§ 194. Kansas Law Prohibiting Trusts.-The antitrust law of Kansas is a statute of 1897. It is entitled "An act defining and prohibiting trusts, providing procedure to enforce the provisions of this act, and providing penalties for violations of the provisions of this act." This act was approved March 8th, 1897. It is, as follows: Be it enacted by the legislature of the State of Kansas: § 1. A trust is a combination of capital, skill or acts, by two or more persons, firms, corporations or associations of persons, or either two or more of them, for either, any or all of the following purposes: First. To create or carry out restrictions in trade or commerce, or aids to commerce, or to carry out restrictions in the full and free pursuit of any business authorized or permitted by the laws of this State. Second. To increase or reduce the price of merchandise, produce or commodities, or to control the cost or rate of insurance. Third. To prevent competition in the manufacture, making, transportation, sale or purchase of merchandise, produce or commodities, or to prevent competition in aids to commerce. Fourth. To fix any standard or figure, whereby its price to the public shall be, in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, use or consumption in this State. Fifth. To make or enter into, or execute or carry out, any contract, obligation or agreement of any kind or description by which they shall bind, or have to bind, themselves not to sell, manufacture, dispose of, or transport any article or commodity, or article of trade, use, merchandise, commerce or consumption below a common standard figure or by which they shall agree, in any manner, to keep the price of such article, commodity or transportation at a fixed or graded figure, or by which they shall, in any manner, establish or settle the price of any article or commodity, or transportation, between them or themselves and others, to preclude a free and unrestricted competition among themselves or others in transportation, sale or manufacture of any such article or commodity, or by which they shall agree to pool, combine or unite any inter

est they may have in connection with the manufacture, sale or transportation of any such article or commodity, that its price may, in any manner, be affected. And any such combinations are hereby declared to be against public policy, unlawful and void. § 2. All persons, companies or corporations, within this State, are hereby denied the right to form or to be in any manner interested, either directly or indirectly, as principal, agent, representative, consignee or otherwise in any trust, as defined in section one of this act. § 3. Any corporation, holding a charter, under the laws of the State of Kansas, which shall violate any of the provisions of this act, shall thereby forfeit its charter and franchise, and its corporate existence shall cease and determine. And any stockholder, director, officer, agent, representative or consignee of any such corporation shall be subject to the penalties herein prescribed. § 4. For a violation of any of the provisions of this act by any corporation, or any of its officers or agents mentioned herein, it shall be the duty of the attorney-general of the State, or county attorney of any county in which said violation may occur, or either of them, upon his own motion, to institute an action in any court in this State having jurisdiction thereof, for the forfeiture of the charter, rights and franchise of such corporation, and the dissolution of its corporate existence. § 5. Every person, company or corporation, within or without this State, their officers, agents, representatives or consignees, violating any of the provisions of this act, within this State, are hereby denied the right, and are hereby prohibited from doing any business within this State, and all persons, companies and corporations, their officers, agents, representatives and consignees, within this State, are hereby denied the right to handle the goods of, or in any manner deal with, directly or indirectly, any such person, company or corporation, their officers, agents, representatives or consignees, and it shall be the duty of the attorney-general, and the county attorney of any county in the State where any violation of this act be committed, or either of them, to enforce the pro

