association from continuing their employment therein, as the case shall seem to require. History.-Laws 1905, H. R. 110, sec. 11; in force July 1. 11540. Additional penalty for violation of act. That any corporation, joint stock company, or other association, and any president, director, treasurer, officer, corporator, copartner, associate, or agent thereof, who shall in its behalf, after the 30th day of June, in the year 1906, engage in such business in violation of this act, shall for each offense, in addition to such penalty for contempt, as the court in case of disobedience to its lawful order may impose, 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. 12; in force July 1. 11541. Violation of act makes officers personally responsible. That every president, treasurer, general manager, agent or other person usually exercising the powers of such officers of any corporation, joint stock company, or other association, who has himself, in its behalf violated, united to violate, or voted for or consented to the violation of any of the provisions of this act, shall thereafter be personally liable for all the debts and obligations of any such corporation, joint stock company, or other association, created while such person holds such office or agency, whether under the same or subsequent elections or appointments. History-Laws 1905, H. R. 110, sec. 13; in force July 1. 11542. Rebates and concessions unlawful. That it shall be unlawful for any person or persons to offer, grant, or give, or to solicit, accept, or receive, any rebate, concession, or service in respect of the transportation of any property within this state by any common carrier, whereby any such property shall, by any device whatever, be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by law or charged others for like service. Every person who shall offer, grant, or give or solicit, accept or receive any such rebate, concession, or service Shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than five thousand dollars History.-Laws 1905, H. R. 110, sec. 14; in force July 1. 11543. Special price in limited district prohibited. That if any joint stock company, corporation, or combination or any agent thercof, shall solicit, accept, or receive any such rebate, concession, or service as is hereinabove declared to be unlawful, it shall be unlawful thereafter to transport within this state any article owned or controlled by such company, corporation, or combination, or produced or manufactured by it, by whomsoever the same may be owned or controlled. If any such joint stock company, corporation, or combination, shall offer, grant, or give any special prices, inducements, or advantages for the sale of articles produced, manufactured, owned, or controlled by it to purchasers in any particular locality in order to restrict or destroy competition in that locality in the sale of such articles, it shall be unlawful thereafter to transport within this state any article owned or controlled by it, or produced or manufactured by it, by whomsoever the same may be owned or controlled. Provided, however, That the prohibition imposed under this section shall not apply to any article purchased bona fide before decree made in pursuance hereof against the joint stock company, corporation, or combination producing, manu 460 SUPPLEMENT TO VOL. II. [§ 11547 facturing, or theretofore owning or controlling the same; and provided further, That even after decree any such article may be relieved from the prohibition imposed under this section, if the owner thereof shall show to the satisfaction of the court having jurisdiction of the matter. hereinafter provided, that such article was purchased bona fide, without. e, and within thirty days. after the entry of such decree. Any transportation company, and any officer, agent, or representative thereof, knowingly concerned in the transportation of articles within this state, contrary to the prohibitions of this section, shall be punished by a fine of not less than five thousand dollars. History.-Laws 1905, H. R. 110, sec. 15; in force July 1. 11544. Courts prevent violation of this act. That the several courts of record of this state having equity jurisdiction are hereby invested with jurisdiction to prevent and restrain all violations of this act, and especially the offering, granting, giving, soliciting, accepting, or receiving any such rebate, concession, or service by any person or persons; and to prevent or restrain any such joint stock company, corporation, or combination, who shall have solicited, accepted, or received any such rebate, concession, or service, or who shall have offered, granted, or given any special prices, inducements, or advantages in order to restrict or destroy competition in particular localities from engaging in commerce within this state. Such proceedings may be by way of petition setting forth the cause of action and praying that the acts hereby made unlawful shall be enjoined or otherwise prohibited. When the parties complained of shall be duly notified of such petition, the court shall proceed as soon as may be to the hearing and determination of the case, and upon such petition and before final decree the court may at any time make such temporary restraining order or prohibition as shal! be deemed just. The court. may retain jurisdiction of the cause after the decree, for the purpose of such subsequent modification of the same as may be made to appear equitable and just in the premises. History.