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or transportation at a fixed or graded figure, or by which they shall in any manner affect or maintain the price of any commodity or article or the cost of transportation or insurance or the cost of the preparation of any product for market 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 business of transportation or insurance or the preparation of any product for market or transportation, or by which they shall agree to pool, combine, or unite any interest they may have in connection with the sale or purchase of any article or commodity or charge for transportation or insurance or charge for the preparation of any product for market or transportation whereby its price or such charge might be in any manner affected.
6. To regulate, fix, or limit the output of any article, or commodity which may be manufactured, mined, produced, or sold, or the amount of insurance which may be undertaken, or the amount of work that may be done in the preparation of any product for market or transportation.
7. To abstain from engaging in or continuing business or from the purchase or sale of merchandise, produce, or commodities partially or entirely within the State of Texas, or any portion thereof.
SEC. 2. That a monopoly is a combination or consolidation of two or more corporations when affected in either of the following methods:
When the direction of the affairs of two or more corporations is in any manner brought under the same management or control for the purpose of producing, or where such common management or control tends to create a trust as defined in the first section of this act.
2. Where any corporation acquires the shares or certificates of stock or bonds, franchise or other rights, or the
physical properties, or any part thereof, of any other corporation or corporations, for the purpose of preventing or lessening, or where the effect of such acquisition tends to affect or lessen competition, whether such acquisition is accomplished directly or through the instrumentality of trustees or otherwise.
Sec. 3. That either or any of the following acts shall constitute a conspiracy in restraint of trade:
1. Where any two or more persons, firms, corporations, or associations of persons who are engaged in buying or selling any article of merchandise, produce, or any commodity, enter into an agreement or understanding to refuse to buy from or sell to any other person, firm, corporation, or association of persons any article of merchandise, produce, or commodity.
2. Where any two or more persons, firms, corporations, or associations of persons shall agree to boycott or threaten to refuse to buy from or sell to any person, firm, corporation, or association of persons for buying from or selling to any other person, firm, corporation, or association of persons.
SEC. 4. Any and all trusts, monopolies, and conspiracies in restraint of trade as herein defined, are hereby prohibited and declared to be illegal.
SEC. 5. 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.
SEC. 6. For a violation of any of the provisions of this Act, or any anti-trust laws of this state, by any corporation, it shall be the duty of any judge or court to institute suit or quo warranto proceedings in Travis County or at the county seat of any county in the state which the attorneygeneral may select, for the forfeiture of its charter rights and franchises, and the dissolution of its corporate existence,
and for such purposes, venue is hereby given to each district court in the State of Texas. (As amended by Acts of 1909, p. 281.)
SEC. 7. When a corporation organized under the laws of this state shall have been convicted of a violation of any of the provisions of this act, and its charter and franchise has been forfeited, as provided in Section 5, no other corporation to which the defaulting corporation may have transferred its properties and business, or which has assumed the payment of its obligations, shall be permitted to incorporate or do business in Texas.
SEC. 8. Every foreign corporation violating any of the provisions of this act is hereby denied the right, and is 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 proceedings in the district court of Travis County, in the name of the State of Texas.
SEC. 9. The provision of Chapter 92 of the Revised Statutes of this state of 1895, to prescribe the remedy and regulate the proceedings by quo warranto, etc., shall, except in so far as they conflict herewith, govern and control the proceedings when instituted to forfeit any charter under this act.
SEC. 10. When any foreign corporation has been convicted of a violation of any of the provisions of this act, and its right to do business in this state has been forfeited, as provided in Section 8 of this act, no other corporation to which the defaulting corporation may have transferred its properties and business, or which has assumed the payment of its obligations, shall be permitted to incorporate or do business in Texas.
SEC. 11. Each and every firm, person, corporation, or association of persons, who shall in any manner violate the
provisions of this Act shall for each and every day that such violation shall be committed or continued, forfeit and pay a sum of not less than fifty nor more than fifteen hundred dollars, which may be recovered in the name of the State of Texas, in the district court of any county in the State of Texas, and venue is hereby given to such district courts; provided, that when any such suit shall have been filed in any county and jurisdiction thereof acquired, it shall not be transferred to any other county except upon change of venue allowed by the court, and it shall be the duty of the attorneygeneral, or the district or county attorney, under the direction of the attorney-general, to prosecute for the recovery of the same, and the fees of the district or county attorney for representing the state in all anti-trust proceedings, or for the collection of penalties for the violation of the antitrust laws of this state, shall be 10 per cent. of the amount collected up to and including the sum of fifty thousand dollars, to be retained by him when collected, and all such fees which he may collect shall be over and above the fees allowed under the general fee bill; provided, that the provisions of this act as to the fees allowed the prosecuting attorney shall not apply to any case in which judgment has heretofore been rendered in any court nor to any moneys to be hereafter collected upon any such judgment heretofore rendered in any court, whether such judgment or judgments are pending upon appeal or otherwise; and provided, further, that the district or county attorney who joins in the institution or prosecution of any suit for the recovery of penalties for a violation of any of the anti-trust laws of this state, who shall, previous to the collection of such penalties, cease to hold office, he shall be entitled to an equal division with his successor of the fee collected in said cause, and in case of the employment of special counsel by any such district or county attorney, the contract so made shall be binding upon such
prosecuting officer making such contract and thereafter retiring from office; provided, further, that in case any suit is compromised any final judgment in the trial court is had, then the fees herein provided for shall be reduced one-half. (As amended by Acts of 1909, pp. 281-2.)
SEC. 12. Any contract or agreement in violation of the provisions of this act shall be absolutely void and not enforceable either in law or equity.
SEC. 13. And in addition to all other penalties and forfeitures herein provided for, every person violating the provisions of this act shall be further punished by imprisonment in the penitentiary not less than two nor more than ten years.
SEC. 14. In prosecutions for the violation of any of the provisions of this act, evidence that any person has acted as the agent of a corporation in the transaction of its business in this state shall be received as prima facie proof that his act in the name, behalf, or interest of the corporation of which he was acting as the agent, was the act of the corporation.
SEC. 15. Upon the application of the attorney-general or of any of his assistants, or of any district or county attorney, acting under the direction of the attorney-general, made to any county judge, or any justice of the peace, in this state, stating that he has reason to believe that a witness, who is to be found in the county in which such county judge or justice of the peace is an officer, knows of a violation of any of the provisions of this act, it shall be the duty of the county judge, or of the justice of the peace, as the case may be, before whom such application is made, to have summoned and to have examined such witness in relation to violations of any of the provisions of this act, said witness to be summoned as provided for in criminal cases. The said witness shall be duly sworn, and the county judge, or justice of the peace, as the case may be, shall cause the statements of the