suit shall be pending may compel the plaintiff to testify, but if the plaintiff be a corporation then the court may compel any officer, agent or employe of such corporation to attend, appear and testify, or compel the production of any contract or papers in evidence in such civil action: Provided, the evidence so obtained shall not be used in any criminal prosecution against the person so testifying except in a criminal prosecution for perjury committed in giving such testimony. § 4. Any person who shall have purchased from any individual, firm, partnership or corporation, doing business in violation of the provisions of this act, any provisions, feed, fuel, lumber or other building material, articles of merchandise or other commodity, and paid for the same, may maintain a civil action to recover the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reasonable attorney's fee, to be fixed by the court, which attorney's fee shall be taxed and collected as part of the costs in such case. In any civil action, brought under the provisions of this section, the court before whom such suit be pending may compel the defendant to testify; but if the defendant be a corporation, then the court may compel any officer, agent or employe of such corporation to attend, appear and testify, or compel the production of any contract or paper, as evidence in such civil action: Provided, the evidence so obtained shall not be used in any criminal action against the person so testifying except in a criminal prosecution for perjury committed in giving such testimony. § 5. It shall be the duty of the prosecuting attorneys, in their respective counties, to enforce the foregoing provisions of this act, and any prosecuting attorney securing a conviction, under the provisions of this act, shall be entitled, in addition to such fee or salary, as by law he is allowed for such prosecution, to one-fifth of the fine received.

§ 209. South Carolina Prohibition of Trusts and Combinations.-The anti-trust legislation of South Carolina is of very recent date. It consists of "An act to prohibit trusts and combinations and to provide penalties,"

approved February 25th, 1897. The act is, as follows: § 1. Be it enacted by the General Assembly of the State of South Carolina that from and after the passage of this act all arrangements, contracts, agreements, trusts or combinations, between two or more persons, as individuals, firms or corporaticns, 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 article, are hereby declared to be against public policy, unlawful and void. § 2. Whenever complaint is made upon sufficient affidavit or affidavits, showing a prima facie case of violation of the provisions of the first section of this act by any corporation, domestic or foreign, it shall be the duty of the attorney-general to begin an action against such domestic corporation to forfeit its charter, and in case such violation shall be established, the court shall adjudge the charter of such corporation to be forfeited, and such corporation shall be dissolved, and its charter shall cease and determine; and in the case of such showing as to a foreign corporation, an action shall be begun by the attorney-general in said court against such corporation to determine the truth of such charge; and in case such charge shall be considered established, the effect of the judgment of the court shall be to deny to such corporation the recognition of its corporate existence in any court of law or equity in this State. But nothing in this section shall be construed to affect any right of action then existing against said corporation. § 3. 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, know

ingly 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 hundred dollars, and by imprisonment in the penitentiary not less than six months 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, 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. § 5. That any and all persons may be compelled to testify in any action or prosecution under this act: Provided, that such testimony shall not be used in any other action or prosecution against such witness or witnesses, and such witness or witnesses shall forever be exempt from any prosecution for the act or acts concerning which he or they testify. § 6. Nothing contained in this act shall be taken or construed to apply to any person or persons acting in the discharge of official duties under the laws of this State. § 7. All acts in conflict with this act be and the same are hereby repealed.

§ 210. South Dakota.-The latest legislation of South Dakota relating to monopolies and industrial trusts, is entitled "An act to enforce section twenty, of article seventeen, of the constitution of the State of South Dakota." The act was approved March 1st, 1897, and is as follows: Be it enacted by the legislature of the State of South Dakota: 1. That within the meaning of this act, a trust or a monopoly is a combination of capital, skill, or acts of two or more persons, firms, corporations or associations of persons; first, to create or carry out restrictions in trade; second, to limit the production, or to increase or reduce the price of commodities; third, to prevent competition in the

manufacture, transportation, sale or purchase of merchandise, produce or commodities; fourth, to fix any standard or figure whereby the price to the public shall be in any manner established or controlled, provided that nothing in this act shall be construed so as to include labor organizations. 2. That it shall be unlawful for any incorporated company, co-partnership or association of persons in this State, directly or otherwise, to fix prices, limit the production or regulate the transportation of any product or commodity, so as to obstruct, or delay or prevent competition in such production or transportation, or limit transportation of commodities, or to fix prices therefor. 3. That it shall be unlawful for any incorporated company, co-partnership or association of persons in any other State, to directly or otherwise combine, or make any contract, with any incorporated company, co-partnership or association of persons in this State to combine or make any contract to fix prices, limit the production of commodity, or regulate the transportation, directly or otherwise, of any product or commodity so as to obstruct or prevent competition, or limit transportation or to fix prices therefor. 4. Any person or persons, officers or servants of any company, co-partnership or association of persons, convicted of violating any provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, for the first offense, shall be fined not less than one thousand dollars, nor more than five thousand dollars, and upon conviction for the second offense, not less than five thousand dollars nor more than ten thousand dollars. 5. All fines recovered under this act shall be paid one-half to the person or persons aggrieved, and the other half shall be paid into the county treasury of the county in which the conviction may be made, to the credit of the general county fund of said county. 6. It shall be the special duty of the State's attorney of each county in the State, upon the affidavit of any person or persons aggrieved showing that any person or persons has violated any provision of this act, to make complaint and cause the arrest of such person or persons, and

to prosecute him or them to conviction, if proved to be guilty, and it shall be the duty of the attorney-general of the State, upon the request of any State's attorney for any county, to aid in the prosecution of actions under this act. 7. That all acts, or parts of acts, in conflict with this act are hereby repealed.

§ 211. Tennessee Law to Prohibit Conspiracies and Trusts. The first statute enacted by the legislature of Tennessee on this subject is entitled, "An act to prevent conspiracies and formation of trusts against legitimate trade and commerce, and to suppress illegal combinations against the same." It was approved April 6th, 1889, and is, as follows: § 1. Be it enacted by the General Assembly of the State of Tennessee that it shall not be lawful for any person or persons, or associations of persons or any corporation in this State, or doing business in this State, to form or agree to, or to conspire to form any trust, pool, or corner or combination, or any other arrangement or device, in or about any article of legitimate traffic, the production or manufacture or sale of such article that may injuriously affect, and for the purpose of injuriously affecting the legitimate trade and commerce of the country, or to limit the supply or production of said articles, whereby the price of such produce or manufactured articles or other articles of legitimate trade may be unduly depressed and put down, or unduly raised or increased, for the purpose of speculation, either by pooling or purchasing said articles for the purpose of withdrawing them from market to destroy legitimate competition, or to create a monopoly or corner in the same, or to produce an undue demand for the same, and that to unduly raise the price of said articles, or by throw-. ing the same on the market when so accumulated or purchased, for the purpose of creating an undue depression in the price of such article, and by such means to destroy or limit legitimate competition in the production, manufacture or sale of such articles, as by any other device or arrangement for such purpose. All such agreements, trusts, pools, corners and combinations are hereby prohibited: