11412. Clerk of board-Duties-Salary.

It shall be the duty of the state printing board immediately after the passage and approval of this act, and at the reorganization of the board every biennial year thereafter, to appoint an expert, who shall be a thorough and practical printer, and who shall attend to the preparing of all schedules and contracts, examine all bids and furnishings, and to perform any other detail work relating to stationery, supplies and printing as the board may direct. The salary of said expert shall be $1,000.00 per annum, and shall receive his pay the same as other employes.

History. Salary made absolute, 1905, H. R. 314; in force April 1.

Secs. 11413a to 11413c. An act to require the state printing board of the state of Nebraska to distribute the reports of state officers, heads of departments, and state societies which are required by law to be printed. Bresee's bill for distribution of reports. 1905, S. F. 269; in force April 4.

11413a. Printing board send out reports of state officers.

It shall be the duty of the State Printing Board of this State, immediately upon the delivery to it of the reports of the state officers, heads of departments and state societies which are now required by law to be printed, or which may hereafter be required by law to be printed, to send by freight to each county clerk in the State of Nebraska, such a number of said reports as in the judg ment of said State Printing Board may be necessary to meet the demand for said reports in the several counties to which they may be sent. Provided, That the aggregate number of each report so herein ordered distributed shall not exceed three fourths of the total number of reports printed. History.-Laws 1905, S. F. 269, sec. 1; in force April 4.

11413b. How distribute official reports.

It shall be the duty of the State Printing Board to forthwith distribute the reports of the state officers, heads of departments and state societies now on hand, as nearly as may be in accordance with the manner provided in section i hereof.

History.--Laws 1905, S. F. 269, sec. 2; in force April 4.

11413c. County clerk distribute official reports.

It shall be the duty of each county clerk, upon receiving said reports mentioned in section I hereof, to distribute the same to such residents of his county as may request one or more of said reports.

History.-Laws 1905, S. F. 269, sec. 3; in force April 4.

Sec. 11422. An act to relieve persons from paying for newspapers, magazines, or other publications in certain cases. Bartoo's bill to protect citizens from imposition by publishers. 1905, H. R. 359; in force July 1.

11422. Need not pay for paper not subscribed for.

That no person in this state shall be compelled to pay for any newspaper, magazine or other publication which shall be mailed or sent to him without his

having subscribed for, or ordered, the same, or which shall be mailed or sent to him after the time of his subscription or order therefor has expired, notwithstanding that he may have received the same. History-Laws 1905, H. R. 359, sec. 1; in force July 1.

11463

3. Liability of telephone companies for negligence in the construction of its apparatus. 52 C. L. J. 449.

4. A taxpayer of a city can not maintain a suit to prevent the city from granting a franchise to a telephone company unless the franchise constitutes such a wrongful squandering or surrendering of the money or property of the city that taxation will be increased thereby. Clark v. Interstate Tel. Co., Neb.; 101 N. W. R. 977.

11465

1. Rights of abutting owners as against telephone and telegraph companies. Paper by G. C. Hamilton, 52 C. L. J. 205.

11468

7. A conversation over a telephone may be admitted in evidence in a criminal trial. Lillie v. State, Neb. ; 100 N. W. R. 316.

11500

11. Denying non-union employers the right to hire labor. 57 C. L. J. 128.

12. Power of the state to operate coal mines and conscript men for that purpose when necessary to avert a public calamity. 57 C. L. J. 25.

13. Can the giving of trading stamps be prohibited by statute? 57 C. L. J. 421. 11510

4. An action for conspiracy allowed under this section is an action in tort, and does not arise from the unlawful taking or detention of or injury to property within the meaning of the bankruptcy act. Cleland v. Anderson, Neb.; 98 N. W. R. 1075.

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Secs. 11529 to 11549a. An act to protect trade and commerce against unlawful restraints and monopolies and to prohibit the giving or receiving of rebates on the transportation of property, and to provide a penalty for the violation thereof. Junkin's antirebate bill. 1905, H. R. 110; in force July 1.

11529. All contracts and combination illegal.

That every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce, within this state, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

History.-Laws 1905, H. R. 110, sec. 1; in force July 1.

11530. Monopolizing trade or business-Penalty.

That every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce, within this state, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

History.-Laws 1905, H. R. 110, sec. 2; in force July 1.

11531. Property owned by combination forfeited.

That any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof), mentioned in the foregoing sections of this act, shall be forfeited to the state. History.-Laws 1905, H. R. 110, sec. 3; in force July 1.

11532. How business corporation organized-Reports.

That from and after the 30th day of June, in the year 1906, no corporation, joint stock, company, or other association, whose stockholders are not personally liable for their debts, Except corporations incorporated under the laws of the State of Nebraska, and common carriers and corporations owning or using property exclusively in connection with the business of transportation and corporations engaged in furnishing additional accommodation to passengers as such while being carried by such carriers, shall engage in business within this state, or continue to carry on such business, unless it shall comply with the following conditions: It shall file a statement in the office of the attorney general of this state, signed and sworn to by its president, its treasurer, its general manager, and a majority of the directors, or by persons exercising the powers usually exercised by such officers and directors of such corporations, joint stock companies, and other associations, on or before the 15th day of September, in the year 1906, and shall on or before the 15th day of September in each year thereafter file a like statement for the year ending with the 30th day of June in said year, respectively, showing: (a) The amount of its capital stock. (b) The market value of the same. (c) How much of the same has been paid in full in cash; or, if the same has not been paid in full in cash, what has been received by the said corporation, joint stock company, or other association, in lieu thereof, and the value of whatever shall have been so received by it. (d) The names of all the officers and directors of such corporation joint stock company, or other association, and all agents entrusted with the general management of its affairs. (e) The amount it has paid in dividends during said period, the rate of percentage of such dividends, and times of paying the same. (f) A statement of all the stock owned by it of any other corporations, joint stock company, or other association, specifying the corporation, joint stock company, or other association, and the number of and value of shares in each; the amount of its own stock held by other corporations, joint stock companies or other associations, and the value thereof; and the amount of stock in other corporations, joint stock companies, or other associations held in trust for it or in which it has any interest, directly or indirectly, absolute or conditional, legal or equitable, specifying the corporations, joint stock companies, or other associations. (g) It shall also on or before the 30th day of June, in the year 1906, file in the office of the attorney general of this state, an undertaking signed by said officers, general managers, and directors, that they will comply with the provisions of this and all other laws of this state in the management of the affairs of said corporation, joint companies, or other associations; and that they accept the provisions and lia

bilities of this act, and the obligations by it imposed, so long as they shall continue to hold or exercise said office or authority, and shall thereafter within ten days of their entering upon the duties of their offices, file a like undertaking signed by every officer, general manager and director thereof elected or appointed to such office or employment. This statement shall be in addition to all statements now or hereafter required by law, or by any other public authority in this state. History-Laws 1905, H. R. 110, sec. 4; in force July 1.

11533. Attorney general require report.

The attorney general of this state may at any time require of any corporation, joint stock company, or other association so engaged any statement he may think fit in regard to the conduct of its business. And he may especially require any such corporation, joint stock company, or other association, to give a list of all contracts or transactions entered into within the twelve months preceding such requisition, in which it has sold any article or product, or carried any article or product within this state at a rate less than the ordinary market price, if such article or product had been sold or carried by any other person than the party to such transaction. And he may further require the reasons for such distinction and the circumstances attending the same.

History.-Laws 1905, H. R. 110, sec. 5; in force July 1.

11534. Prices to be uniform and fair.

That every person, corporation, joint stock company, or other association engaged in business within this state, who shall enter into any contract, combination or conspiracy, or who shall give any direction or authority to do any act, for the purpose of drawing out of business any other person engaged therein, or who for such purpose shall in the course of such business sell any article or product at less than its fair market value, or at a less price than it is accustomed to demand or receive therefor in any other place under like conditions; or who sell any article upon a condition, contract or understanding that it shall not be sold again by the purchaser, or restrain such sale by the purchaser, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. History.-Laws 1905, H. R. 110, sec. 6; in force July 1.

11535. Non-resident corporation not control domestic corporation.

That no corporation, joint stock company, or other association, shall engage in business within this state, a majority of whose stock is owned by or controlled or held in trust for any manufacturing or other corporation, which, in the course of its manufacture or production, conducts its business, or any part thereof, in a manner which would be prohibited by this act, if it were so conducted in the course of such business within this state.

History.-Laws 1905, H. R. 110, sec. 7; in force July 1.

11536. Books and papers of corporation subject to inspection.

That all the books of record and papers of every such corporation, joint stock company, or other association, engaged in business within this state, shall be subject to inspection by the attorney general of this state, or by any agent he may designate for that purpose, and such corporation joint stock company, or other association shall, at such times as he shall prescribe, make such further returns, verified as aforesaid, as shall be by him prescribed either by general regulations or by special direction.

History-Laws 1905, H. R. 110, sec. 8; in force July 1.

11537. Penalty for officer of corporation violating this act:

That any president, director, treasurer, officer, corporator, copartner, associate, or agent of such corporation, joint stock company, or other association, who shall in its behalf do anything by this act prohibited to such corporation, joint stock company, or other association, or who shall support, vote for, aid and abet, or take part in doing such action by said corporation, joint stock company, or other association, or any instrumentality thereof, shall be liable to the penalties by this act provided.

History.-Laws 1905, H. R. 110, sec. 9; in force July 1.

11538. Corporations violating act prohibited from doing business

That no corporation, joint stock company, or other association, after the 30th day of June, 1906, which shall manufacture or produce any article, for sale or transportation within this state, which shall do any of the acts or things prohibited to be done by this act, shall engage in business within this state. History-Laws 1905, H. R. 110, sec. 10; in force July 1.

11539. Penalty for second violation of act by corporation.

That any corporation, joint stock company, or other association that shall have been twice adjudged to have violated the provisions of this act by the final judgment of any court having jurisdiction of the question, in any civil suit or proceeding in which said corporation, joint stock company, or other association shall have been a party, who shall thereafter violate this act, or who shall fail to make the returns herein required at the times specified, shall no longer be allowed to engage in business within this state: Provided, That such prohibition shall only be enforced after such corporation, joint stock company, or other association shall have been enjoined against further engaging in such business, on an information or suit brought in a court of competent jurisdiction, by the attorney general in behalf of this state. It shall be the duty of the attorney general in such case, unless he shall be satisfied that such corporation, joint stock company, or other association has desisted and abstained and will in future desist and abstain from such violation, to enforce the provision by proceeding either by information or by indictment, as he may in his discretion think best. Any corporation, joint stock company, or other association which shall be charged with violating this act, and any president, director, treasurer, officer, or agent thereof, may be joined as a party in any proceeding, civil or criminal, to enforce this act. If, in the judgment of the attorney general, such corporation joint. stock company, or other association against which any civil proceeding may be instituted be one on which the public is so depending that the interruption of its business will cause serious public less or inconvenience, he may, in his discretion, refrain from proceeding to obtain a decree which will absolutely prevent the continuance of such business, and may apply for a limited or conditional decree, or one to take effect at a future day, as the public interests shall seem to require. And if, in the judgment of the court before whom such proceeding may be pending, the interruption of the business of the defendant corporation, joint stock company, or other association, will cause such serious public loss or inconvenience, the court may decline to enter an absolute decree enjoining it against proceeding with its business, and may enter a modified or conditional decree, or such decree to take effect at a future time, as justice shall require. The court may also, in its discretion, enjoin such officers or agents or servants of such corporation, joint stock company, or other association from continuing in its service, and enjoin any such corporation, joint stock company, or other