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.

LAWS OF 1897, CHAP. 141.

UNLAWFUL IN CERTAIN CASES.

AN ACT to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations made with a view to lessen, or which tend to lessen, free competition in the importation or sale of articles imported into this state, or in the manufacture or sale of articles of domestic growth or of domestic raw material, to declare unlawful and void all arrangements, contracts, agreements, trusts or combinations between persons or corporations designed or which tend to advance, reduce or control the price of such product or article to producer or consumer of any such product or article; to provide for forfeiture of the charter and franchise of any corporation, organized under the laws of this state, violating any of the provisions of this act; to prohibit every foreign corporation violating any of the provisions of this act from doing business in this state; to require the attorney-general of this state to institute legal proceedings against any such corporations violating the provisions of this act; and to enforce the penalties prescribed; to prescribe penalties for any violation of this act; to authorize any person or corporation damaged by any such trust, agreement or combination, to sue for the recovery of such damage, and for other purposes.

Be it enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Trusts and combinations unlawful in certain cases.―That all arrangements, contracts, agreements, trusts or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in the importation or sale of articles imported into this state, or in the manufacture or sale of articles of domestic growth, or of domestic raw material, and all arrangements, contracts, agreements, trusts or combinations between persons or corporations designed, or which tend to advance, reduce or control the price or the cost to the producer or to the consumer of any such product or articles are hereby declared to be against public policy, unlawful and void.

§ 2. Forfeit charter.-That any corporation chartered under the laws of this state, which shall violate any of the provisions of this act, shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and determine. Every foreign corporation which shall violate any of the provisions of this act, is hereby denied the right to do, and is prohibited from doing business in this state. It is hereby made the duty of the attorney-general of this state to enforce this provision by due process of law.