visions of this section by injunction or other proceeding; and all persons, companies and corporations, their officers, agents, representatives or consignees, violating any of the provisions of this section, either directly or indirectly, or of abetting or aiding, either directly or indirectly, in any violation of any provisions of this section, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars, and confined in jail not less than thirty days nor more than six months, and shall forfeit not less than one hundred dollats for each and every day such violation may continue, which may be recovered in the name of the State of Kansas in any court of competent jurisdiction. § 6. Each and every person, company or corporation, their officers, agents, representatives or consignees, who, either directly or indirectly, violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be subject to a fine of not less than one hundred dollars nor more than one thousand dollars, and shall be imprisoned not less than thirty days nor more than six months, and, in addition thereto, for each and every day thereafter that such violation shall be committed or continued, forfeit and pay the sum of one hundred dollars, which may be recovered in the name of the State of Kansas, 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 of the State, or the county attorney of any county in the State, in which said violation shall occur, or either of them, to prosecute and enforce the provisions of this act. § 7. Any contract or agreement in violation of any of the provisions of this act shall be absolutely void and not enforceable in any of the courts of this State, and when any civil action shall be commenced in any court of this State, it shall be lawful to plead, in defense thereof, that the plaintiff or any other person interested in the prosecution of the case is at the time or has within one year next preceding the date of the commencement of any such action, been guilty either as principal, agent, repre

sentative or consignee, directly or indirectly, of a violation of any of the provisions of this act, or that the cause of action grows out of any business transaction in violation of this act. § 8. That any person, firm, company or corporation that may be damaged by any such agreement, trusts or combinations described in sections one and two of this act, may sue for and recover in any court of competent jurisdiction in this State, of any person, company or corporation, operating such trust or combination, such damages as they have sustained, together with a reasonable attorney fee. § 9. It shall be the duty of the attorneygeneral of the State, and the county attorneys in their respective counties, to diligently prosecute any and all persons violating any of the provisions of this act, and it shall be the duty of all State and county officials, having notice and knowledge of any violation of the provisions of this act, to notify the county attorneys of their respective counties, and the attorney-general of the State, of the fact of such violation, and to furnish them with the names of any witnesses by whom such violations can be proved; if any such officer or officers shall fail to comply with the provisions of this section he shall, upon conviction, be fined in any sum not less than one hundred dollars nor more than one thousand dollars, and such a conviction shall be a forfeiture of the office held by such person, and the court before whom such conviction is had shall, in addition to the imposition of the fine aforesaid, order and adjudge the forfeiture of his said office. § 10. The several district courts of this State, and the judges thereof, shall have jurisdiction, and it shall be their duty, upon good cause shown and upon written application of the county attorney or the attorney-general, to cause to be issued by the clerk of said court, subpoenas for such witnesses as may be named in the application of a county attorney or the attorney-general, and to cause the same to be served by the sheriff of the county where such subpoena is issued; and such witnesses shall be compelled to appear before such court or judge, at the time and place set forth in the subpoena, and shall be

compelled to testify as to any knowledge they may have of the violations of any of the provisions of this act. And any witness who fails or refuses to attend and testify shall be punished as for contempt, as provided by law. Any person subpoenaed and examined shall not be liable to criminal prosecution for any violation of this act about which he may testify. Neither shall the evidence, of any such witness be used against him in any criminal proceeding. The evidence of all witnesses so subpoenaed shall be taken down by the reporter of said court, and shall be transcribed and placed in the hands of the county attorney or the attorneygeneral, and he shall in the proper courts at once prosecute such violator or violators of this act, as the testimony so taken shall disclose. Witnesses subpoenaed, as provided for in this section, shall be compelled to attend from any county in the State. § 11. Nothing in this chapter shall be held or construed to affect any action or prosecution which is now pending, under the provisions of any law now in existence in this State. § 12. This act shall take effect and be in force from and after its publication in the official State paper.

§ 195. Kentucky Law Prohibiting Pools, Trusts and Conspiracies.-The anti-trust and monopoly statute of Kentucky is entitled, "An act to prevent the establishment of pools, trusts and conspiracies, and to provide punishments therefor." It was approved May 20th, 1890, and is, as follows: Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That if any corporation, under the laws of Kentucky, or under the laws of any other State or county, for transacting or conducting any kind of business in this State, or any partnership company, firm or individual, or other association of persons, shall create, establish, organize or enter into, or become a member of, or a party to, or in any way interested in any pool, trust, combine, agreement, confederation or understanding with any other corporation, partnership, individual or person, or association of persons, for the purpose of regulating or controlling or fixing the price of any mer