AN ACT to Regulate the Sale of Butter produced by taking original packing stock and other Butter and melting the same, so that the Butter oil can be drawn off, mixed with skimmed Milk or other Material and by Emulsion or other Process produce Butter, and Butter produced by any similar Process, and commonly known as "Process" Butter; Provid ing for the Enforcement thereof, and punishment for the violation of the same. The People of the State of Michigan enact: sell process labeled. ter, now SECTION 1. That no person, firm or corporate body shall, Unlawful to within this State, sell, or offer or expose for sale, or have ill butter not his, her or their possession with intent to sell, any butter not properly labeled in compliance with the provisions of this act. Butter produced by taking original packing stock and other butter and melting the same, so that the butter oil can be drawn off, mixed with skim milk or other material, and by emulsion or other process produce butter, and butter produced by any similar process, and commonly known as "Process" butter, shall "Process" butbefore sale, and before being offered and exposed for sale, labeled. and while in the possession of any person, firm or corporate body with intent to sell the same be plainly labeled "Process Butter," in the manner prescribed by this act. If sold, offered or exposed for sale, or in possession of any person, firm or corporate body with intent to sell, the prints or rolls shall be covered by wrappers, on which shall be printed in conspicuous letters the words "Process Butter." If packed in tubs or other receptacles, and sold or offered or exposed for sale, or held in the possession of any person, firm, or corporate body with intent to sell the same, the said words shall be printed in one inch letters on the top and two sides of the tub or receptacle; if uncovered and not contained in a tub or other receptacle, and sold or offered or exposed for sale, or held in the possession of any person, firm, or corporate body with intent to sell the same, a placard containing the said words shall be attached to the mass, in a manner making them plain and prominent. Penalty for violation of act. Proviso as to powers of Dairy and Food Commissioner. SEC. 2. Every person, firm, or corporate body who shall violate any of the provisions of this act shall, for every such offense, forfeit and pay not less than twenty-five dollars nor more than one hundred dollars, which shall be recoverable with costs, including expense of inspection and analysis, by any person suing in the name of the People of the State of Michigan, as debts of like amount are by law recoverable: Provided, That the Dairy and Food Commissioner, together with the deputies, agents and assistants, shall be charged with the enforcement of this act, and shall have full access to all places of business, factories, buildings, carriages, cars, vessels, barrels and packages of whatever kind, used in the manufacture and transportation and sale of any butter or any adulteration or imitation thereof. They shall also have power and authority to open any package, barrel or vessel containing any butter, or any adulteration or imitation thereof, which may be manufactured, sold, or offered or exposed for sale, or held in possession with intent of the holder to sell; and they shall also have full power and authority to take the samples thereof for analysis, upon tendering the value of said samples. Expense, etc., And all charges, accounts, and expenses of the department for the enforcement of this act, through the said commissioner, and his deputies, agents, assistants, chemists and counsel employed by him in carrying out the provisions of this act, shall be paid by the treasurer of the State out of the appropriation for the support of the Dairy and Food Department. how paid. Violation a misdemeanor. Penalty. Proviso. Justices may hear and determine actions. SEC. 3. Every person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than cne hundred dollars, or by imprisonment in the county jail for not more than thirty days, or both fine and imprisonment, for the first offense; and a fine of one hundred dollars and imprisonment for thirty days, for every subsequent offense: Provided, That all fines and costs, including the expense of inspection and analysis imposed under this section, shall be covered into the State Treasury, as provided by section two of this act; and all butter sold or offered or exposed for sale, or held in the possession of anyone with intent to sell the same in violation of the provisions of this act shall be subject to forfeiture and spoliation. SEC. 4. Justices of the peace throughout this State shall have jurisdiction to hear and determine actions arising for violations of the provisions of this act, and to hold for court or to impose the penalties imposed therein, subject to appeal as the law shall direct. Approved June 22, 1899. [No. 255.] 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: defined. SECTION 1. That a trust is a combination of capital, skill "Trust" or arts by two or more persons, firms, partnerships, corpora tions 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; 2. To limit or reduce the production, or increase or reduce the price of, merchandise or any commodity; 3. To prevent competition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity; 4. 