SEC. 8986. Whether action should be commenced, determined, how.-For the purpose of determining whether an action or proceeding should be commenced against any pool, trust, conspiracy or combination in restraint of trade, the attorney-general may examine and procure the testimony of witnesses in the manner herein prescribed. (New section.)

SEC. 8987. Procedure for securing testimony.-Whenever the attorney-general deems it necessary or proper before beginning any action or proceeding against any pool, trust, conspiracy or combination made, arranged, agreed upon or entered into whereby a monopoly in the manufacture, production or sale in this state of any article or commodity is or may be sought to be created, established or maintained, or whereby competition in this state in the supply or price of any article or commodity is or may be restrained or prevented, then in such case the attorney-general may present to any justice of the supreme court an application, in writing, for an order directing such persons, as the attorney-general may require, to appear before a justice of the supreme court or any examiner designated in said order and answer such relevant and material questions as may be put to them concerning any alleged illegal contract, arrangement, agreement or combination in violation of the laws of this state against pools, trusts, agreements, combinations and conspiracies in restraint of trade, or to regulate, fix or maintain the price of any commodity or to create a monopoly therein, if it appears. to the satisfaction of the justice of the supreme court to whom the application for the order is made that such an order is necessary or expedient, then such order shall be granted. Such order shall be granted without notice, unless notice is required to be given by the justice of the supreme court to whom the application is made, in which event an order to show cause why such application should not be granted shall be made containing such preliminary injunction or stay as may appear to said justice to be proper or expedient, and shall specify the time when and the place where the witnesses are required to appear, and such examination shall be held in the City of Jefferson. The justice of the supreme court or the examiner may adjorun such examination from time to time and witnesses must attend accordingly. (New section.)

SEC. 8988. Order for examination.-The order for such examination must be signed by the justice making it; and the service of a copy thereof, with an endorsement by the attorney-general signed by him, to the effect that the person named therein is required to appear and be examined at the time and place and before the justiceor referee specified in such endorsement, shall be sufficient notice for the attendance of witnesses. Such endorsement may contain a

clause requiring such person to produce on such examination all books, papers and documents in his possession or under his control relating to the subject of such examination: Provided, however, that the production of books and papers for inspection shall always be subject to the order of the supreme justice who has ordered such examination, and either party may, by a petition, in writing, ask that the said justice pass on the question as to whether or not said books and papers should be produced and examined and introduced in evidence. The order to appear as a witness may be served and return of service made in the same manner and by the same officer by whom a subpoena may now be served. (New section.)

SEC. 8989. Testimony of witnesses.-The testimony of each witness must be subscribed by him, and all testimony taken by such justice or examiner appointed must be certified and delivered by such justice or examiner to the attorney-general at the close of the examination. The justice or examiner shall cause said testimony to be taken down by a competent stenographer. The testimony given by a witness in a proceeding or examination under this article shall not be given against him in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of any testimony so given by him. (New section.)

SEC. 8990. Power of examiner.-An examiner appointed under this article shall have his power and authority specified in the order appointing him. And he shall have all the ordinary power and authority of an examiner appointed by the supreme court, in addition to what special duties may be devolved on him by the order of appointment. (New section.)

SEC. 8991. Power to punish for contempt.—If any witness or witnesses be properly served, as herein provided, with notice to appear and testify, and they fail to obey said notice, or appearing, refuse to testify, the attorney-general may file a statement, in writing, with the supreme court justice setting out such facts, and said justice may, if he deems it proper, issue a citation to said parties causing them to forthwith appear and show cause why he or they should not be fined or imprisoned, or both, for contempt. And in such contempt proceedings the justice of the supreme court shall have full power to either fine or imprison, or both, as a punishment for either failing to appear and testify, or appearing, failing to testify, or to produce books and papers when so ordered to do. (New section.)

SEC. 8992. Costs, how paid. The supreme court justice may make such order concerning the taxation and payment of costs in these proceedings against either the state of Missouri or the person examined, or any corporation, co-partnership, joint stock company, or combination of persons interested in or connected in any way with the subject of such examination. Costs taxed shall be collected in the ordinary way costs are now collected in the supreme court, and an itemized statement thereof shall be filed with the clerk of the supreme court, to whom all cost must be paid. (New section.)

CORPORATION TAX AND FEES.

(Sec. 3283.)

The State shall be entitled to fees for services to be rendered by the Secretary of State, as follows:

For issuing and recording certificate of corporate existence..

.$ 1.50

For all other certificates

.......

1.25

For copying records, papers or documents, for each one hundred words or figures.. For certifying copies of records, and papers or documents..... For recording all papers and documents required by law to be recorded in the office of the Secretary of State, for each one hundred words and figures................ (Sec. 1183; also, Laws 1895, p. 117.)

.10

1.00

.10

For recording railroad and street railroad contracts.

(and $1.00 in addition for every 100 words in excess of 1,000 words.) For releasing same by entering upon margin of record declaration in writing to that effect

.$25.00

.$10.00

(Sec. 956.)

