NEBRASKA.

STATUTES.

LAWS OF 1897, CHAP. 79.

AN ACT to define trusts and conspiracies against trade and business, declaring the same unlawful and void, and providing means for the suppression of the same, and remedies for persons injured thereby, and to provide punishment for violations of this act, and to repeal chapter ninety-one a (91a), entitled "Trusts," of the Compiled Statutes of Nebraska for the year 1895.

Be it enacted by the Legislature of the State of Nebraska: § 1. That a trust is a combination of capital, skill or acts by any person or persons to fix the price of any article or commodity of trade, use or merchandise, with the intent to prevent others from conducting or carrying on the same business or selling or trafficking in the same article, use or merchandise, or a combination of capital, skill or acts by two or more persons or by two or more of them for either, any or all of the following purposes: 1. To create or carry out restrictions in trade. 2. To limit or reduce the production or increase or reduce the price of merchandise or commodities. 3. To prevent competition in insurance, either life, fire, accident or any other kind, or in manufacture, making, constructing, transportation, sale or purchase of merchandise, produce or commodities. 4. To fix at any standard or figure, whereby its price to the public shall be in any manner controlled or established upon any article of merchandise, produce or manufacture of any kind intended for sale, use or consumption in this state; to establish any pretended agency whereby the sale of any such article, commodity, merchandise or product shall be covered up, concealed or made to appear to be for the original vendor, for a like purpose or purposes, and to enable such original vendor, producer or manufacturer to control the wholesale or retail price of any such article of merchandise, produce or commodity after the title to the same shall have passed from such vendor or manufacturer.

5. To

make or enter into, carry on or carry out any contract, obligation or agreement of any kind or description by which they shall bind, or have heretofore bound themselves not to sell, dispose of, traffic in or transport any article of merchandise, or commodity, or article of trade, product, use, merchandise, consumption or commerce, below a common standard figure, card or list price, or by which they shall agree in any manner to keep the price of such article, product, commodity or transportation, at a fixed or graduated figure or price, or by which they shall in any manner establish or settle the price of any article of merchandise, commodity, or of insurance, fire, life or accident, or transportation between them or between themselves and others, or with the intent to preclude, or the tendency of which is to prevent or preclude a free and unrestricted competition among themselves or others or the people generally in the production, sale, traffic or transportation of any such article of merchandise, product or commodity or conducting a like business or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale, production or transportation of any such article of merchandise, product or commodity or the carrying on of any such business, that its price might in any manner be affected thereby.

§ 2. That any and all acts by any person or persons, carrying on, creating, or attempting to create, either directly or indirectly, a trust as defined in section one (1) of this act, are hereby declared to be a conspiracy against trade and business and unlawful, and any person who may be or may become engaged in any such conspiracy, or take part therein, or aid or advise, in its commission, or who shall as principal, manager, director, agent, servant or employe, or in any other capacity knowingly aid or advise, or attempt to carry out, or carry out any of the stipulations, purposes, prices, rates, orders thereunder, or in pursuance thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars, nor more than five thousand dollars.

§ 3. That any corporation organized under the laws of this state which violates any of the provisions of this act shall thereby forfeit its charter and franchise, and its corporate existence shall thereupon cease and determine. And for a violation of any of the provisions of this act by any

corporation it shall be the duty of the attorney-general of the state, or county attorney, within his county upon his own motion, to institute suit or quo warranto proceedings in any county in this state in which such corporation was organized or is engaged in transacting business for the forfeiture of its charter rights and franchise and the dissolution of its corporate existence. There shall be taxed against the defendant as part of the cost in any such suit or proceedings, upon the forfeiture of its charter and franchise as provided herein, a fee for the services rendered by the county attorney a sum not less than one hundred dollars ($100.00), and not more than five hundred dollars ($500.00), to be fixed by the court rendering the judgment.

