MASSACHUSETTS.

RESOLUTION.

ACTS AND RESOLUTIONS OF 1892, PAGE 589.

RESOLUTION against the monopoly of mining and transporting of anthracite coal.

Resolved, That, whereas a combination has been formed which has secured a substantial monopoly of mining and transporting anthracite coal, so that our people for this necessity, essential to their life and prosperity, are placed at the mercy of a few individuals who have already indicated their purpose by a large and unusual increase in the price of fuel, we therefore request our Senators and Representatives in Congress to make all reasonable efforts to secure the passage of laws effectually to prevent such combinations, destroy such monopolies and put the supply of fuel as nearly as may be beyond the reach of private speculation. The Secretary of the Commonwealth is requested to transmit forthwith a copy of this resolution to each of the Senators and Representatives.

COMMON-LAW DECISION.

Gloucester Isinglass and Glue Co. v. Russia Cement Co. 154 Mass., 92.

Statement.

June 25, 1891.

Plaintiff and defendant were competing manufacturers of fish glue, made of fish-skins, which are valuable for no other purpose. Plaintiff and defendant were the only manufacturers of this article. They made a contract whereby they should not compete with each other in the purchase of fish-skins, but agreed that they should pay a certain price for them and that each one should have his part, no matter under whose contract they were purchased. The glue was to be sold by both at the same price. After several years the defendant made contracts with nearly all the producers

of fish-skins for their purchase until the year 1900. Then he refused to give plaintiff his share, saying that the contract was illegal, it being in restraint of trade. Plaintiff brings a bill in equity for specific performance of the contract.

Opinion.

Fish glue is not a necessary of life, and the skins to be purchased under the contract were worthless for anything besides glue. The contract was not against public policy. Even a court of equity will enforce it.

Defendant must specifically carry out the contract.

MICHIGAN.

CONSTITUTIONAL PROVISION.

ARTICLE XIX-A.

§ 2. No railroad corporation shall consolidate its stock, property, or franchises, with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given at least sixty days to all stockholders, in such manner as shall be provided by law.

[Adopted, 1870.]

STATUTES.

LAWS OF 1889, ACT 225.

AN ACT declaring certain contracts, agreements, understandings, and combinations unlawful, and to provide punishment for those who shall enter into the same or do any act in performance thereof.

§ 1. That all contracts, agreements, understandings and combinations made, entered into, or knowingly assented to, by and between any parties capable of making a contract or agreement which would be valid at law or in equity, the purpose or object or intent of which shall be to limit, control, or in any manner to restrict or regulate the amount of production or the quantity of any article or commodity to be raised or produced by mining, manufacture, agriculture or any other branch of business or labor, or to enhance, control or regulate the market price thereof, or in any manner to prevent or restrict free competition in the production or sale of any such article or commodity, shall be utterly illegal and void, and every such contract, agreement, understanding and combination shall constitute a criminal conspiracy. And every person who, for himself personally, or as a member or in the name of a partnership, or as a member, agent, or officer of a corporation or of any association for business purposes of any kind, who shall enter into or knowingly consent to any

such void and illegal contract, agreement, understanding or combination, shall be deemed a party to such conspiracy. And all parties so offending shall, on conviction thereof, be punished by fine of not less than fifty dollars, nor more than three hundred dollars, or by imprisonment in the county jail not more than six months or by both such fine and imprisonment, at the discretion of the court. And the prosecution for offenses under this section may be instituted and the trial had in any county where any of the conspirators became parties to such conspiracy, or in which any of the conspirators shall reside. Provided, however, That this section shall in no manner invalidate or affect contracts for what is known and recognized at common law and in equity as contracts for the "Good will of a Trade or Business;" but that such contracts shall be left to stand upon the same terms and within the same limitations recognized at common law and in equity.

§ 2. Every contract, agreement, understanding, and combination declared void and illegal by the first section of this act shall be equally void and illegal within this state, whether made and entered into within or without this state.

§ 3. The carrying into effect, in whole or in part, of any such illegal contract, agreement, understanding or combination as mentioned in the first section of this act and every act which shall be done for that purpose by any of the parties or through their agency or the agency of any one of them, shall constitute a misdemeanor, and on conviction the offenders shall be punished by imprisonment in the state prison not more than one year, or in the county jail not more than six months, or by fine not less than one hundred nor more than five hundred dollars, or by both such fine and imprisonment in the discretion of the court.

§ 4. Any corporation now or hereafter organized under the laws of this state, which shall enter into any contract, agreement, understanding or combination declared illegal and criminal by the first section of this act, or shall do any act towards or for the purpose of carrying the same into effect in whole or in part, and who shall not within thirty days from the time when this act shall take effect, withdraw its assent thereto and repudiate the same and file in the office of the secretary of state such refusal and repudiation under its corporate seal, shall forfeit its charter and all its rights and franchises thereunder.

§ 5. It shall be the duty of the attorney-general upon his own relation, or upon the relation of any private person, whenever he shall have good reasons to believe that the same can be established by proofs, to file an information in the nature of a quo warranto against any corporation offending against any of the provisions of this act; and thereupon the same proceedings shall be had as provided by chapter 298 of Howell's Annotated Statutes, relating to proceedings of information in the nature of quo warranto, against corporations offending against any of the provisions of the act or acts creating, altering or renewing such corporations, and in other

cases.

§ 6. The provisions of this act shall not apply to agricultural products or live stock while in the hands of the producer or raiser, nor to the services of laborers or artisans who are formed into societies or organizations for the benefit and protection of their members.

§ 7. It shall be the duty of the secretary of state to cause this act to be published for four successive weeks in some daily paper in each of the cities of Lansing, Detroit, Grand Rapids and Marquette, commencing within ten days after this act shall take effect, and he shall also within the same time cause to be mailed to the corporations, whose articles of association are on file in his office, a printed copy of this act, with a notice calling special attention thereto.

Approved July 1, 1889.

LAWS OF 1899, ACT 49.

AN ACT to prevent trusts, monopolies and combinations of capital, skill or arts, to create or carry out restriction in trade or commerce; to limit or reduce the production, or increase or reduce the price, of merchandise or any commodity; to prevent competition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity; to fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption. The People of the State of Michigan enact;

§ 1. That a trust is a combination of capital, skill or arts by two or more persons, firms, partnerships, corporations or associations of persons, or of any two or more of them, for either, any or all of the following purposes:

1. To create or carry out restrictions in trade or commerce; 252A- -9