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securities, and obligations of other companies or corporations as may be necessary or convenient for any or all the purposes of said company." As soon as plaintiff corporation was formed it purchased the property of the members of the National Lead Trust and paid therefor in its stocks.

From plaintiff's St. Louis branch, defendant purchased lead to the value of $1,791.23. For this plaintiff sued, and was met by the defense that plaintiff corporation was a combination in restraint of trade within the meaning of sections 1 and 2 of the Missouri trust act of 1891; and this being so, by section 5 of said act, defendant is not liable for the price of the goods. In the lower court evidence as to the organization of the National Lead Company was excluded as immaterial; and an appeal was taken to this court.

Opinion.

"If nation

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* the preceding trust was an unlawful combiit must follow that the plaintiff corporation is equally amenable" to the trust acts, "if, as the record shows the fact to be, it actually engaged through the same methods and for identical objects in a similar business to that of the former trust, unless there is something in the mere fact of the plaintiff's corporate character which exempts it from the application of the law prohibiting combinations * to restrain trade. ** The legislature referred to the corporation in its true essence as an association of perHence it must follow that if the stockholders and governing officers of the plaintiff corporation combined with each other to violate any of the provisions of the section under review through the instrumentality of their corporate entity, then the corporation composed by them was a party to such illegal combination. A combination which is illegal under the anti-trust law, can not be operated under the cloak of a corporation by its constituent members or governing bodies."

sons.

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New trial granted.

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State ex rel. Crow, Attorney-General v. Firemen's Fund Insurance Co. et al.

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premium to be paid for insuring property

shall be * * * guilty of a misdemeanor." The act provides that a corporation violating the law shall forfeit its right to do business in the state; that proof that an agent in the state of a foreign corporation has violated the act shall be prima facie proof that the company has; that the prosecuting attorney shall receive from $25 to $500 for his services. (L. 1891, p. 186 and amendments.)

Statement.

Defendants are 73 insurance companies whose agents formed a club and hired a secretary to whom all the policies were sent. They were by him examined, and, unless the premiums were according to W. J. Fetter's book of rates, they were returned; and unless they were then changed to correspond with the rate book certain penalties were inflicted by the club. Proceedings were instituted to forfeit the right of these companies to do business in the state on the ground that they had violated the trust law. Opinion.

The arrangement constituted a combination to fix rates within the meaning of the trust law. The parts of the trust law involved in the decision of this case are constitutional. Whether the sections of the law making guilt of agents prima facie proof of the guilt of the companies, and whether in these cases the attorney shall receive an extra fee, are constitutional, is not discussed, for these sections are not invoked in this case. If they were unconstitutional, the result would be the same.

The 73 defendant insurance companies are ousted of all rights, privileges and franchises conferred by the laws of Missouri, and of their certificates to do business under the insurance laws of the state, and compelled to pay the costs of this proceeding.

252A-11

ΜΟΝΤΑΝΑ.

CONSTITUTIONAL PROVISION.

ARTICLE XV.

§ 20. No incorporation, stock company, person or association of persons in the state of Montana, shall directly, or indirectly, combine or form what is known as a trust, or make any contract with any person, or persons, corporations, or stock company, foreign or domestic, through their stockholders, trustees, or in any manner whatever, for the purpose of fixing the price, or regulating the production of any article of commerce, or of the product of the soil, for consumption by the people. The legislative assembly shall pass laws for the enforcement thereof by adequate penalties to the extent, if necessary for that purpose, of the forfeiture of their property and franchises, and in case of foreign corporations prohibiting them from carrying on business in the state. [Adopted, August 17, 1889.] ·

STATUTE.

PENAL CODE.

CONSPIRACY.

§ 321. Every person, corporation, stock company or association of persons in this state who directly or indirectly, combine or form what is known as a trust, or make any contract with any person or persons, corporations or stock companies, foreign or domestic, through their stockholders, directors, officers, or in any manner whatever, for the purpose of fixing the price or regulating the production of any article of commerce, or the product of the soil for consumption by the people, or to create or carry out any restriction in trade, to limit productions, or increase or reduce the price of merchandise or commodities, or to prevent competition in merchandise or commodities, or to fix a standard or figure whereby the price of any article of merchandise, commerce or produce,

intended for sale, use or consumption, will be in any way controlled, or to create a monopoly of the manufacture, sale or transportation of any such article, or to enter into an obligation by which they shall bind others or themselves not to manufacture, sell, or transport any such article below a common standard or figure, or by which they agree to keep such article or transportation at a fixed or graduated figure, or by which they settle the price of such article so as to preclude unrestricted competition, is punishable by imprisonment in the state prison not exceeding five years, or by fine not exceeding ten thousand dollars, or both. Every corporation violating the provisions of this section, forfeits to the state all its property and franchises, and in case of a foreign corporation it is prohibited from carrying on business in the state.

§ 325. The provisions of this chapter do not apply to any arrangement, agreement or combination between laborers made with the object of lessening the number of hours of labor or increasing wages, nor to persons engaged in horticulture or agriculture, with a view of enhancing the price of their products.

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.

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