the close of the examination. The testimony given by a witness in a proceeding or examination under this act shall not be given in evidence against him in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of the testimony so given by him, nor shall any person be excused from answering any questions that may be put to him on the ground that it may tend to convict him of a violation of the provisions of this act. § 8. A referee appointed, as provided in this act, possesses all the powers and is subject. to all the duties of a referee appointed under section ten hundred and eighteen of the code of civil procedure, so far as practicable, and may punish for contempt a witness duly served, as prescribed in this act, for non-attendance or refusal to be sworn or to testify, or to produce books, papers and documents, according to the direction of the indorsement aforesaid, in the same manner and to the same extent as a referee appointed to hear, try and determine an issue of fact or of law. § 9. Chapter seven hundred and sixteen of the laws of eighteen hundred and ninety-three and chap ter two hundred and sixty-seven of the laws of eighteen hundred and ninety-six are hereby repealed. § 10. This act shall take effect immediately.

§ 206. North Carolina Law for the Prohibition of Trusts. The statute of this State for the prohibition of trusts is entitled "An act to prohibit trusts in the State of North Carolina, and to provide for the punishment of persons connected with them." It was ratified March 11th, 1889, and is, as follows: The General Assembly of North Carolina do enact: § 1. That all combinations and trusts, as defined by this act, are unlawful, dangerous to the liberty of the people and are hereby forbidden to be formed or carried on in this State. § 2. That a trust is an arrangement, understanding or agreement, either private or public, entered into by two or more persons or corporations for the purpose of increasing or reducing the price of the shares of stock of any company or corporation, or of any class of products, materials or manufactured articles beyond the price that

that

would be fixed by the natural demand for or the supply of such shares, products, materials or manufactured articles; and any attempt to carry out such purpose shall be evidence such arrangement, understanding or agreement exists. § 3. That any person, company or corporation who shall form, or attempt to form, a trust in this State, or the agent or representative of any trust in any State or county, who shall attempt to carry on operations in this State, shall be guilty of a misdemeanor, and upon conviction may be fined not more than ten thousand dollars, or may be imprisoned not more than ten years for each offense. § 4. That any person, company or corporation who enters into an arrangement, understanding or agreement not to mine, manufacture, buy, sell or transport more than a certain specified amount of any goods, products or commodities within a specified time, will have violated section three of this act, and will be liable to indictment therefor; and any person, company or corporation who gives bond or makes a forfeit of any kind not to break such arrangement, understanding or agreement, shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned, or both, in the discretion of the court. § 5. That any merchant, broker, manufacturer or dealers in raw materials of any kind, or the agent of such persons, who shall sell any particular class of goods, raw materials or manufactured articles, for less than actual cost for the purpose of breaking down competitors, shall be guilty of a misdemeanor, and upon conviction may be fined or imprisoned, or both, in the discretion of the court: Provided, that nothing contained in this act shall operate or be construed so as to forbid or prevent any person or persons who desire and intend to purchase any article or commodity for his or their own. use or consumption, from combining or otherwise lawfully acting so as to protect or help themselves from imposition in the cost or purchase price of such articles or commodities as they or either of them may design and intend to use or consume. § 6. That this act shall be in full force and effect from and after the first day of May of the year one thousand eight hundred and eighty-nine.

§ 207. North Dakota Law Declaring Certain Trusts and Combinations Unlawful.-The statute of North Dakota relating to this subject 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 or 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 forfeiture of the charter and franchise of any corporation organized under the laws of this State, violating any of the provisions of this act; to prohibit every foreign corporation 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 corporations 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." This act was approved March 9th, 1897, and is, as follows: Be it enacted by the Legislative Assembly of the State of North Dakota: § 1. That all arrangements, contracts, agreements, trusts or combinations between persons or corporations 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, or in the manufacture or sale of articles of domestic growth, or of domestic raw material, and all arrangements, contracts, agreements, trusts or combinations between persons or corporations, 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 articles, 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 this 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 n 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. 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, or any person, persons or corporations operating such trusts or combinations, the full consideration or sum paid by him or them for any goods, wares, merchandise or articles, the sale of which is controlled by any such combination or trust. § 5. That it shall be the duty of the judges of the district courts of this State specially to instruct the grand juries as to the provisions of this act.

§ 208. Oklahoma Law to Prevent Combinations in Restraint of Trade.-The anti-trust legislation is a statute entitled "An act to prevent combinations in restraint of trade." It became a law December 25th, 1890, and is, as follows: Be it enacted by the legislative assembly of the territory of Oklahoma: § 1. If any individual, firm, partnership, or

any association of persons whatsoever, shall create, enter into, become a member of, or a party to, any pool, trust, agreement, combination or understanding with any other individual, firm, partnership or association of persons whatsoever, to regulate or fix the price of, or prevent or restrict the competition in the sale of provisions, feed, fuel, lumber, or other building materials, articles of merchandise or other commodity, they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more that five hundred dollars. § 2. It shall not be lawful for any corporation organized under the laws of this territory, or organized under the laws of any other territory or State, and doing business in this territory, to enter into any combination, contract, trust, pool or agreement with any other corporation or corporations, or with any individual, firm, partnership or association of persons. whatsoever, for the purpose of regulating or fixing the price of, or preventing or restricting competition in the sale of provisions, feed, fuel, lumber or other building materials, articles of merchandise or other commodity, including the fixing of the rate of interest, any president, manager, director, agent, receiver or other officer of any such corporation violating the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more than five hundred dollars, for the first offense, and upon a second conviction shall be fined a sum equal to twice the amount of the first fine, and such corporation shall forfeit its corporate right and franchise, and its corporate existence in this territory shall thereupon cease and determine. § 3. Any person purchasing provisions, feed, material, articles of merchandise, or any commodity from any individual, firm, partnership or corporation, transacting business in violation of the provisions of this act, such person so purchasing shall not be liable for the price or payment of any such article or commodity, and may plead this act as a defense in any suit for price or payment. In any civil action brought under the provisions of this section the court before whom such