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TRUSTS AND COMBINES.

STATUTES AS TO.
LAW IN GENERAL.

Statute prohibiting-(Crim. Code, Chap. 38, par. 269a.)

§ 1. If any corporation organized under the laws of this or any other State or country, for transacting or conducting any kind of business in this State, or any partnership or individual or other association of persons whosoever, shall create, enter into, become a member of or a party to any pool, trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual 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, such corporation, partnership or individual or other association of persons shall be deemed and adjudged guilty of a conspiracy to defraud, and to be subject to indictment and punishment, as provided in this act.*

269b. Agreement to place combination in hands of trustee unlawful.) § 2. It shall not be lawful for any corporation to issue or to own trust certificates, or for any corporation, agent, officer or employes, 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

* AN ACT to provide for the punishment of persons, copartnerships or corporations forming pools, trusts and combines, and mode of procedure, and rules of evidence in such cases. (Approved June 11, 1891. In force July 1, 1891. L. 1891, p. 206; Legal News Ed., p. 78.) The amendment to section 1 approved June 10, 1897, in force July 1, 1897, held unconstitutional. People v. Butler St. Foundry, 201 Ill. 236.

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.

269c. Corporation violating act—Penalty.) § 3. If a corporation or a company, firm or association shall be found guilty of a violation of this act, it shall be punished by a fine in any sum not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), for the first offense ; and for the second offense not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000); and for the third offense not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000); and for every subsequent offense and conviction thereof shall be liable to a fine of fifteen thousand dollars ($15,000): Provided, That in all cases under this act either party shall have the right of trial by jury.

269d. Officers, individuals, etc., violating act—Penalty.) § 4. Any president, manager, director or other officer or agent or receiver of any corporation, company, firm or association, or any member of any company, firm or association, or any individual, found guilty of a violation of the first section of this act, may be punished by a fine of not less than two hundred dollars ($200) nor to exceed one thousand dollars ($1,000), or be punished by confinement in the county jail not to exceed one year, or both, in the discretion of the court before which such conviction may be had.

269e. Agreement in violation of act void.) § 5. Any contract or agreement in violation of any provision of the preceding sections of this act shall be absolutely void.

269f. Purchaser in violation of act not liable for price.) § 6. Any purchaser of any article or commodity from any individual, company or corporation transacting business contrary to any provision of the preceding sections of this act shall not be liable for the price or payment of such article or commodity, and may plead this act as a defense to any suit for such price or payment.

269g. Fines — Verdict — Finding - Evidence.) 87. The fines hereinbefore provided for may be recovered in an action of debt, in the name of the People of the State of Illinois. If, upon the trial of any cause instituted under this act to recover the penalties as provided for in section three, the jury

shall find for the people, and that the defendant has been before convicted of a violation of the provisions of this act, they shall return such finding with their verdict, stating the number of times they find defendant so convicted, and shall assess and return with their verdict the amount of the fine to be imposed upon the defendant in accordance with said section three: Provided, That in all cases under the provisions of this act, a preponderance of evidence in favor of the people shall be sufficient to authorize a verdict and judgment for the people.

269h. Secretary to inquire whether corporation has any interest in trust-AffidavitPenalty.) § 7a. It shall be the duty of the Secretary of State, on or about the first day of September of each year, to address to the president, secretary or treasurer of each incorporated company doing business in this State, whose postoffice address is known or may be ascertained, a letter of inquiry as to whether the said corporation has all or any part of the business or interest in or with any trust, combination or association of persons or stockholders, as named in the preceding provisions of this act, and to require an answer, under oath, of the president, secretary or treasurer, or any director of said company, a form of affidavit shall be enclosed in said letter of inquiry, as follows:

}

Affidavit.
State of Illinois

SS.
County of
I,

do solemnly swear that I am the

(president, secretary, treasurer or director) of the corporation known and styled

duly incorporated under the laws of ....

on the .... day of ....

18.., and now transacting or conducting business in the State of Illinois, and that I am duly authorized to represent said corporation in the making of this affidavit; and I do further solemnly swear that the said

known and styled as aforesaid, has not since the

of

(naming the day upon which this act takes effect) created, entered into or become a member of or a party to, and was not, on the .....

day of nor at any day since that date, and is not now, a member of or a party to any pool, trust, agreement, combination, confederation or understanding with any corporation, partnership, individual or any other person or association of persons, to regulate or fix the price of any article

of merchandise or commodity, and that it has not entered into or become a member of or a party to any pool, trust, 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; and that it has not issued and does not own any trust certificates, and for any corporation, agent, officer, or employe, or for the directors or stockholders of any corporation, has not entered into, and is not now in 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 said combination, contract or agreement would 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 sales of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of such article.

(President, Secretary, Treasurer or Director.) Subscribed and sworn to before me, a

within and for the County of

this

day of 19.. (SEAL)

And on refusal to make oath to said inquiry or on failure to do so within thirty days from the mailing thereof, the Secretary of State shall certify that fact to the AttorneyGeneral, whose duy it shall be to direct the State's Attorney of the County wherein such corporation or corporations are located, and it is hereby made the duty of the State's Attorney, under the direction of the Attorney-General, at the earliest practical moment, in the name of the People of the State of Illinois, and at the relation of the Attorney-General, to proceed against such corporation for the recovery of a penalty of fifty dollars for each day after such refusal to make oath, or failure to make said oath within the thirty days from the mailing of said notice, or the Attorney-General may, by any proper proceedings in a court of law or chancery, proceed upon such failure or refusal, to forfeit such charter of such incorporated company or association incorporated under the general laws, or by any special law of this State and to revoke the rights of any foreign corporation located herein to do business in

this State: Provided, however, That before any such suit or prosecution as contemplated by this act shall be instituted against any person, persons, copartnerships or corporations failing to file such affidavit within said thirty days from the mailing of such notice from the Secretary of State, as foresaid, it shall be the duty of the State's Attorney of the County where such person, copartnership or corporation is located, to give such person, copartnership or corporation ten days' notice in writing of the intention to institute suit or proceeding : And provided, further, That if such person, copartnership or corporation shall then within such period of ten days make and file such affidavit in the office of the Secretary of State, no penalty shall attach and no suit or proceeding shall be instituted against such person, copartnership or corporation. (As amended by act approved May 25, 1907. In force July 1, 1907; L. 1907, p. 216.

269i. Secretary to demand affidavit from corporation.) § 7b. It shall be the duty of the Secretary of State, at any time, upon satisfactory evidence that any company or association of persons, duly incorporated under the laws of this or any other State, doing business in this State, has entered into any trust, combination or association in violation of the preceding sections of this act, to demand that it shall make the affidavit, as above set forth in this act, as to the conduct of its business. In case of failure of compliance on the part of the corporation, then the same procedure shall ensue as is provided in Section 7a of this act: Provided, That no poration, firm, association or individual shall be subject to any criminal prosecution by reason of anything truthfully disclosed by the affidavit required by this act, or truthfully disclosed in any testimony elicited in the execution thereof.

The Secretary of State is hereby authorized and required to charge and collect of each corporation a fee of one dollar for receiving and filing the affidavit herein provided for, to be accounted for as other fees received by him. To enable the Secretary of State to discharge the additional duties devolving upon him in the execution of this act there is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, or so much thereof as may be necessary, the sum of six thousand dollars per annum, payable to the Secretary of State on his order upon proper vouchers as required by law: Provided, That corporations organized under the Building, Loan and Homestead Association laws of this State are excluded from the provisions of this act. (Added

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