Provided, nothing herein contained shall be construed to prevent or interfere with parties engaged in legitimate trade and speculation. § 2. Be it further enacted that any person or persons or corporation violating the first section of this act, for the first offense, shall, on conviction, pay a fine of not less than two hundred and fifty dollars, and for the second offense a fine of not less than five hundred dollars,' and the attorney-general, for each conviction, shall have a taxed fee of fifty dollars, and shall have, in addition, fifty per cent. of the money actually received on such fine, and he shall prosecute all such cases, ex officio, without any other prosecutor, and the courts shall give this act in charge, and the grand jury shall have full inquisitorial power in such cases. § 3. Be it further enacted that no contract. made by any person or persons, or incorporations, whereby to carry out, or agree to carry out, any of the agreements or combinations enumerated in and prohibited in the foregoing act shall be enforced in any of the courts of this State, whether the same be made by citizens of this or any other State. § 4. Be it further enacted that any corporation, created or incorporated by or under the laws of this State, which violates any provisions of this act, shall thereby forfeit its corporate rights and franchises, and its corporate existence shall thereupon cease and determine, and it shall be the duty of the attorney-general of the State, of their own motion and without leave or order of any court or judge, to institute an action in behalf of the people and in the name of the State for the forfeiture of such rights and franchise, and the dissolution of such corporate existence, or any citizen of the State may institute such suit by proceedings in a court of chancery in the name of the State, and said corporations may be enjoined from violation of this act, pending such proceedings: Provided such citizen may not begin such proceedings without giving security for cost in such cases. This law was followed in 1891 by a statute which is supplementary to it. It is entitled, "An act to declare unlawful all trusts, pools, contracts, arrangements and combinations in the restraint

of trade, production, manufacture or sale, to fix the liability of and punish persons and corporations concerned therein." This act was approved March 30th, 1891, and is, as follows: § 1. Be it enacted by the General Assembly of the State of Tennessee that all trusts, pools, contracts, arrangements or combinations now existing or hereafter made with a view or which tend to prevent full and free competition in the production, manufacture or sale of any article of domestic growth, production or manufacture, or in the importation or sale of any article of domestic growth, production or manufacture, or in the importation or sale of any article growed, produced or manufactured in any other State or country, or which are designated or tend to fix, regulate, limit or reduce the price of any article of growth, production or manufacture, or which are designed or tend in a way to create a monopoly, are hereby declared to be unlawful, against public policy and void. § 2. Be it further enacted that all persons, entering into or continuing in any trust, pool, contract, arrangement, agreement or combination, either in his own account or as agent or attorney for another, or as an officer, agent or stockholder of any corporation, or in any capacity whatever, shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars, and imprisonment in the penitentiary not less than one (1) year nor more than five (5) years. § 3. Be it further enacted that all persons and corporations, and the officers and the stockholders of all corporations that shall become or continue to be members of, or in any way connected with, or concerned in any such trust, contract, agreement or combination, shall be jointly and severally liable to pay all the debts, obligations and liabilities of each and every person and corporation that may become or continue a member thereof, connected therewith or concerned therein, as fully as if all were partners in the creation of such debts, obligations and liabilities. § 4. Be it further enacted that if any corporation, organized under the laws

of this State, or any officer or stockholder thereof, as such, shall become or continue to be a member of any such trust, pool, contract, agreement, arrangement or combination, its charter shall become and be hereby forfeited, and it shall be the duty of the attorney-general of the county where the same is located, or having its principal office, to bring suit against such corporation in the circuit court of such county to have its said charter declared forfeited for that reason, and to wind up the same under the order of such courts. § 5. Be it further enacted that where action at law or suit in equity shall be commenced in any court of this State it shall be lawful in the defense thereof to plead in bar or in abatement of the action that the plaintiff or any other person or corporation interested in the prosecution of the action is a member or connected with and the cause of action grows out of some business or transaction with such trust, pool, contract, agreement, arrangement or combination, as described in the first section of this act. § 6. Be it further enacted that any person or corporation injured or damaged by any such trust, pool, contract, agreement, arrangement or combination may sue and recover fines in any court of competent jurisdiction double the amount of damages suffered by such person or corporation. § 7. Be it further enacted that upon the trial of any civil action against any corporation, person or co-partnership for a violation of any section of this act all officers, stockholders and agents of such corporation, person or co-partnership shall be competent witnesses against the defendant as such on trial, and such officers, stockholders and agents may be compelled to testify against such defendant, and produce all books and papers in their custody or control pertinent to the issues in such action at or before the time of trial, and shall not be excused from producing any books or papers, because the same might tend to criminate such witnesses, but nothing which such witness shall testify to and no books or papers produced by him shall in any manner be used against him in any criminal action to which he is a party. § 8. Be it further enacted that all acts and part of

acts of the General Assembly of the State of Tennessee in conflict with this act be and the same are hereby repealed. § 9. Be it further enacted that this act take effect from and after its passage, the public welfare requiring it.

§ 212. Texas Law for the Suppression of Trusts and the Promotion of Free Competition.—The original statute enacted by the legislature of the State of Texas was approved March 30th, 1889. It was entitled, "An act to define trusts, provide for penalties and punishment of corporations, persons, firms and associations of persons connected with them and to promote free competition in the State of Texas, and to repeal all laws and parts of laws in conflict with this act." In 1895 this act was amended. The amendment took effect April 30th, 1895. As amended the statute is, as follows: § 1. Be it enacted by the legislature of the State of Texas that a trust is a combination of capital, skill or acts by two or more persons, firms, corporations or association of persons, or either two or more of them, for either, any or all of the following purposes: 1. To create or carry out restrictions in trade or commerce, or aids to commerce, or to create or carry out restrictions in the full and free pursuit of any business authorized or permitted by the laws of this State. 2. To increase or reduce the price of merchandise, produce or commodities. 3. To prevent competition in manufacture, making, transportation, sale or purchase of merchandise, produce or commodities, or to prevent competition in aids to commerce. 4. To fix at 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. 5. 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 bound themselves not to sell, 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 the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale or transportation of any such article or commodity that its price might in any manner be affected. § 2. That any corporation holding a charter under the laws of the State of Texas 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. § 3. For a violation of any of the provisions of this act by any corporation mentioned herein it shall be the duty of the attorneygeneral or district attorney, or either of them, upon his own motion and without leave or order of any court or judge, to institute suit or quo warranto proceedings in Travis county, at Austin, or at the county seat of any county in the State where such corporation exists, does business or may have a domicile, for the forfeiture of its charter rights and franchise and the dissolution of its corporate existence. § 4. Every foreign corporation 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 to enforce this provision by injunction or other proper proceedings in the district court of Travis county, in the name of the State of Texas. § 5. That the provisions of chapter 48, general laws of this State, approved July 9th, 1879, to prescribe the remedy and regulate the proceedings by quo warranto, etc., shall, except in so far as they may conflict herewith, govern and control the proceedings when instituted to forfeit any charter under this act. § 6. If any person shall be or may become engaged in any combination of capital, skill or acts by two or more persons, firms, corporations or association of persons, or of either, two or more of them, for either, any