witness to be reduced to writing and signed and sworn to before him, such sworn statement shall be delivered to the attorney-general, his assistants, or the district or county attorney, upon whose application the witness was summoned. Should the witness summoned as aforesaid fail to appear, or to make statements of the facts within his knowledge, under oath, or to sign the same after it has been reduced to writing, he shall be guilty of contempt of court, and may be fined not exceeding one hundred dollars, and may be attached and imprisoned in the county jail until he shall make a full statement of all the facts within his knowledge with reference to the matter inquired about. Any person who shall testify before any county judge, or justice of the peace, as provided for in this act, or who shall testify as a witness for the state in the course of any statutory proceedings to secure testimony for the enforcement of this act, or in the course of any judicial proceeding to enforce the provisions of this act, shall not be subject to indictment or prosecution for any transaction, matter, or thing concerning which he shall so give evidence, documentary or otherwise.

SEC. 16. All actions authorized and brought under this act shall have precedence, on motion of the prosecuting attorney or the attorney-general, of all other business, civil and criminal, except criminal cases where the defendants are in jail.

SEC. 17. That all laws and parts of laws in conflict with this act be and the same are hereby repealed, and that Title CVIII of the Revised Civil Statutes of the State of Texas of 1895, and Arts. 5313, 5314, 5315, 5316, 5317, 5318, 5319, 5320, 5321, and 5321a thereof, be and the same are hereby expressly repealed; and that Arts. 976,977,978,979,980,981, 982, 983, 984, 985, 986, 987, 988, 988a, 988b, 988c, 988d, of c. 7, in Title XVIII, of the Penal Code of the State of Texas of 1895, be and the same are hereby expressly repealed; and

that an act entitled "An act to define trusts, provide for penalties and punishment of corporations, persons, firms, and associations of persons connected with them, and promote free competition in the State of Texas, and to repeal all laws and parts of laws in conflict with this act," approved April 30, 1895, and known and published as c. 83 of the General Laws of the Twenty-fourth Legislature, be and the same is hereby expressly repealed; and that an act entitled "An act to prohibit pools, trusts, monopolies, and conspiracies to control business and prices of articles, to prevent the formation or operation of pools, trusts, monopolies and combinations of charters of corporations that violate the terms of this act, and to authorize the institution and prosecution of suits therefor," approved May 25, 1899, and published and known as Chapter CXLVI of the General Laws of the Twenty-sixth Legislature, be and the same are hereby expressly repealed; and that an act entitled "An act to amend Art. 5318, Title 108, of the Revised Civil Statutes of the State of Texas, prescribing penalties against trusts and conspiracies against trade," approved June 5, 1899, and known as Chapter CLXXII of the General Laws of the Twentysixth Legislature, be and the same is hereby expressly repealed; provided nothing in this act shall be held or construed to affect or destroy any rights of the State of Texas to recover penalties or forfeit charters of domestic corporations, or prohibit foreign corporations from doing business in this state, for acts committed before this act takes effect.

SEC. 18.* If any person shall enter into an agreement or understanding of any character to form a trust, or to form a monopoly or to form a conspiracy in restraint of trade as these offences are defined by Chapter XCIV of the Acts of

*This Act from Section 18 to the end has been slightly edited to avoid the duplicate Section numbering and repetition of content, given in the law as printed both in the Federal compilation of State Anti-Trust Laws and in the General Laws as published by the Texas Legislature.

