or any other person or association of persons, to regulate or fix the price of any article of merchandise or commodity, or shall enter into, become a member of or a party to, any pool, agreement, contract, combination or confederation to fix or limit the amount or quantity of any article, commodity or merchandise to be manufactured, mined, produced or sold in this state shall be deemed and adjudged guilty of a conspiracy to defraud, and be subject to penalties as provided in this act. § 2. It shall not be lawful for any corporation to issue or to own trust certificates, or for any corporation, agent, officer or employee, or the directors or stockholders of any corporation to enter into any combination, contract or agreement with any person or persons, corporation or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement shall be to place the management or control of such combination or combinations, or the manufactured product thereof in the hands of any trustee or trustees, with the intent to limit or fix the price or lessen the production and sale of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article: Provided, That nothing herein contained shall - affect the present investments of charitable or educational institutions.

§ 3. Any corporation or company, individual, firm or association violating any of the provisions of this act shall forfeit one hundred dollars for each day it shall continue to do so, to be recovered by an action in the name of the state, at the relation of the solicitor, moneys thus recovered to go into the revenue fund of the county in which the cause

accrues.

§ 4. Any contract or agreement in violation of any provision of the preceding sections of this act shall be absolutely void.

§ 5. Any corporation created or organized by or under the laws of this state, which shall violate any provision of the preceding sections of this act shall thereby forfeit its corporate rights and franchises, and its corporate existence shall, upon proper proof being made thereof in any court of competent jurisdiction in this state, be by the court declared forfeited, void and of non-effect, and shall thereupon cease

and determine; and it shall be the duty of the clerk of said court to certify the decree thereof to the secretary of state, who shall take notice and be governed thereby as to the corporate papers of said corporation.

§ 6. This act shall not apply to agricultural products while in the hands of the producer, nor to the lumber interests of the state, neither shall it prevent cotton or woolen mills from regulating the amount of their output or selling the same through an agent.

§ 7. 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 and that the accused was a member of, acted with or in pursuance of it, without giving its name or description or how or where it was created.

§ 8. In proceedings under this act it shall be sufficient to prove that a trust or combination as herein defined exists and that the defendant belonged to it or acted for or in connection with it, without proving all members belonging to it or producing or proving any articles of agreement or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all, and a preponderance of evidence shall be sufficient to authorize a verdict and judgment for the state.

§ 9. In all suits instituted under this act to forfeit charters or corporations, where a judgment of forfeiture is obtained and the cause is not appealed to the supreme court, the superior court rendering such judgment shall allow the solicitor or prosecuting attorney prosecuting the suit a fee of not less than one hundred dollars nor more than five hundred dollars, to be paid out of the assets of said corporation: Provided, That in case such cause is appealed to the supreme court and the payment of forfeiture affirmed, the attorneygeneral shall be entitled to one-half of the fee so allowed by the superior court for his services in prosecuting said cause in the appellate court.

§ 10. That this act shall not apply to any wholesale or retail merchant or jobber doing business in this state who is not a party to or interested in a trust nor the agent of a trust, nor shall it apply to any fishing, trucking or canning industry in this state, nor to any persons, firms or corporation engaged therein. But no person or firm shall be deemed to

be the agent of a trust because of the sale of trust manufactured goods or products when the said person or firm buys said goods or products and sells the same as his or its own property.

§ 11. That all laws in conflict with the provisions of this act are hereby repealed.

§ 12. That this act shall be in force from and after its ratification.

Ratified the 8th day of March, A. D. 1899.

NORTH DAKOTA.

CONSTITUTIONAL PROVISION.

ARTICLE 7·

§ 146. Any combination between individuals, corporations, associations or either, having for its object or effect the controlling of the price of any product of the soil or any article of manufacture or commerce, or the cost of exchange or transportation, is prohibited and hereby declared unlawful and against public policy; and any and all franchises heretofore granted or extended, or that may hereafter be granted or extended in this state, whenever the owner or owners thereof violate this article shall be deemed annulled and become void. [Adopted, Oct. 1, 1889.]

STATUTES.

REVISED CODES, CHAP. 51.

TRUSTS, POOLS AND COMBINATIONS REGARDING GRAIN AND STOCK.

§ 7480. Combinations among dealers in produce.— Every person who is a dealer in, or buyer of grain, hogs, cattle or stock, of any kind, and who enters into any contract, agreement, understanding or combination with any other person, not his partner, who is a like dealer or buyer, either:

1. For the pooling of the price of grain, hogs, cattle or stock, of any kind, between himself and such other person, or others; or,

2. For the division between them of the aggregate or net proceeds of the earnings or profits of such dealers or buyers or any portion thereof; or,

3. For fixing or establishing the price which such dealers or buyers shall pay or offer for grain, hogs, cattle or stock of any kind,

Is guilty of a misdemeanor.

§ 7481. Combinations to fix prices.-Every person who creates, enters into or becomes a member of or party to any pool, trust, combination or confederation, or makes or enters into any contract, agreement or understanding therefor, with another person, either:

1. To limit or fix the price of any commodity, article or merchandise; or,

2. To limit or fix the amount or quantity of any commodity, article or merchandise to be manufactured, mined, produced or sold in this state,

Is guilty of misdemeanor.

§ 7482. Punishment.-Every corporation whether organized under the laws of this or any other state or country, and doing business in this state, and every partnership or association of individuals so doing business, which shall violate any of the provisions of the last two sections, is guilty of a misdemeanor, and upon conviction thereof, is punishable by a fine of not less than one and not exceeding twenty per centum of the capital stock of such corporation or of the amount invested in such company, firm or association.

§ 7483. Violations by corporate officers.-Every person who, as president, manager, director, stockholder, receiver or agent, or other person of any corporation, on behalf of such corporation as is mentioned in the last section, or as a member of any partnership or association of individuals, violates any of the provisions of this chapter, is guilty of a misde

meanor.

§ 4784. No privilege from testifying.-No person not a defendant on trial shall be excused or claim any immunity from testifying, or producing his records, contracts, books or papers, or the records, contracts books or papers in his possession or under his control belonging to any other person, partnership, corporation or association, upon the trial of a prosecution for the violation of any of the provisions of this chapter, but such testimony or evidence shall not be used against the person so testifying or producing records, contracts, books or papers upon a prosecution for violating any of the provisions of this chapter.

Adopted in 1890.