECISIONS.

National Distilling Co. v. Cream City Importing Co.

86 Wis., 352. Statement.

August, 1893.

Defendant bought goods of plaintiff, who brings this suit to recover the price. Defendant pleads that plaintiff is a member of a combination formed to control all the liquors manufactured in the United States, and that the price of the purchased goods was affected by such combination; that, therefore, the contract for the purchase of the goods was void and plaintiff has no cause of action.

Opinion.

Assuming the plea to be true it is no defense, for the contract between plaintiff and defendant was perfectly legal and in no way in restraint of trade. Any contract between plaintiff and a trust combination is only collateral to the contract between plaintiff and defendant and could not affect its validity.

Plaintiff can recover.