the Twenty-eighth Legislature, or shall form a trust, monopoly, or conspiracy in restraint of trade, or shall be a party to the formation of a trust, or monopoly, or conspiracy in restraint of trade, or shall become a party to a trust, or monopoly, or conspiracy in restraint of trade, or shall do any act in furtherance of, or aid to, such trust or monopoly or conspiracy in restraint of trade, he shall be punished by imprisonment in the penitentiary for a period of not less than two years, nor more than ten years. If any person shall, as a member, agent, employee, officer, director, or stockholder of any business, firm, corporation, or association of persons, form, in violation of the provisions of Chapter XCIV of the Acts of the Twenty-eighth Legislature, or shall operate in violation of the provisions of this act any such business, firm, corporation, or association formed in violation of Chapter XCIV of the Acts of the Twenty-eighth Legislature, or shall make any sale, or purchase, or any other contract, or do business for such business, firm, corporation or association, or shall do any other act which has the effect of violating or aiding in the violation of the provisions of Chapter XCIV of the Acts of the Twenty-eighth Legislature, or shall with the intent or purpose of driving out competition or for the purpose of financially injuring competitors sell within this state at less than cost of manufacture or production or sell in such a way or give away within this state products for the purpose of driving out competition or financially injuring competitors engaged in a similar business, or give secret rebates on such purchase for the purpose aforesaid, he shall be punished by confinement in the penitentiary for a period of not less than two years nor more than ten

years.

If any person shall outside of this state do anything which, if done within this state, would constitute the formation of a trust or monopoly or conspiracy in the restraint of trade as

defined by Chapter XCIV, p. 119, of the Acts of the Twentyeighth Legislature, and shall cause or permit the trust or monopoly so formed by him to do business within this state, or shall cause or permit such trust, monopoly, or conspiracy in restraint of trade to have any operation or effect within this state, or if such trust, monopoly, or conspiracy in restraint of trade having been formed outside of said state, any person shall give effect to such trust, monopoly, or conspiracy in this state, or he shall do anything to help or aid it doing business in this state, or otherwise violate the anti-trust laws of this state, or if any person shall buy or sell or otherwise make contracts for or aid any business, firm, corporation, or association of persons, formed or operated in violation of the provisions of Chapter XCIV, p. 119, of the Acts of the Twenty-eighth Legislature, or so formed or operated as would be in violation of the laws of this state if it had been formed within this state, shall be punished by confinement in the penitentiary for a period of not less than two years nor more than ten years.

If any person or employee or employees, or agent or agents, stockholder or stockholders, officer or officers of any person, firm, association of persons or corporation now doing business in this state, who have formed a trust as defined in Chapter XCIV, p. 119, of the Acts of the Twenty-eighth Legislature, or formed a monopoly as defined in Chapter XCIV, p. 119, of the Acts of the Twenty-eighth Legislature, or has formed a conspiracy in restraint of trade, as defined in Chapter XCIV, p. 119, of the Acts of the Twenty-eighth Legislature, or shall do or perform any act of any character to carry out such trust, monopoly, or conspiracy in restraint of trade, such person, employee or employees, agent or agents, stockholder or stockholders, officer or officers shall be punished by confinement in the penitentiary for not less than two years nor more than ten years.

SEC. 19. Criminal prosecutions under this act may be conducted in Travis County, Texas, or in any county in this state wherein a trust, monopoly, or conspiracy in restraint of trade is being carried on, a recovery or prosecution against any person for any violation of this act shall not bar a prosecution of or recovery against any other person or persons for the same offence.

SEC. 20. Prosecutions under this act may be instituted and prosecuted by any county or district attorney of this state, and when any such prosecutions have been instituted by any county or district attorney, such officer shall forthwith notify the attorney-general of such fact, and it is hereby made the duty of the attorney-general, when he shall receive such notice, to join such officer in such prosecution and do all in his power to secure the enforcement of this

act.

SEC. 21. For every conviction obtained under the provision of this act, the state shall pay to the county or district attorney in such prosecution the sum of $250, and if both the county and district attorney shall serve together in such prosecutions, such fee shall be divided between them as follows: $100 to the county attorney and $150 to the district attorney.

SEC. 22. That this act shall not repeal, modify, or in any manner affect said Chapter XCIV, p. 119, of the Acts of the Twenty-eighth Legislature, or any section or provisions thereof, and this act is and is intended to be cumulative of said Chapter XCIV of the Acts of the Twenty-eighth Legislature of Texas.

(G. L. of 1903, 28th Legislature, Chapter XCIV, p. 119, as amended by G. L. of 1907, amending Sec. 13, p. 194; Secs. 15, 221; Secs. 18, 19, 20 and 21 added by G. L. of 1907, p. 322, and as amended by G. L. of 1907, p. 456; G. L. of 1909, p. 281.)