§ 4. Every foreign corporation or person not a resident of this state, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business within this state; and it shall be the duty of the attorney-general and each county attorney within his county, to enforce this provision by injunction, or other proper proceedings, in any county in which such foreign corporation or nonresident person does business, in the name of the state on his relation. And for services rendered by the county attorney, in any such suit or proceedings, the court rendering judgment shall allow a reasonable sum to be taxed against the defendant as part of the costs, in case judgment is rendered against the defendant. For the purpose of obtaining service upon any foreign corporation or non-resident person in any suit or proceedings brought as provided in this act, it shall be sufficient to serve a summons upon any person in any county within the state who may be the agent of said foreign corporation or non-resident person, for the purpose of soliciting business or transacting or doing business for said corporation or non-resident person, at the time when summons is issued upon petition filed against said corporation, or non-resident person, or when summons is served on such agent.

§ 5. In any indictment or information for any offense named in this act it shall be sufficient to state the purposes and effects of the trust or combination in a general way, and that the accused was a member of, aided or advised, or acted with or in pursuance of such trust or combination, without giving its name or description, or how, where or when it was created.

§ 6. In prosecutions under this act it shall be sufficient to prove that a trust or combination, as defined herein or under the common law, exists, and that the defendant belonged to it or acted for or in connection with it, or aided or advised such trust or combination, or attempted to, or did fully carry out any of the stipulations, purposes, prices, rates or orders of any person connected therewith, and it shall not be necessary to make any proof of all the members belonging to such trust, combination or conspiracy, or to prove or produce any article of agreement or any written instrument on which it may have been based, or when, where or how such trust, combination or conspiracy was formed, or that it was evidenced by any written instrument, or came into existence by any agreement of any kind or character, whether in parol or writing.

§ 7. Prosecutions may be brought by any person in the name of the state of Nebraska against any person or persons violating any of the provisions of this act, and it shall be the duty of all county attorneys in their respective counties, to prosecute all criminal suits on behalf of the state arising under the provisions of this act, and there shall be taxed by the court upon conviction of the defendant or defendants, a fee for the county attorney of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) as services for trying said suit, and same shall be taxed as part of the costs against the defendant or defendants.

§8. That any contract or agreement in violation of the provisions of this act shall be absolutely void and not enforceable either in law or equity.

§ 9. Nothing herein contained shall be construed to prevent any assemblies or associations of laboring men from passing and adopting such regulations as they may think proper, in reference to wages and the compensation of labor, and such assemblies and associations shall retain, and there is hereby reserved to them all the rights and privileges now accorded to them by law, anything herein contained to the contrary notwithstanding.

§ 10. Any purchaser of any article, commodity, matter or thing purchased or contracted for within or without this state from any person, firm, corporation or association of persons, or of two or more of them, transacting business contrary to any provision of the preceding sections of this act, shall not be liable for the price or payment of such article, commodity,

matter or thing, and may plead this act as a defense to any suit for such price or payment.

§ 11. Any person who shall be injured in his business, employment or property by any other person, firm, association or corporation by reason of anything forbidden or declared to be unlawful by this act, may have his right of action and sue therefor in any court of competent jurisdiction, and he shall recover the damages by him sustained, and the costs of suit together with a reasonable attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.

§ 12. In any action brought under any of the provisions of this act the court before whom the same shall be pending may compel any person or persons, partnership, company, association or corporation so proceeded against, or any of the members of any such partnership or corporation, or any director, officer, receiver, trustee, agent, employe or clerk of them, or either of them, to attend, appear and testify in such suit or proceeding, and may compel the production of the books and papers of any such person, persons, partnership, company, association or corporation party to any such proceeding.

No person shall be excused from attending and testifying, or producing books and papers, in any prosecution under this act, for the reason that the testimony, 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 subject 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 prosecution under the provisions of this act: Provided, That no person so testifying shall be exempt from prosecution for perjury committed in so testifying.

§ 13. That the word "person" or "persons" wherever used in this act shall be deemed to include firm, firms, corporation, corporations, partnerships, copartnerships and associations existing under, permitted or authorized by the laws of the United States, this state or any other state, or the laws of any foreign country or territory of the United States.

§ 14. That chapter ninety-one a (91a), entitled "Trusts," of the Compiled Statutes of Nebraska for the year 1895, be and the same is hereby repealed.