when or where it was created, provided that no contract or agreement or arrangement which does not include, or which cannot be held to include a stipulation between the parties to share in the profits of any such contract, agreement or arrangement, or which contract, agreement or arrangement does not provide for, or does not contemplate, a profit or pool to be divided between the parties to such contract, agreement or arrangement, shall be held or construed to be in violation of the provision of this act. § 6. Be it further enacted, etc., that in prosecutions under this act it shall not be necessary to prove who constitute all the members belonging to the trust or combination. § 7. Be it further enacted, etc., that any contract or agreement in violation of the provisions of this act shall be absolutely void. § 8. Be it further enacted, etc., that the provisions of this act shall not apply to agricultural products or live stock while in the hands of the producer or raiser, nor be so construed as to affect any combination or confederation of laborers for the purpose of procuring an increase of their wages or redress of grievances. § 9. Be it further enacted, etc., that this act shall take effect from and after its passage, and that all laws and parts of laws conflicting with same are hereby repealed.

§ 197.

Maine Anti-Trust Law.-The anti-trust statute of the State of Maine is entitled "An act to prevent such formation of trusts, combination of business firms, incorporated or unincorporated, companies, or association of persons or stockholders, as may be contrary to public policy." This act was approved March 7, 1889, and is, as follows: Be it enacted by the Senate and House of Representatives in legislature assembled, as follows: § 1. It shall be unlawful for any firm or incorporated company, or any number of firms or incorporated companies, or any unincorporated company, or association of persons or stockholders, organized for the purpose of manufacturing, producing, refining or mining any article or product which enters into general use and consumption by the people, to form or organize any trust, or to enter into any combination of firms,

incorporated or unincorporated companies, or association of stockholders, or to delegate to any one or more board or boards of trustees or directors the power to conduct and direct the business of the whole number of firms, corporations, companies or associations which may have or which may propose to form a trust, combination or association inconsistent with the provisions of this section and contrary to public policy. § 2. No certificate of stock, or other evidence of interest, in any trust, combination or association, as named in section one of this act, shall have legal recognition in any court in this State, and any deed to real estate given by any person, firm or corporation, for the purpose of becoming interested in such trust, combination or association, or any mortgage given by the latter to the seller, as well as all certificates growing out of such transaction, shall be void. § 3. Any incorporated company now operating under the laws of this State, and which at the date of the passage of this act may be interested in any trust, combination or association, named in section one of this act, or any firm, incorporated or unincorporated company, or association of persons or stockholders, who shall enter into or become interested in such trust, combination or association, after the passage of this act, shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five nor more than ten thousand dollars: Provided, that nothing in this section shall be so construed as to apply to such incorporated companies as shall, within ninety days from the date of the passage of this act, withdraw from and sever all connections with such trust, combination or association. § 4. It shall be the duty of the secretary of state, as soon as may be after the passage of this act, to forward to the president, secretary or treasurer, of each incorporated company, organized for the purpose of manufacturing, producing, refining or mining any article or product which enters into general use and consumption by the people, and doing business within this State, a copy of this act, and, also, a letter of inquiry as to whether said corporation has merged all or any part of its business or interests in or with

any trust, combination or association of persons, or stockholders, as named in section one of this act, and to require an answer, under oath, of the president, secretary, treasurer or directors of said company; a form of affidavit, together with questions to be answered, shall be prescribed by the secretary of state, and forwarded with said letter, and on neglect or refusal to make answers, under oath, to such questions for the term of ninety days from the date of this act, the secretary of state shall notify the attorneygeneral, whose duty it shall be forthwith to file an information in the nature of a writ of quo warranto, with the Supreme Judicial Court, against said corporation, and the court may, upon hearing and proof of such neglect or refusal, decree the dissolution of said corporation, and its corporate rights and powers shall be terminated.

