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. § 7. 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. § 8. It shall be the duty of the prosecuting attorneys in their respective jurisdictions, and the attorney-general, to enforce the foregoing provisions of this act, and any prosecuting attorney of any county securing a conviction under the provisions of this act shall be entitled to such fee or salary as by law he is allowed for such prosecution. When there is a conviction under this act the informer shall be entitled to one-fifth of the fine recovered, which shall be paid to him when the same is collected. fines recovered under the provisions of this act shall be paid into the county treasury of the county in which the suit is tried, by the person collecting the same in the manner now provided by law, to be used for county purposes.

All

§ 192. Indiana Anti-Trust Art.-The anti-trust statute of Indiana is entitled, "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 and 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 the forfeiture of the charter and franchise of any corporation, organized under the laws of this State, 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 corporation 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." The statute was approved March 5th, 1897, and is, as follows: § 1. Be it enacted by the General Assembly of the State of Indiana, and it is hereby enacted by the authority of the same, that from and after the passage of this act all arrangements, contracts, agreements, trusts or combinations, between persons or corporations, who control the output of any article of merchandise, 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, and all arrangements, contracts, agreements, trusts or combinations, between persons or corporations, who control the output of said article of merchandise, 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 article, are hereby declared to be against public policy, unlawful and void. § 2. 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 the State to enforce this provision by

due process of law. § 3. That any violation of the provisions of this act shall be deemed and is hereby declared to be destructive of full and free competition and a conspiracy against trade, and any person or persons who may engage in any such conspiracy, or who shall, as principal, manager, director or agent, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates or orders made in furtherance of such conspiracy, shall, on conviction, be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, and by imprisonment in the penitentiary not less than one year nor more than ten years, or, in the judgment of the court, by either such fine or such imprisonment. § 4. The persons designed by this act to be effected hereby are those who own, control or manufacture the output of any particular article of merchandise mentioned herein: Provided, however, that the provisions of this act shall not apply to agricultural products or live stock while in the possession of the producer or raiser. § 5. That any person or persons, or corporation, that may be injured or damaged by any such arrangement, contract, agreement, trust or combination, described in section one of this act, may sue for and recover in any court of competent jurisdiction, in this State, of any person, persons, or corporation, operating such trust or combination, the full consideration or sum paid by him or them for any goods, wares, merchandise or articles, the sale of which is controlled by such combination or trust. § 6. That it shall be the duty of the judges of the circuit court of this State to specially instruct the grand juries as to the provisions of this act. § 7. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

§ 193. Iowa Anti-Pool and Trust Law.-The statute of Iowa, relating to trusts and monopolies, is entitled, "An act for the punishment of pools, trusts, combinations and conspiracies, and as to evidence in such cases." It was approved May 6th, 1890, and is, as follows: Be it enacted by the General Assembly of the State of Iowa: § 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, or become a member of, or a party to, any trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual, or any 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 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, raised, produced or sold in this State, shall be deemed and adjudged guilty of a conspiracy to defraud, and be subject to indictment and punishment as provided in this act. § 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 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. § 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 of not less than one per cent. of the capital stock of such corporation or amount invested in such company, firm or association, and not to exceed twenty per cent. of such capital stock or amount invested. 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, shall be punished by a fine of not less than five hundred dollars, nor to exceed five thousand dollars, and, in addition thereto, may be imprisoned in the county jail not to exceed one year. § 4. Any contract or agreement in violation of any provisions of the preceding sections of this act shall be absolutely void. § 5. 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. § 6. Any corporation, created or organized by or under the laws of this State, which shall violate any provision of the preceding sections of this act, shall thereby forfeit its corporate right and franchises, and its corporate existence shall thereupon cease and determine, as provided in this section, and it shall be the duty of the secretary of state, after the passage of this act, to address to the president, secretary or treasurer of each incorporated company doing business in this State a letter of inquiry as to whether the said corporation has merged all or any part of its 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, treasurer or any director of said company; a form of affidavit prescribed by the secretary of state shall be enclosed in said letter of inquiry, and, on refusal to make oath in answer to said inquiry, the secretary of state shall immediately cause a certified statement of the facts to be filed in the office of the attorney-general of the State, who shall proceed or direct such proceedings, by any county attorney in the State, to commence an action in the district court of any county in the State of competent jurisdiction. When said proceedings are instituted they shall be conducted as ordinary law actions, triable by a court or jury on the final decision of the same,-should the defendant be