tana is found in the Annotated Code of 1895. That portion of the statute relating to this subject is, as follows: The sections are the sections of the code. § 321. Every person, corporation, stock company or association of persons in this State who, directly or indirectly, combine or form what is known as a trust, or make any contract with any person or persons, corporations or stock companies, foreign or domestic, through their stockholders, directors, officers, or in any manner whatever, for the purpose of fixing the price or regulating the production of any article. of commerce, or of the product of the soil for consumption by the people, or to create or carry out any restriction in trade, to limit productions, or increase or reduce the price of merchandise or commodities, or to prevent competition in merchandise or commodities, or to fix a standard or figure whereby the price of any article of merchandise, commerce or produce, intended for sale, use or consumption, will be in any way controlled, or to create a monopoly in the manufacture, sale or transportation of any such article, or to enter into an obligation by which they shall bind others or themselves not to manufacture, sell or transport any such article below a common standard or figure, or by which they agree to keep such article or transportation at a fixed or graduated figure, or by which they settle the price of such article so as to preclude unrestricted competition, is punishable by imprisonment in the State prison not exceeding five years, or by fine not exceeding ten thousand dollars, or both. Every corporation violating the provisions of this section forfeits to the State all its property and franchises, and, in case of a foreign corporation, it is prohibited from carrying on business in the State. § 325. The provisions of this chapter do not apply to any arrangement, agreement or combination between laborers. made with the object of lessening the number of hours of labor or increasing wages, nor to persons engaged in horticulture or agriculture, with a view of enhancing the price of their products.

A

§ 203. Nebraska Statute Against Trusts and Conspiracies Against Trade and Business.-The legislation of Nebraska relating to this subject consists of the statute of 1897. This statute repeals the previous statute,-chapter xcia, entitled "Trusts" of the Compiled Statutes of Nebraska for the year 1895,-and, as a substitute, enacts the law of 1897. This statute was passed April 8th of that year. It is, as follows: A bill for an act to define trusts and conspiracies against trade and business, declaring the same unlawful and void, and providing means for the suppression of the same and remedies for persons injured thereby, and to provide punishment for violations of this act, and to repeal chapter ninety-one a (91a), entitled "Trusts" of the Compiled Statutes of Nebraska for the year 1895. Be it enacted by the legislature of the State of Nebraska: § 1. That a trust is a combination of capital, skill or acts by any person or persons to fix the price of any article or commodity of trade, use or merchandise, with the intent to prevent others from conducting or carrying on the same business or selling or trafficking in the same article, use or merchandise, or a combination of capital, skill or acts by two or more persons or by two or more of them for either, any or all of the following purposes: 1. To create or carry out restrictions in trade. 2. To limit or reduce the production or increase or reduce the price of merchandise or commodities. 3. To prevent competition in insurance, either life, fire, accident or any other kind, or in manufacture, making, constructing, transportation, sale or purchase of merchandise, produce or commodities. 4. fix at any standard or figure whereby its price to the public shall be in any manner controlled or established upon any article of merchandise, produce or manufacture of any kind. intended for sale, use or consumption in this State; to establish any pretended agency whereby the sale of any such article, commodity, merchandise or product shall be covered up, concealed or made to appear to be for the original vendor, for a like purpose or purposes, and to enable such original vendor, producer or manufacturer

