"And on refusal to make oath in answer to said inquiry, or on failure to do so, within thirty days from the mailing thereof, the Secretary of State shall certify said fact to the Attorney General, and it shall be the duty of the Attorney General, at his earliest practical moment, in the name of the State and at the relation of the Attorney General, to proceed against said corporation, if a domestic corporation, for the recovery of the money forfeit provided for in this Act, and also for the forfeiture of its charter or certificate of incorporation. If a foreign corporation, to proceed against such corporation for the recovery of the money forfeit provided for in this Act, and to forfeit its right to do business in this State. Provided, that within sixty days after the passage of this Act, all foreign corporations desiring to do business in this State shall file a new bond, as the statutes direct; and such sureties and bondsmen shall be liable for the penalties and forfeitures, including costs, provided for in this Act. (Act Mar. 12, 1913.) SEC. 8. Whenever any proceedings shall be commenced in any court of competent jurisdiction in this State by the Attorney General against any corporation or corporations, individual or individuals, or association of individuals, or joint stock association or co-partnership under the law against the formation and maintenance of pools, trusts of any kind, monopolies or confederations, combinations or organizations in restraint of trade, to dissolve the same or to restrain their formation or maintenance in this State, or to recover the penalties in this Act provided, then, and in such case, if the Attorney General desire to take the testimony of any officer, director, agent or employee of any incorporation, or joint stock association proceeded against, or in case of a co-partnership any of the members of said partnership, or any employee thereof, in any court in which said action may be pending; and the individual or individuals whose testimony is desired are without the jurisdiction of this, or reside without the State of Arkansas, then in such case the Attorney General may file in said court in term time, or with the judge thereof in vacation, a statement, in writing setting forth the name or names of the persons or individuals whose testimony he desires to take, and the time when and the place where he desires said person to appear; and thereupon the court or judge thereof shall make an order for the taking of said testi mony of such person or persons, and for the production of any books, papers, documents in his possession or under his control relating to the merits of any suit, or to any evidence therein, shall appoint a commission for that purpose, who shall be an officer authorized by law to take depositions in this State, and said Commission shall issue immediately a notice in writing, directed to the attorney or attorneys of record in said cause, or agent. or officer, or other employee, that the testimony of the person named in the application of the Attorney General is desired, and requesting said attorney or attorneys of record, of said officer, agent or employee to whom said notice is delivered, and upon whom the same is served, to have said officer, agent, employee, representative of said co-partnership, or agent thereof, whose evidence is desired to take, together with such books, papers and documents, at the place named in the application, shall then and there testify. Provided, however, that such application shall always allow in fixing said time and same number of days' travel to reach the designated place in Arkansas that would be allowed by law in case of taking depositions; provided, also in addition to the above. named time, six days shall be allowed for the attorneys of record, or the agent, officer or employee on whom notice is served to notify the person or persons whose testimony is to be taken. Service of said notice as returned in writing may be made by any one authorized by law to serve subpoena. (Act Mar. 12, 1913.) SEC. 9. Whenever the persons mentioned in the preceding sections shall be notified as above provided, to request any officer, agent, director or employee to attend before any court, or before any person authorized to take the testimony in said proceedings, and the person or persons whose testimony is required as above provided, shall fail to appear and testify and produce any books, papers and documents, they may be ordered to procure by court, or the other office authorized to take such evidence, then it will be the duty of the court, upon motion of the Attorney General, to strike out the answer, motion, reply, demurrer or other pleading then or thereafter filed in said action or proceeding by the said corporation, joint stock association or co-partnership whose officer, agent. director or employee has neglected or failed to attend and testify and produce all books, papers and documents he or they shall have been ordered to produce in said action by the court or person authorized to take said testimony and said court shall proceed to render judgment by default against said co-partnership, joint stock association or corporation, joint stock association or co-partnership. And it is further provided, that in case of any officer, agent, employee, director or representative of any corporation, joint stock association or copartnership in such proceeding, as hereinbefore mentioned, who shall reside or be found within this State, shall be subpoenaed to appear and testify, or produce books, papers and documents and shall fail, neglect or refuse to do so, then the answer, motion, demurrer or other pleading then and thereafter filed by said corporation, joint stock association or co-partnership in any such proceeding, shall on motion of the Attorney General, be stricken out and judgment in said cause rendered against said corporation, joint stock association or copartnership. (Act Mar. 12, 1913.) SEC. 10. It will be the duty of the Attorney General to enforce the provisions of this Act. As compensation for his services in this behalf, the Attorney General shall be entitled to his actual expenses incurred in the prosecution of such suits, to be paid by the defendant or defendants when judgment is rendered for the State, to be taxed as costs by the court hearing the cause. (Act Mar. 12, 1913.) SEC. 11. In all suits instituted under this Act to forfeit the charter of corporations, or to forfeit the right of a corporation to do business in this State, where judgment of forfeiture is obtained, and the cause not appealed to the Supreme Court, the Circuit Court rendering such judgment shall allow the Attorney General, his actual expenses, to be paid out of the assets of said corporation. All actions authorized and brought under this Act shall have precedence on motion of the Attorney General, of all other business, civil and criminal, except criminal cases where the defendants are in jail. (Act Mar. 12, 1913.) COURT DECISIONS. Hammond Packing Co. v. State, 212 U. S., 322. State v. Lancashire Ins. Co., 66 Ark., 466; 45 L. R. A., 348. State v. Aetna Fire Ins. Co., 66 Ark., 480. CALIFORNIA. CONSTITUTION, 1879. ART. 12, SEC. 9. No corporation shall engage in any business other than that expressly authorized in its charter, or the law under which it may have been or may hereafter be organized; nor shall it hold for a longer period than five years any real estate except such as may be necessary for carrying on its business. STATUTES. [March 23, 1907.] CARTWRIGHT ANTI-TRUST LAW. SECTION 1. A trust is a combination of capital, skill or acts by two or more persons, firms, partnerships, corporations or associations of persons, or of any two or more of them for either, any or all of the following purposes: 1. To create or carry out restrictions in trade or com merce. 2. To limit or reduce the production, or increase the price of merchandise or of any commodity. 3. To prevent competition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity. 4. To fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, barter. use or consumption in this state. 5. To make or enter into or execute or carry out any contracts, obligations or agreements of any kind or description, by which they shall bind, or have bound themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard fig ure or fixed value, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article, commodity or transportation between them or themselves and others, so as to directly or indirectly preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transportation of any such article or commodity, that its price might in any manner be affected. Every such trust as is defined herein, is declared to be unlawful, against public policy and void, provided that no agreement, combination or association shall be deemed to be unlawful or within the provisions of this act, the object and business of which are to conduct its operations at a reasonable profit or to market at a reasonable profit those products which cannot otherwise be so marketed, provided further, that it shall not be deemed to be unlawful, or within the provisions of this act, for persons, firms, or corporations engaged in the business of selling or manufacturing commodities of a similar or like character, to employ, form, organize or own any interest in any association, firm or corporation, having as its object or purpose the transportation, marketing or delivery of such commodities. (As amended by L. 1909, c. 362.) SEC. 2. For a violation of any of the provisions of this act by any corporation or association mentioned herein, it shall be the duty of the attorney-general or the district attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state. SEC. 23. It shall be lawful to enter into agreements or form associations or combinations, the purpose and effect of which shall be to promote, encourage or increase competition in any trade or industry, or which are in furtherance of trade. (Added, L. 1909, c. 362.) |