MINNESOTA.

STATUTES.

No person or association of persons shall enter into any pool, trust agreement, combination or understanding whatsoever with any other person or association, corporate or otherwise, in restraint of trade, within this state, or between the people of this or of any other state or country, or which tends in any way or degree to limit, fix, control, maintain or regulate the price of any article of trade, manufacture or use bought and sold within the state, or which limits or tends to limit the production of any such article, or which prevents or limits competition in the purchase and sale thereof, or which tends or is designed so to do. Every person violating any provision of this section, or assisting in such violation, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment in the state prison for not less than three nor more than five years. (Sec. 5168.)

Every domestic corporation which shall, directly or indirectly, violate any provision of section 5168, or which shall in any way assist in carrying out any of the purposes of such illegal pool, trust agreement, combination or understanding, in addition to the penalties imposed upon the members thereof by said section, shall forfeit all its corporate franchises; and every foreign corporation admitted to transact business in this state, guilty of like conduct, shall thereafter be prohibited from continuing its business therein. The attorney-general and the several county attorneys shall begin and conduct, in the district court, all actions and proceedings necessary to enforce the provisions of this section, and any citizen may do so. Said court, by injunction or restraining order, may prohibit the transaction of business by such corporation pending the trial of such action. (Sec. 5170.) See also L. 1907, c. 269.

COURT DECISIONS.

Cornelius G. Kolff v. St. Paul Fuel Exchange et al., 48 Minn., 215.

Bohn Manufacturing Co. v. W. G. Hollis et al., 54 Minn., 223.

Ertz v. Produce Exchange Co., 82 Minn., 173; 51 L. R. A.. 825.

Minnesota v. Northern Securities Co., 123 Fed., 692. Berryhill. St. Paul Gaslight Co., 100 N. W., 216. Espenson v. Koepke. 93 Minn., 278; 101 N. W.. 168.

MISSISSIPPI.

CONSTITUTION.

SEC. 198. The legislature shall enact laws to prevent all trusts, combinations, contracts, and agreements inimical to the public welfare.

[Adopted, November 1, 1890.]

STATUTES.

Section 5002 of Mississippi Code of 1906, as amended by L. 1908, c. 119, section 1, provides:

A trust and combine is a combination, contract, understanding, or agreement, expressed or implied, between two or more persons, corporations or firms, or associations of persons, or between one or more of either with one or more of the others:

(a) In restraint of trade;

(b) To limit, increase or reduce the price of a commodity;

(c) To limit, increase or reduce the production or output of a commodity;

(d) Intended to hinder competition in the production, importation, manufacture, transportation, sale or purchase of a commodity;

(e) To engross or forestall a commodity;

(f) To issue, own or hold the certificate of stock of any trust or combine;

(g) To place the control, to any extent, of business or the products and earnings thereof, in the power of trustee, by whatever name called;

(h) By which any other persons than themselves, their proper officers, agents and employees shall, or shall have the power to, dictate or control the management of business; or

(i) To unite or pool interests in the importation, manufacture, production, transportation, or price of a commodity; and is inimical to the public welfare, unlawful and a criminal conspiracy.

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Any corporation organized under the laws of this or any other state, or country, and transacting or conducting any kind of business in this state, or any partnership or individual, or other association of persons whatever, who are now, or shall hereafter create, enter into, or become a member of, or party to, any pool, trust, combine, agreement, combination, confederation or understanding, whether the same is made in this state or elsewhere, with any other corporation, partnership, individual, or with any other person, or association of persons, to regulate or fix in this state the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning or tornado, or to maintain said price when so regulated or fixed, or who are now, or shall hereafter enter into, become a member of or party to, any pool, agreement, contract, combination, association or confederation, whether made in this state or elsewhere, to fix or limit in this state the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premiums to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado, or any other kind of policy issued by any corporation, partnership, individual, or association of persons aforesaid, shall be deemed and adjudged guilty of a conspiracy to defraud, and subject to the penalties as provided by chapter 145, of the Code of 1906.

Any corporation, domestic or foreign, or individual, partnership or association of persons whatsoever;

(j) Who shall restrain, or attempt to restrain the freedom of trade or production;

(k) Or who shall monopolize or attempt to monopolize the production, control or sale of any commodity, or the prosecution, management or control of any kind, class or description of business;

(1) Or who shall engross or forestall, or attempt to engross or forestall any commodity;

(m) Or who shall destroy or attempt to destroy competition in the manufacture or sale of a commodity, by selling or offering same at a price below the normal cost of production;

(n) Or who shall destroy or attempt to destroy competition in the manufacture or sale of a commodity, by selling or offering the same for sale at a lower price at one place in this state than another, differences of freight and other necessary expenses of sale and delivery considered;

(0) Or who shall destroy or attempt to destroy competition by rendering any service or manipulating, handling or storing any commodity for a less price in one locality than in another, the differences in the necessary expenses of carrying on the business considered.

Shall be deemed and held a trust and combine within the meaning and purpose of this act, and chapter 14 of the code of 1906, and shall be liable to the pains, penalties, fines, forfeitures, judgments and recoveries denounced against trusts and combines in said chapter 145 of the code of 1906, and shall be proceeded against in manner and form therein provided, as in case of other trusts and combines. And it shall be sufficient to make out a prima facie case of a violation of subdivision "n hereof to show a sale or offer of sale of commodity at a lower price at one place in this state than another, or a violation of subdivision "o" to show a lower charge for the services therein mentioned in one locality than another.

L. 1908, c. 119, Sec. 2, provides:

"No right, liability, pain, penalty, forfeiture, fine or suit, prosecution, or offense committed, under laws existing prior to this amendment, of said section 5002 of the code of 1906, shall be in any wise remitted, released, taken away or affected by such amendment, but the same shall be asserted, prosecuted, declared, inflicted, imposed, proceeded with and adjudged according to the law in force prior to this amendment."

Section 5003 of the Mississippi Code of 1906 provides: "Every contract or agreement to enter into or pursue any trust and combine, and every contract or agreement made by another with any trust and combine, or with any member of a trust and combine, for any purpose relative to the business of such trust and combine, is void, and cannot be enforced in any court."

Section 5004, of the Mississippi Code of 1906, as amended by L. 1910, c. 222, provides:

Any person, corporation, partnership, firm or association, or any representative or agent thereof, violating