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 in this State; form. 5. It shall hereafter be unlawful for two or more persons, Unlawful to firms, partnershins, corporations or associations of persons, or of any two or more of them, to make or enter into or execute or carry out any contracts, obligations or agreements of any kind or description, by which they shall bind or have bound themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure or fixed value, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any ma ner establish or settle the price of any article, commodity or transportation between them or themselves and others, so as to directly or indirectly preclude a free and unrestricted competition among themselves, or any purchasers or consumers, in the sale or transportation of any such article or commodity. or by which they shall agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transportation of any such article or commodity, that its price might in any manner be affected. Every 52 Who to institute suits or quo warranto proceedings. such trust as is defined herein is declared to be unlawful, against public policy and void. SEC. 2. For a violation of any of the provisions of this act by any corporation or association mentioned herein, it shall be the duty of the Attorney General, or the prosecuting attorney of the proper county, to institute proper suits or quo warranto proceedings in the court of competent jurisdiction in any of the county seats in the State where such corporation or association exists or does business, or may have a domicile. Where may be And when such suit is instituted by the Attorney General in quo warranto, he may also begin any such suit in the supreme court of the State, or the circuit court of Ingham, Kent or Wayne counties, for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the State. brought. Foreign corporations, when SEC. 3. Every foreign corporation, as well as any foreign prohibited from association, exercising any of the powers, franchises or funcdoing business. tions of a corporation in this State, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business in this State, and it shall be the duty of the Attorney General to enforce this provision by bringing proper proceedings in quo warranto in the supreme court, or the circuit court of the county in which defendant resides or does business, or other proper proceedings by injunction or otherwise. The Secretary of State shall be authorized to revoke the certificate of any such corporation or association, heretofore authorized by him to do business in this State. When Secretary of State to revoke certificate. Penalty. Indictment. what to state. What deemed SEC. 4. Any violation of either or all of the provisions of this act shall be and is hereby declared a conspiracy against trade, and any person who may become engaged in any such conspiracy or take part therein, or aid or advise in its commission, or who shall as principal, manager, director, agent, servant or employer, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates, or furnish any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, shall be punished by a fine of not less than fifty dollars nor more than five thousand dollars, or be imprisoned not less than six months nor more than one year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense. SEC. 5. In any indictment for any offense named in this act, it is sufficient to state the purpose or effects of the trust or combination, and that the accused is a member of, acted with or in pursuance of it, or aided or assisted in carrying out its purposes, without giving its name or description, or how, when and where it was created. SEC. 6. In prosecutions under this act, it shall be sufficient sufficient proof. to prove that a trust or combination, as defined herein, exists, and that the defendant belonged to it, or acted for or in con nection with it, without proving all the members belonging to it, or proving or producing any article of agreement, or any written instrument on which it may have been based; or that it was evidenced by any written instrument at all. The character of the trust or combination alleged may be established by proof of its general reputation as such. SEC. 7. Each and every firm, person, partnership, corpora- Penalty. tion or association of persons, who shall in any manner violate any of the provisions of this act, shall for each and every day that such violations shall be committed or continued, after due notice given by the Attorney General or any prosecuting attorney, forfeit and pay the sum of fifty dollars, which may be recovered in the name of the State, in any county where the offense is committed, or where either of the offenders reside. And it shall be the duty of the Attorney General, or the pros When Attor ecuting attorney of any county on the order of the Attorney prosecute. General, to prosecute for the recovery of the same. When the Where suit action is prosecuted by the Attorney General against a cor- brought. poration or association of persons, he may begin the action in the circuit court of the county in which defendant resides or does business. ney General to may be when void. SEC. 8. That any contract or agreement in violation of the Contracts. provisions of this act shall be absolutely void and not enforceable either in law or equity. act, how held. SEC. 9. That the provisions hereof shall be held cumulative Provisions of of each other and of all other laws in any way affecting them now in force in this State. held or own to enter into SEC. 10. It shall not be lawful for any person, partnership, Unlawful to association or corporation, or any agent thereof, to issue or to certificates and own trust certificates, or for any person, partnership, asso- combinations, ciation or corporation, agent, officer or employe, or the di- etc. rectors 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 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, and any person, partnership, association or corporation that shall enter into any such combination, contract or agreement for the purpose aforesaid shall be deemed guilty of a misdemeanor, and on conviction thereof, Penalty. shall be punished by a fine not less than fifty dollars, nor more than one thousand dollars. action may be SEC. 11. In addition to the criminal and civil penalties When civil herein provided, any person who shall be injured in his busi- brought. ness or property by any other person or corporation or association or partnership, by reason of anything forbidden or de |