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or corporation doing business within the state of Kansas that shall conspire or combine with any other persons, firm or corporation within or without the state for the purpose of monopolizing any line of business, or shall conspire or combine for the purpose of preventing the producer of grain, seeds or live stock or hay, or the local buyer thereof, from shipping or marketing the same without the agency of any third person, firm or corporation, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not less than one thousand dollars and not to exceed five thousand dollars for each offense.

§ 3. Any person who shall, as agent or employee of any person, firm or corporation, enter into an agreement, expressed or implied, by which it is stipulated that grain, seeds or hay shall not be shipped by the producer or local buyer unless accompanied with warehouse receipts, or that the same shall in any manner be under the control of any warehouseman or agent as a condition precedent to the marketing of said grain, all such agreements shall be deemed, and are hereby declared, unlawful, and in restraint of trade, and the person entering into such agreement or combination shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than one thousand dollars and not more than five thousand dollars, or by imprisonment in the county jail not less than ninety days and not to exceed one year, or by both such fine and imprisonment, at the discretion of the court.

§ 4. The several district courts and the supreme court of the state of Kansas are hereby vested with jurisdiction to prevent and restrain violators of this act, and it shall be the duty of the attorney-general to enforce the provisions of this act, and such proceedings may be instituted by petition, setting forth the cause of complaint, praying relief, verifying said petition by affidavit, and the court shall grant temporary restraining orders enjoining or prohibiting such violation till the final hearing of the case; said restraining order shall be granted without bond.

5. Any person, firm or corporation that shall be injured in business or property by any other person, firm or corporation by reason of anything declared unlawful or in restraint of trade by this act shall have a right of action against the person, firm or corporation violating the provi

sions of this act for threefold damages, including costs and reasonable attorney's fees.

§ 6. This act shall take effect and be in force from and and after its publication in the official state paper.

Approved March 4, 1899.

Published in official state paper April 4, 1899.

CASE CONSTRUING STATUTE.

The State of Kansas v. Wm. C. Phipps et al.

50 Kans., 609. Statute construed.

January, 1893.

The Kansas anti-trust law of 1889, provides that a combination to control the cost of insurance shall be illegal, and that any person connected with it, either on his own account or as agent, shall be guilty of a misdemeanor.

Statement.

Defendants were agents of a combination of insurance companies to keep up the premiums on insurance. Being arrested, they claimed that, inasmuch as the companies they represented were out of the state, they were engaged in interstate commerce and were, therefore, not governed by state laws.

Opinion.

Held that insurance is not interstate commerce when conducted within the state by companies organized without the state.

Defendants were each fined $100 and costs.

252A-8

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

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