KENTUCKY.

CONSTITUTIONAL PROVISION.

§ 198. It shall be the duty of the General Assembly from time to time, as necessity may require, to enact such laws as may be necessary to prevent all trusts, pools, combinations or other organizations, from combining to depreciate below its real value any article, or to enhance the cost of any article above its real value.

[Adopted, September 28, 1891.]

STATUTE.

KENTUCKY STATUTES, CHAP. 101.

POOLS-TRUSTS-CONSPIRACIES.

§ 3915. Defined and prohibited.—That if any corporation under the laws of Kentucky, or under the laws of any other state or country, for transacting or conducting any kind of business in this state, or any partnership, company, firm or individual, or other association of persons, shall create, establish, organize or enter into, or become a member of, or a party to, or in any way interested in any pool, trust, combine, agreement, confederation or understanding with any other corporation, partnership, individual or person, or association of persons, for the purpose of regulating or controlling or fixing the price of any merchandise, manufactured articles or property of any kind, or shall enter into, become a member of, or party to, or in any way interested in any pool, agreement, contract, understanding, combination or confederation, having for its object the fixing, or in any way limiting the amount or quantity of any article of property, commodity or merchandise to be produced or manufactured, mined, bought or sold, shall be deemed guilty of the crime of conspiracy, and punished therefor as provided in the subsequent sections of this act."

§ 3916. Trust certificates; when sale of unlawful.—It shall not be lawful for any corporation to issue or to own, have or sell any trust certificates or stocks, or for any corporation's agent, officer or employe, agent or director, or

any corporation to enter into, either verbally or in writing, any combination, contract, agreement or understanding with any person or persons, corporation or corporations, or with any director, agent or officer thereof, the purpose or effect of which combination, contract, agreement or understanding would be to place the management, control or any part of the business of such combination or association, of the manufactured product thereof, in the hands or under the control, in the whole or in part, of any trustee or trustees, or agents, or any person whatever, with the intent, or to have the effect to limit, fix, establish or change the price of the production or sale of any article of property or of commerce, or to prevent, restrict, or in any way diminish the manufacture or output of any such article or property.

§ 3917. Penalties imposed on corporations and officers.-If any corporation, company, firm, partnership or person, or association of persons, shall, by court of competent jurisdiction, be found guilty of any violation of any of the provisions of this act, such guilty party shall be punished by a fine of not less than five hundred dollars, and not more than five thousand dollars. Any president, manager, director or other officer or agent, or receiver of any corporation, company, firm, partnership or any corporation, company, firm or association, or member of any corporation, firm or association, or any member of any company, firm or other association, or any individual found, by a court of competent jurisdiction, guilty of any violation of this act shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or may be imprisoned in the county jail not less than six months nor more than twelve months, or may be both so fined and imprisoned in the discretion of the court or jury trying the case.

§ 3918. Contract in violation of law void.—Any contract or agreement or understanding in violation of the provisions of the preceding sections of this act shall be null and void; and any purchasers of property or article, or of any commodity, from any individual, firm, company or corporation transacting business contrary to the preceding sections of this act, shall not be liable for the price or payment of such article or commodity or property, and may plead and rely on this act as a complete defense to any suit for such price or payment.

§ 3919. Charter of corporation forfeited upon conviction.-If any corporation created or organized by or under the laws of this state shall be indicted and convicted for any violation of any of the provisions of this act, such indictment, trial and conviction in any court of competent jurisdiction shall have the effect to forfeit the charter of such corporation without any further proceedings on the subject of the forfeiture of its charter; but any corporation whose charter is so forfeited shall have the right of appeal as is provided in other cases, and the filing of the bond as is required by law shall suspend the judgment of forfeiture until same is passed upon by the court to which the case is appealed.

§ 3920. Judges to charge grand jury concerning.-It shall be the duty of the circuit judges, and other judges of similar jurisdiction in this state, to give the provisions of this act in charge to the grand juries at each term of their courts.

§ 3921. Appeals; how regulated. The provisions of the code of practice regulating appeals in other cases shall apply to appeals under this act.

[Passed May 20, 1890.]

CASE CONSTRUING STATUTE..

41 S. W. Rep., 301. Statement.

Brewster v. Miller et al.

June 4, 1897.

Defendants are undertakers, members of the "Funeral Directors' Association" of Louisville. Said association fixes certain prices in the business, and provides that no member shall be employed by, or sell articles to, any person owing a member of the association. Plaintiff wished defendants to bury his wife. Claiming that plaintiff owed a member, they all refused. Plaintiff sues for damages. Opinion.

This being a civil suit, the court refuses to say whether or not defendants would be liable in a criminal action.

One has no right of action against a merchant who refuses to sell him goods, therefore defendants were justified in refusing to contract with plaintiff.

Damages refused.

89 Ky., 375. Statement.

COMMON-LAW DECISION.

Anderson v. Jett, etc.

December 12, 1889.

Defendant and plaintiff owned two boats which were rivals in trade. To avoid competition an agreement was entered into that the net income from the boats should be divided between the owners; and that if one should go out of business he should give the other notice and should not engage in the business again within a year. Defendant did go out of business and has now within a year commenced again. Plaintiff brings suit on the contract.

Opinion.

Competition is the life of trade, and a contract in restraint of trade, regardless of its actual result, is against public policy and is void.

Plaintiff cannot recover.

LOUISIANA.

STATUTES.

LAWS OF 1890, ACT 86.

AN ACT to protect trade and commerce against unlawful restraints and monopolies and to provide penalties for the violation of this act.

§ 1. Be it enacted by the General Assembly of the State of Louisiana, That every contract, combination in the form of trust, or conspiracy, in restraint of trade or commerce or to fix or limit the amount or quantity of any article, commodity or merchandise to be manufactured, mined, produced or sold in this State is hereby declared illegal.

§ 2. Be it further enacted, etc., That 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 a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both of said punishments, in the discretion of the court.

§ 3. Be it further enacted, etc., 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 the limits of 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. § 4. Be it further enacted, etc., That this act shall take effect from and after its passage and promulgation. Approved July 5, 1890.

LAWS OF 1892, ACT 90.

AN ACT to prevent trusts or combinations intended to restrain trade or to control the market value of merchandise, produce or commodities and to provide for penalties and punishment of persons, corporations, firms and associations of persons connected with them, and to promote free competition in the state of Louisiana.

§ 1. Be it enacted by the General Assembly of the state of Louisiana; That after the passage of this act it shall