MARYLAND.

CONSTITUTION.

ART. 41. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered.

139

MASSACHUSETTS.

STATUTES.

1907.

SECTION 1. No person, firm, corporation or association shall insert in or make it a condition or provision of any sale or lease of any tool, implement, appliance or machinery that the purchaser or lessee thereof shall not buy, lease or use machinery, tools, implements or appliances or material or merchandise of any person, firm. corporation or association other than such vendor, or lessor; but this provision shall not impair the right, if any, of the vendor or lessor of any tool, implement, appliance or machinery protected by a lawful patent right vested in such vendor or lessor to require by virtue of such patent right the vendee or lessee to purchase or lease from such vendor or lessor such component and constituent parts of said tool, implement, appliance or machinery as the vendee or lessee may thereafter require during the continuance of such patent right: Provided, that nothing in this act shall be construed to prohibit the appointment of agents or sole agents to sell or lease machinery, tools, implements or appliances.

SEC. 2. Any person, firm, corporation or association, or the agent of any such person, firm, corporation or association, that violates the provisions of this act shall be punished for each offence by a fine not exceeding five thousand dollars.

All leases, sales or agreements therefor hereafter made in violation of any of the provisions of this act shall be void as to any and all of the terms or conditions thereof in violation of said provisions. [Approved June 1, 1907.]

1908.

Every contract, agreement, arrangement or combination in violation of the common law in that thereby a monopoly in the manufacture, production or sale in this

commonwealth of any article or commodity in common. use is or may be created, established or maintained, or in that thereby competition in this state in the supply or price of any such article or commodity is or may be restrained or prevented, or in that thereby, for the purpose of creating, establishing or maintaining a monopoly within this state of the manufacture, production or sale of any such article or commodity, the free pursuit in this state of any lawful business, trade or occupation is or may be restrained or prevented is hereby declared to be against public policy, illegal and void. (L. 1908, c. 454, Sec. 1.)

The attorney-general, or, by his direction, a district attorney, may bring an action in the name of the commonwealth against any person, trustee, director, manager, or other officer or agent of a corporation, or against a corporation to restrain the doing in this commonwealth of any act herein forbidden or declared to be illegal, or any act in, toward or for the making or consummation. of any contract, agreement, arrangement or combination herein prohibited, wherever the same may have been made. The superior court shall have jurisdiction to restrain and enjoin any act herein forbidden or declared to be illegal. (Id., Sec. 2.)

In such action no person shall be excused from answering any questions that may be put to him, or from producing any books, papers, documents, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, but no person shall be prosecuted in any criminal action or proceedings, or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify, or produce evidence, documentary or otherwise, in any such action. (Id., Sec. 3.)

Nothing in section one of this act shall be construed as impairing, repealing, or superseding any statute of this commonwealth. (Id., Sec. 4.)

1911.

Upon written complaint on oath of the complainant filed in the supreme judicial court or in the superior court, alleging that any person, co-partnership or corporation has, in the county where such complaint is filed, entered into any contract, agreement, arrangement, com

bination or practice, whereby a monopoly in the manufacture, production, transportation or sale in this commonwealth of any article or commodity in common use is or may be created, established or maintained; or whereby competition in this commonwealth in the supply or price of any such article or commodity is or may be restrained or prevented; or whereby for the purpose of creating, establishing or maintaining a monopoly within this commonwealth of the manufacture, production. transportation or sale of any such article or commodity. the free pursuit in this state of any lawful business, trade or occupation is or may be restrained or prevented; or whereby the price of any article or commodity in common use is or may be unduly enhanced within this commonwealth; the court shall hear on oath the complainant and any witnesses produced by him. If it appears to the court that such contract, agreement, arrangement, combination or practice exists, the court shall issue an order of notice to the respondents to appear and show cause why the court should not appoint a master to hear and to make report on said complaint; and thereafter, if such cause be not shown, the court shall appoint a master who shall, in accordance with the established practice and rules in equity, hear the complainant and the respondents and their evidence upon the allegations of said complaint; and upon motion of the complainant, other persons, co-partnerships or corporations, within the jurisdiction of the court and appearing to the court to be necessary parties to the full examination of the allegations of said complaint, may upon proper notice be cited to appear as parties respondent. After such hearing the master shall make and file his report, and said parties may present their objections and exceptions thereto and prosecute the same in accordance with the rules of procedure in equity. Said final report of the master shall be filed by him within thirty days after the close of the hearing, unless further time is allowed by order of the court. (L. 1911, c. 503, Sec. 1.)

Masters may append to their reports made in accordance with the provisions of the preceding section, such recommendations to the parties as may be germane to. and warranted by their findings of fact or rulings of law, and as may tend to remove restraint or to prevent any ground of complaint alleged in said complaint and found by the master to be proven; but such recommendations