To

to control the wholesale or retail price of any such article
of merchandise, product or commodity after the title to the
same shall have passed from such vendor or manufacturer.
5. To make or enter into, carry on or carry out any con-
tract, obligation or agreement of any kind or descrip-
tion by which they shall bind or have heretofore
bound themselves
themselves not to sell, dispose of, traffic
in or transport any article of merchandise or commod-
ity, or article of trade, product, use, merchandise, con-
sumption or commerce, below a common standard figure,
card or list price, or by which they shall agree in any man-
ner to keep the price of such article, product, commodity
or transportation at a fixed or graduated figure or price, or
by which they shall in any manner establish or settle the
price of any article of merchandise, commodity, or of in-
surance, fire, life or accident, or transportation between
them or between themselves and others, or with the intent
to preclude or the tendency of which is to prevent or pre-
clude a free and unrestricted competition among themselves
or others or the people generally in the production, sale,
traffic or transportation of any such article of merchandise,
product or commodity, or conducting a like business, or by
which they shall agree to pool, combine or unite any inter-
est they may have in connection with the sale, production
or transportation of any such article of merchandise,
product or commodity, or the carrying on of any such
business that its price might in any manner be affected
thereby. § 2. That any and all acts by any person or
persons carrying on, creating or attempting to create,
either directly or indirectly, a trust as defined in section
one (1) of this act are hereby declared to be a conspiracy
against trade and business and unlawful, and any person
who may be or may become engaged in any such con-
spiracy, or take part therein, or aid or advise, in its com-
mission, or who shall as principal, manager, director,
agent, servant or employe, or in any other capacity, know-
ingly aid or advise, or attempt to carry out or carry out any
of the stipulations, purposes, prices, rates, orders there-

under or in pursuance thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars, nor more than five thousand dollars. § 3. That any corporation, organized under the laws of this State, which violates any of the provisions of this act shall thereby forfeit its charter and franchise, and its corporate existence shall thereupon cease and determine. And for a violation of any of the provisions of this act by any corporation it shall be the duty of the attorney-general of the State, or county attorney, within his county, upon bis own motion, to institute suit or quo warranto proceedings in any county in this State, in which such corporation was organized or is engaged in transacting business, for the forfeiture of its charter rights and franchise, and the dissolution of its corporate existence. There shall be taxed against the defendant, as part of the cost in any such suit of proceeding, upon the forfeiture of its charter and franchise, as provided herein, a fee for the services rendered by the county attorney, a sum not less than one hundred dollars ($100) and not more than five hundred dollars ($500), to be fixed by the court rendering the judgment. § 4. Every foreign corporation or person, not a resident of this State, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business within this State; and it shall be the duty of the attorney-general and each county attorney within his county to enforce this provision, by injunction or other proper proceeding, in any county in which such foreign corporation or non-resident person does business, in the name of the State on his relation. And for services rendered by the county attorney, in any such suit or proceedings, the court rendering judgment shall allow a reasonable sum to be taxed against the defendant as part of the costs in case judgment is rendered against the defendant. For the purpose of obtaining service upon any foreign corporation or non-resident person in any suit or proceedings brought, as provided in this act, it shall be sufficient to serve a summons upon any person in any county

within the State who may be the agent of said foreign corporation or non-resident person for the purpose of soliciting business or transacting or doing business for said corporation or non-resident person at the time when summons is issued upon petition filed against said corporation or non-resident person or when summons is served on such agent. § 5. In any indictment or information for any offense named in this act it shall be sufficient to state the purpose and effects of the trust or combination in a general way, and that the accused was a member of, aided or advised, or acted with or in pursuance of such trust or combination without giving its name or description, or how, where or when it was created. § 6. In prosecutions under this act it shall be sufficient to prove that a trust or combination, as defined herein or under the common law, exists, and that the defendant belonged to it or acted for or in connection with it, or aided or advised such trust or combination, or attempted to, or did fully carry out any of the stipulations, purposes, prices, rates or orders of any person connected therewith, and it shall not be necessary to make any proof of all the members belonging to such trust, combination or conspiracy, or to prove or produce any article of agreement or any written instrument on which it may have been based, or when, where or how such trust, combination or conspiracy was formed or that it was evidenced by any written instrument, or came into existence by any agreement of any kind or character, whether in parol or written. § 7. Prosecutions may be brought by any person in the name of the State of Nebraska against any person or persons violating any of the provisions of this act, and it shall be the duty of all county attorneys, in their respective counties, to prosecute all criminal suits on behalf of the State arising under the provisions of this act, and there shall be taxed by the court a fee for the county attorney of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) as services for trying said suit, and same shall be taxed as part of the costs against the defendant or defendants. § 8. That any contract or