be allowed by the court trying such cause reasonable compensation for his services, and such allowances shall be paid as part of the costs and expenses of such prosecution. PERSON OR PERSONS DEFINED. 66 SEC. 10. The word " person or persons," whenever used in this act, shall be deemed to include corporations and associations, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, or of the United States, or of any state, territory or district of the United States, or of any foreign country. IMMUNITY OF WITNESSES. SEC. 11. Any person or officer, agent or employee of a corporation may be examined as a witness or a party, as in other cases, in any civil action instituted under the provisions of this act, and required to disclose all the facts relevant to the case within his knowledge, as before provided, but the testimony of such witness or party or any answer to any question propounded by him in such examination shall not be used against such witness or party in any criminal prosecution; provided, however, that such exemption shall be personal to such witness, and shall not exempt or render immune the corporation of which witness shall be an officer, agent or employee, and such corporation shall be liable for any violation of this act as if such officer, agent or employee had not so testified. ACT CUMULATIVE. SEC. 12. The provisions of this act shall be held cumulative of, or supplemental to, each other, and of all other laws in any way affecting them, or any matter which in any manner is the subject of this act in this state, and cumulative of and supplemental to the common law of this state relative thereto, or to any thereof. COURT DECISIONS. Sterling Remedy Co. v. Wyckoff, S. & B. 154 Ind. 437, 56 N. E. 911. Knight & Jillson Co. v. Miller, 172 Ind., 27. Chicago, etc., R. R. Co. v. Southern Indiana Ry. Co., 38 Ind. App., 234. Over v. Byram Foundry Co., 37 Ind. App., 452. IOWA. STATUTES. SEC. 5060. Any corporation organized under the laws of this or any other state or country for transacting or conducting any kind of business in this state, or any partnership, association or individual, creating, entering into or becoming a member of or a party to any pool, trust, agreement, contract, combination, confederation or understanding with any other corporation, partnership, association or individual, to regulate or fix the price of any article of merchandise or commodity, or to fix or limit the amount of quantity of any article, commodity or merchandise to be manufactured, mined, produced or sold in this state, shall be guilty of a conspiracy. SEC. 5061. No corporation shall issue or own trust certificates, and no corporation, nor any agent, officer, employee, director or stockholder of any corporation, shall enter into any combination, contract or agreement with any person or corporation, or with any stockholder or director thereof, for the purpose of placing the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees, with intent to limit or fix the price or lessen the production or sale of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article. SEC. 5062. Any corporation, company, firm, or association violating any of the provisions of the two preceding sections shall be fined not less than $500 nor more than $5,000; and any president, manager, director, officer, agent or receiver of any corporation, company, firm or association, or any member of any corporation, company, firm or association, or any individual, found guilty of a violation thereof, shall be fined not less than five hundred nor more than five thousand dollars, or be imprisoned in the county jail not to exceed one year or both. SEC. 5063. All contracts or agreements in violation of any provisions of the three preceding sections shall be void. SEC. 5064. Any purchaser of any article or commodity from any individual, company or corporation transacting business contrary to any provisions of the four preceding sections shall not be liable for the price or payment thereof, and may plead such provisions as a defense to any action for such price or payment. SEC. 5065. Any corporation created or organized by or under the law of this state, which shall violate any provision of the five preceding sections, shall thereby forfeit its corporate right and franchise, as provided in the next section. SEC. 5066. The secretary of state, upon satisfactory evidence that any company or association of persons incorporated under the laws of this state have entered into any trust, combination or association in violation of the provisions of the six preceding sections, shall give notice to such corporation that, unless it withdraws from and severs all business connection with said trust, combination or association, its articles of incorporation will be revoked at the expiration of thirty days from date of such notice. SEC. 5067. County attorneys, in their counties, and the attorney-general shall enforce the provisions of a public nature in the seven preceding sections, and any county attorney or the attorney-general securing a conviction under the provisions thereof 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 recovered. When the attorney-general and county attorney act in conjunction in the prosecution of any action under such provisions, they shall be entitled to one-fourth of the fine recovered, which they shall divide equally between them, where there is no agreement to the contrary. It shall be the duty of the grand jury to inquire into and ascertain if there exists any pool, trust or combination within their respective counties. That it shall be unlawful for any person, company, partnership, association or corporation owning or operating any business of buying, selling, handling, consigning or transporting any commodity or any article of commerce, to enter into any agreement, contract or combina tion with any other dealer or dealers, partnership, com pany, corporation or association of dealers, whether within or without the State, engaged in like business, for the fixing of the price or prices at which any commodity or any article of commerce should be sold by different dealers or sellers; or to divide between said dealers the aggregate or net proceeds of the earnings of such dealers and sellers, or any portion thereof; or to form, enter into, maintain, or contribute money or anything of value to any trust, pool, combination or association of persons. of whatsoever character or name, which has for any of its objects the prevention of full and free competition. among buyers, sellers or dealers in any commodity or any article of commerce; or to do or permit it to be done by his or their authority any act or thing whereby the free action of competition in the buying or selling of any commodity or any article of commerce is restrained or prevented. (33 G. A., Sec. 1.) That in case any person, company, partnership, corporation or association, trust, pool or combination of whatsoever name shall do, cause to be done, or permit to be done, any act, matter or thing in this act prohibited or declared to be unlawful, such person, partnership, company, association, corporation, trust, pool or combination shall be liable to the person, partnership, company, association or corporation injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act. (Id., Sec. 2.) That any person, partnership, company, association or corporation subject to the provisions of this act, or any person, trust, combination, pool or association, or any director, officer, lessee, receiver, trustee, employee, clerk, agent or any person acting for or employed by them, who shall violate any of the provisions of Section 1 of this act, or who shall aid and abet in such violation, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be fined any sum not less than five hundred dollars ($500) and not exceeding two thousand ($2,000) or imprisoned in the county jail for a period not exceeding six months, or both, at the discretion of the court. It shall be the duty of the grand jury to enquire into and ascertain if there exists any pool, trust, combination or violation of any provisions in this act, in their respective counties. (Id., Sec. 3.) See also chapter 169 of the Laws of 1906, relating to unfair commercial discrimination in petroleum products. EVIDENCE. SEC. 4612. But when the matter sought to be elicited would tend to render him criminally liable, or to expose him to public ignominy, he is not compelled to answer, except as provided in the next section. But in prosecutions against gaming, betting, lotteries, dealing in options, creating, entering into or becoming a member of, or a party to any pool, trust, agreement, contract, combination, confederation or understanding with any other corporation, partnership, association or individual to regulate or fix the price of any article of merchandise or commodity or to fix or limit the amount or quantity of any article, commodity or merchandise to be manufactured, mined, produced or sold in this state, and keeping gambling houses, or rooms for illegal use or disposal of intoxicating liquors, no witness shall be excused from giving testimony upon the ground that his testimony would tend to render him criminally liable or expose him to public ignominy; but any matter so elicited shall not be used against him, and said witness shall not be prosecuted for any crime connected with or growing out of the act on which the prosecution is based in the cause in which his evidence is used for the state, under the provisions of this section. (As amended by act April 19, 1913.) COURT DECISIONS. Beechley v. Mulville et al., 102 Ia., 602; 70 N. W. Rep., 107; 71 N. W. 428. Wilson v. Morse, 117 Iowa, 581; 91 N. W., 823. |