-Laws 1905, H. R. 110, sec. 16; in force July 1 11545. Court issues subpoena anywhere in the state. That whenever it shall appear to the court before which any civil proceedings under this act shall be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be summoned, whether they reside in the county where the court is held or not, and subpoenas to that end may be served in any county by the sheriff thereof. History.-Laws 1905, H. R. 110, sec. 17; in force July 1. 11546. Person injured sue in any court or any county. That any person who shall be injured in his business or property by any other person or persons by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any court of record in this state, in the county in which the defendant or defendants reside or are found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained and the costs of suit, including a reasonable attorney's fee. History-Laws 1905, H. R. 110, sec. 18; in force July 1. 11547. Word "person" defined. That the word "person" or "persons" as used in sections, one, three and five, of this act, shall be deemed to include all corporations, associations, combinations or concerns whatsoever. History-Laws 1905, H. R. 110, sec. 19; in force July 1. 11548. Suits under this act have right of way. That any suit in equity brought in any court of this state under this act, wherein the state is complainant, the attorney general may file with the clerk. of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to the judge of the court in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing. at the earliest practicable day. An appeal from the final decree of the court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof. History.-Laws 1905, H. R. 110, sec. 20; in force July 1. 11549. No witness excused from testifying under this act. That, in all prosecutions, hearings, and proceedings under ne provisions of this act, whether civil or criminal, no person shall be excused from attending and testifying, or from producing books, papers, contracts, agreements, and documents before the courts of this state, or in obedience to the subpoena of the same, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. Any person who shall neglect or refuse to make returns, attend. and testify or answer any lawful requirement hereinbefore provided for, or produce books, papers, contracts, agreements, and documents, if in his custody, control, or power to do so, in obedience to the subpoenas of the courts or lawful requirements of the attorney general, shall be deemed guilty of a misdemeanor and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars. That whoever knowingly swears to a return or report required by this act that is false in any material particular, or knowingly swears to an answer to any of the requirements of this act, that is false in any material particular, shall be deemed guilty of perjury and punished as provided by the laws of this state in reference to perjury. Whoever shall knowingly prepare, or cause to be prepared, a report, return or answer required by this act that is false, as aforesaid, shall be guilty of subornation of perjury and punished as provided by law. History.--Laws 1905, H. R. 110, sec. 21; in force July 1. 11549a. Special attorneys and funds for enforcing this act. That there is hereby appropriated out of any money in the treasury not otherwise appropriated, to be expended under the direction of the governor and attorney general of this state, the sum of Ten Thousand dollars for the enforcement of the provisions of this act in the employment of special counsel and agents by the governor and attorney general to conduct proceedings, suits and prosecution. under this act, in the courts of this state. It is hereby made the duty of the attorney general and the county attorney of the State under the direction of the Attorney general to institute and prosecute such proceedings as may be necessary to carry into effect all of the provisions of this act. Provided, That no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under this act: Provided further, That no person testifying shall be exempt from prosecution or punishment for perjury committed in so testifying, History.-Laws 1905, H. R. 110, sec. 22; in force July 1. Secs. 11549b to 11549f. An act regulating the selling and using of premium stamps, commonly called trading stamps, cash discount stamps, ticket, or rebate check, ticket, coupon, or other similar device, and to provide a penalty for any violation of this act. Gibson's trading stamp bill. 1905, S. F. 171; in force July 1. 11549b. Trading stamp show on face redeemable value. No person shall sell or issue any stamp, trading stamp, cash discount stamp, check, ticket, coupon or other similar device, which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive, either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, unless each of said stamps, trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices shall have legibly printed or written upon the face thereof the redeemable value thereof in cents. History.-Laws 1905, S. F. 171, sec. 1; in force July 1. 