On all corporations other than those formed for benevolent, religious, scientific or educational purposes, there shall be paid into the State Treasury: For first $50,000, or less of capital.....

.$50.00

For every additional $10,000 of capital

5.00

For increase of capital stock, for every $10,000 or less of such increase........

5.00

NOTE. The law requires that the corporation tax and all fees be paid in advance

to the State Treasurer. Money orders and drafts must be made payable to the order

of the Treasurer and enclosed with the papers to the Secretary of State. Personal checks must be certified. Stamps cannot be received for State's fees.

CORPORATION FORMS.

FORM FOR INCORPORATING MANUFACTURING AND BUSINESS COMPANIES. (Secs. 1312, 1313, 1319 and 1320.)

Know all men by these presents:

That we, the undersigned, desirous of forming a corporation under the laws of Missouri, and more particularly under the provisions of article IX, chapter 12, R. S. 1899, governing manufacturing and business companies, have entered into the following agreement:

First-That the name of the corporation shall be (Name designating the business contemplated; but not the name of any corporation existing under the laws of this State for similar purposes. When the name of a person or firm is assumed it must be joined with some word designating the business to be carried on, followed by the word "company" or "corporation.")

Second-That the corporation shall be located in the

Missouri.

of the

county,

(not less than

Third-That the amount of the capital stock shall be (not less than $2,000 nor more than $10,000,000) dollars, divided into shares of the par value of dollars each; that the same has been bona fide subscribed and one-half) thereof actually paid up in lawful money of the United States, and is in the custody of the persons hereinafter named as the first board of directors.

Fourth-That the names (not less than three), places of residence of the shareholders, and the number of shares subscribed by each are:

Name.

Residence.

Number of shares.

Fifth-The board of directors shall consist of

(not less than three nor more than thirteen; at least three of whom shall be citizens and residents of Missouri) shareholders, and the names of those agreed on for the first year are

Sixth-That the corporation shall continue for a term of fifty) years.

(not exceeding

In testimony whereof, we have hereunto set our hands this

1319.)

19-.

Seventh-That the corporation is formed for the following purposes: (See Sec.

day of

day of —, 19, before me personally appeared

(names

of all the stockholders) to me known to be the persons described in and who executed

the foregoing instrument and acknowledged that they executed the same as their free act and deed.

19.

In testimony whereof, I have hereunto set my hand and affixed my notarial seal the day and year last above mentioned. My commission expires (Seal)

Notary Public.

Instructions: When the articles are signed and acknowledged by ALL the stockholders, they must be recorded in the office of the recorder of deeds of the county in which the corporation is located, and a certified copy thereof filed in the office of the Secretary of State, with the statutory tax and fee of $52.50 on the first $50,000 or less of capital, and $5.00 on each additional $10,000 of capital.

NOTE-If any of the stock in the proposed corporation is to be subscribed by a trustee, the articles must show for whom, and what shares are held in trust. On the organization of a corporation stock cannot be subscribed by another corporation; neither can a trustee subscribe for the stock to be held for the use of the new corporation to be disposed of thereafter. All stock must be subscribed by bona fide stockholders.

FORM OF STATEMENT INCREASING OR DECREASING CAPITAL STOCK OF
MANUFACTURING AND BUSINESS COMPANIES AND TRUST COMPANIES.

(Secs. 1327, 1328 and 1329-Business Companies.)
(Secs. 1435, 1436 and 1437-Trust Companies.)

Be it known, that on the

day of, 19, a meeting of the stockholders of the ——————, a corporation under the laws of Missouri, was held at the city of county of —, State of Missouri, for the purpose of the capital stock of said company, pursuant to notice signed by a majority of the directors of said company, duly published in the ———————, a newspaper published in the city of —, for more than sixty days prior to said date, the first insertion of said notice being on the day of——————————, 19——, and the last insertion on the

day of

19-.

That a copy of said notice, postage prepaid, was deposited in the postoffice in the city of Missouri, addressed to each stockholder at his usual place of residence at least sixty days previous to the day fixed for said meeting.

That said meeting was organized by choosing

-, a director in said company,

That at said meeting there were present, in person or by proxy, at least a majority of the stockholders holding the full value of all the shares of stock of said company.

That a proposition was then and there submitted to company from $ to $.

the capital stock of said

And upon canvassing the vote thereon it appeared that a majority of the stock of said company had been voted in favor of such —. The amount of the capital stock of said company, paid up, is dollars. The amount of the assets of said company is dollars. The amount of its liabilities is dollars, and the amount is dollars, divided into

to which the capital stock of said company is shares of the par value of

dollars each. * And that

per centum of said in

crease of capital has been actually paid up in lawful money of the United States, and is in the hands of the board of directors of said company.

Attest:

Secretary.

Chairman.

chairman, being duly sworn, says the matters and things set forth in

On this

day of, 19, before me personally appeared chairman) to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed.

(name of