§ 198. Michigan Anti-Trust Act.-The anti-trust statute of Michigan is entitled, "An act declaring certain contracts, agreements, understandings and combinations. unlawful, and to provide punishments for those who shall enter into the same or do any act in performance thereof." This statute became a law July 1st, 1889, and is, as follows: § 1. The people of the State of Michigan enact that all contracts, agreements, understandings and combinations made, entered into, or knowingly assented to by and between any parties capable of making a contract or agreement, which would be valid at law or in equity, the purpose or object or intent of which shall be to limit, control, or in any manner to restrict or regulate the amount of production or the quantity of any article or commodity to be raised or produced by mining, manufacture, agriculture or any other branch of business or labor, or to enhance, control or regulate the market price thereof, or in any manner to prevent or restrict free competition in the production or sale of any article or commodity, shall be utterly illegal and void, and every such contract, agreement, understanding and combination shall constitute a criminal conspiracy, and every person, who, for himself, personally, or member or in the name of a partnership, or as a member,

as a

agent or officer of a corporation, or of any association for business purposes of any kind, who shall enter into or knowingly consent to any such void and illegal contract, agreement, understanding or combination, shall be deemed a party to such conspiracy. And all parties so offending shall, on conviction thereof, be punished by a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment, at the discretion of the court. And the prosecution for offenses under this section may be instituted and the trial had in any county where any of the conspirators became parties to such conspiracy, or in which any one of the conspirators shall reside: Provided, however, that this section shall in no manner invalidate or affect contracts for what is known and recognized at common law and in equity as contracts for the "good will of a trade or business," but all such contracts shall be left to stand upon the same terms and within the same limitations, recognized at common law and in equity. § 2. Every contract, agreement, understanding and combination declared void and illegal by the first section of this act shall be equally void and illegal within this State, whether made and entered into within or without this State. § 3. The carrying into effect, in whole or in part, of any such illegal contract, agreement, understanding or combination, as mentioned in the first section of this act, and every act which shall be done for that purpose by any of the parties, or through their agency or the agency of any one of them, shall constitute a misdemeanor, and, on conviction, the offenders shall be punished by imprisonment in the State prison not more than one year, or in the county jail not more than six months, or by a fine not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment, in the discretion of the court. §4. Any corporation, now or hereafter, organized under the laws of this State, which shall enter into any contract, agreement, understanding or combination, declared illegal and criminal by the first section of this act, or shall

do any act towards or for the purpose of carrying the same into effect, in whole or in part, and who shall not, within thirty days from the time when this act shall take effect, withdraw its assent thereto and repudiate the same, and file in the office of the secretary of state such refusal and repudiation, under its corporate seal, shall forfeit its charter and all its rights and franchise thereunder. § 5. It shall be the duty of the attorney-general, upon his own relation or upon the relation of any private person, whenever he shall have good reasons to believe that the same can be established by proof, to file an information in the nature of a quo warranto, against any corporation offending against any of the provisions of this act; and, thereupon, the same proceedings shall be had, as provided by chapter 298, of Howell's Annotated Statutes, relating to proceedings by information in the nature of quo warranto, against corporations offending against any of the provisions of the act, or acts creating, altering or renewing such corporations, and in other cases. § 6. The provisions of this act shall not apply to agricultural products or live stock, while in the hands of the producer or raiser, nor to the services of laborers or artisans, who are formed into societies or organizations for the benefit and protection of their members. § 7. It shall be the duty of the secretary of state to cause this act to be published for four successive weeks in some daily paper in each of the cities of Lansing, Detroit, Grand Rapids and Marquette, commencing within ten days after this act shall take effect, and he shall also within the same time cause to be mailed to each of the corporations, whose articles of association are on file in his office, a printed copy of this act, with a notice calling special attention thereto. Approved July 1st, 1889.

§ 199. Minnesota Law to Prohibit Pools and Trusts.— The anti-monopoly and trust statute of Minnesota is entitled, "An act to prohibit pools and trusts in the State of Minnesota." It was approved April 20th, 1891, and is, as follows: Be it enacted by the legislature of the State of Minnesota: § 1. If any corporation, organized under the