11549c. Trading stamps must be redeemed in money or goods at option of holder. Any person who shall sell or issue to any person engaged in any trade, business or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device, which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, shall, upon presentation, redeem the same either in goods, wares or merchandise, or in cash, good and lawful money of the United States, at the option of the holder thereof, and any number of such stamps, trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face thereof, and it shall not be necessary for the holder thereof to have any stipulated number of the same before demand for redemption may be made, but they shall be redeemed in any number, when presented, at the value in cents printed upon the face thereof, as hereinbefore provided. History.-Laws 1905, S. F. 171, sec. 2; in force July 1. 11549d. Must be redeemed in any number presented. Any person, firm or corporation who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall be fined not less than $100.00 nor more than $1000.00, for each offense. History.-Laws 1905, S. F. 171, sec. 3; in force July 1. 11549e. Penalty for violation of act. Any person engaged in any trade, business or profession who shall distribute, deliver or present to any person dealing with him, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon or other similar device, which will entitle the holder thereof on presentation thereof, either singly or in definite number, to receive, either directly from the person issuing or selling same, as set forth in Section 2 hereof, or indirectly through any other person, shall, upon the refusal or failure of the said person issuing or selling same to redeem the same, as set forth in Section 2 hereof, be liable to the holder thereof for the face value thereof, and shall upon presentation redeem the same, either in goods, wares or merchandise, or in cash, good and lawful money of the United States of America, at the option of the holder thereof, and in such case any number of such stamps, trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face thereof, and it shall not be necessary for the holder thereof to have any stipulated number of the same before demand for redemption may be made, but they shall be redeemed in any number, when presented, at the value in cents printed upon the face thereof, as hereinbefore provided. History.-Laws 1905, S. F. 171, sec. 4; in force July 1. 11549f. This act not apply to ticket or coupons on manufactured goods. This act shall not apply to tickets, coupons or other vouchers placed by any merchant or manufacturer in or upon packages or goods sold or manufactured by him, if such tickets, coupons or other vouchers are issued by such merchant or manufacturer in his own name, to be redeemed by him. History.-Laws 1905, S. F. 171, sec. 5; in force July 1. 11556. Soldiers relief commission. The County Board in each County of this State shall on the second Tuesday in January, 1890, appoint three persons who are residents of such County, ai least two of whom shall be honorably discharged Union Soldiers, one to serve three years, one to serve two years, and one to serve one year from date of appointment and each year thereafter one person to serve for three years, such persons so appointed when organized by the selection of one of their number as Chairman and one as Secretary, shall be designated and known as "Soldiers Relief Commission." The members of said Commission shall qualify by taking the usual oath of office and shall each give bond in the sum of five hundred Dollars ($500) for the faithful performance of their duty. *And shall receive such compensation for their service as the County Board shall allow them not exceeding in any case an amount equal to more than five per cent of the moneys distributed by the commissioner in his respective district. Such allowance to be paid out of the County General Fund.* In the event of a vacancy in said Commission occurring from any cause, the County Board shall fill the vacancy for the unexpired term. History. *to* inserted, 1905, H. R. 82; in force February 23. 11557 4. Members of the commission may receive from the county the amount of money necessarily expended by them in the per formance of their duties, but are not allowed compensation for services. They are public officers. Opinions Atty. Genl. 1902-3, 203. 11559. Duties of county board to bury indigent veteran. It shall be the duty of the Board of County Commissioners, or Board of Supervisors in counties under township organization of this state to designate some suitable person in each precinct or township, whose duty it shall be to cause to be decently interred, the body of any person who has been honorably discharged from any arm of the military or naval service of the United States, who has served during times of war, who may hereafter die not leaving sufficient means to defray funeral expenses. Such burials should not be made in any cemetery or burial grounds used exclusively for the burial of pauper dead; Provided, the expenses of such burial shall not exceed the sum of Sixty Dollars; and Provided further, that in case that surviving relatives of the deceased shall desire to conduct the funeral, and are unable to pay the charges therefor, they shall be permitted so to do and the expenses shall be paid as herein provided. History. Amended 1905, H. R. 61; in force July 1. |