or corporation holding or applying for a beer wholesaler's permit or in the business thereof. The transfer, sale, acquisition, assignment, or control of or beneficial interest, directly or indirectly, in or to such permit to sell at wholesale, or in the business thereof, or in the corporate stock thereof, contrary to the foregoing provisions and/or the transfer, assignment, or entry of any transfer or assignment upon the capital stock book or upon a corporate record of a corporation holding a beer wholesaler's permit, of said capital stock or any part thereof, shall be wholly void and not capable of validation. It shall likewise constitute a violation of the foregoing provisions to employ or use the ownership or control of any corporation as a means or subterfuge to enable any nonresident to own or control or acquire any interest in any said wholesaler's permit to sell alcoholic malt beverages in this State. The commission may revoke any such permit on account of noncompliance with or violation of any of the provisions of this section.

Section 12-514 provides that no person holding a manufacturer's or distiller's permit may own, acquire, or possess any permit to wholesale alcoholic spirituous beverages; nor have any interest, direct or indirect, in the business conducted by any permittee of such beverages at wholesale or retail; nor sell alcoholic vinous or malt beverages at wholesale or retail. It shall be unlawful for any executive officer of any manufacturer or distiller permittee, or any agent or other person under their control, to own, acquire, possess, or cause to be transferred to him, any shares of stock of any corporation holding a permit to sell alcoholic spirituous or vinous beverages at retail in the State. Nor shall any manufacturer or distiller permittee own, acquire, or possess any interest in any retailer's permit to sell alcoholic, spirituous, malt or vinous beverages within this State, or own or acquire any interest, directly or indirectly, in the business being conducted thereunder, or in or to any shares of stock in any corporation owning the permit to retail the same. Section 12-515 makes provisions for rectifier permittees similar to the above provisions for manufacturer or distiller permittees.

Section 12-641 provides that no manufacturer or other permittee authorized to sell or deliver alcoholic beverages shall give, supply, furnish, or grant, directly or indirectly, to any holder of a retailer's or dealer's permit, or holders of such permits shall receive or accept, either directly or indirectly from any such manufacturer or other permittee authorized to sell or deliver alcoholic beverages, any sign, poster, or advertisement, for use or intended to be used outside of or on the exterior portion or surface of such dealer's or retailer's establishment, or own any building or buildings situated thereon or

connected therewith, or own any premises adjacent thereto. Whosoever shall violate any of the provisions of this subsection shall be fined not less than $5 nor more than $300, and each and every day during any part of which any violation of this subsection shall continue shall be deemed to constitute a separate and distinct offense.

Section 12-907 provides for a complete separation of the ownership and interest of beer or liquor retailer and dealer permits from beer and/or liquor wholesaler, rectifier, distiller, or brewer permits; and forbids the attainment of any financial interest whatsoever in or to any of the last said permits or in or to the business thereof by any means whatsoever including any participating interest, title, or device or trusteeship or otherwise. The above same disabilities are made applicable to beer or liquor wholesaler permittees with reference to beer or liquor retailer or dealer permits or the business conducted thereunder. No person shall directly or indirectly aid, abet, connive at or assist in acting as an instrumentality for, or trustee for, any holder of such wholesaler's permit or retailer's permit or dealer's permit contrary to the last above provision.

Section 12-915 provides that no brewer's permit or beer wholesaler's permit shall be issued to any person holding, or having a direct or indirect financial interest in, any alcoholic spirituous beverage permit of any kind, character, or class as in this act defined; and the holding of or direct or indirect financial interest in, any such alcoholic spirituous beverage permit by any person to whom a brewer's permit or beer wholesaler's permit shall have been issued, either at the time of such issuance, or at any time thereafter, shall be grounds for revocation of such brewer's permit or beer wholesaler's permit, and the same shall forthwith be revoked. Section 12-916 (p) provides similar disabilities for manufacturer, distiller, or rectifier permittees of alcoholic spirituous beverages with respect to any alcoholic malt beverage permits.

Section 12-922 provides that whoever shall violate any of the prohibitions of this act, for which no specific penalty has been provided, shall be guilty of a misdemeanor and, on conviction, shall be fined in any sum not less than $25 nor more than $300, to which may be added imprisonment for any period not exceeding sixty days.

2. Public Contract Provisions

Stat. Ann. (Burns, 1933)

Sections 23-118 to 23-127 provide that all schemes, to limit or restrict bidding on contracts for private or public work, or in any manner to combine or conspire to restrict free competition for the

letting of any such contract, are illegal. The principal who lets a contract shall not be liable upon it if the party to whom it was let was a party to collusion or fraud among the bidders. Violation of the act constitutes a misdemeanor and it is the duty of the attorney general to institute proceedings to restrain and prosecute violations. Any person injured in his business or property by such violation may recover triple damages. See General Antitrust Laws, supra.

Printing

Section 63-1608 provides that a bidder on a contract for public printing must file an affidavit that he has not entered into any agreement to fix the amount of any bid. See Government Purchasing in projected study.

Municipal School Contracts

Section 28-2317 provides that the Board of School Commissioners of a municipality, when it has reason to suspect that there has been collusion among bidders upon contracts for school or library improvements, may reject the bids of all those a party to such collusion. See Government Purchasing in projected study.

3. Anticoercive Financing Statutes

Stat. Ann. (Burns, Supp. 1939)

Sec. 58-901. Definitions. In this act, unless the context or subjectmatter otherwise requires:

The term "retail instalment sale," or the plural thereof, means and includes every retail contract to sell specific goods and every retail sale of specific goods to any person:

(a) In which the cash price of the gods is not in excess of fifteen hundred dollars ($1,500), and may be paid in instalments over a period of time, and,

(b) In which the seller has taken or retained a security interest in the goods.

The term "person" includes a corporation or partnership or [of] two (2) or more persons having a joint or common interest.

The term "goods" includes all chattels personal other than money, things in action, emblements, industrial growing crops, things so affixed to the land as to become a part thereof, or things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

The term "specific goods" means goods identified and agreed upon at the time a contract to sell or a sale is made.

The term "retail" means to dispose of specific goods to, or to acquire specific goods by, a person who may consume such goods for his personal use.

The term "buyer" means a person who buys or agrees to buy goods, or any legal successor in interest of such person.

The term "retail buyer" means a buyer who is a party to a retail instalment sale, or any legal successor in interest of such person, and includes any person who as surety, indorser or guarantor or otherwise is liable on the obligation created by any retail buyer on any retail instalment contract.

The term "seller" means a person who sells or agrees to sell goods. The term "retail seller" means a seller who is a party to a retail instalment sale.

The term "cash price" means the price, measured in dollars, agreed upon in good faith by the parties for the specific goods which are the subject-matter of any retail instalment sale.

The term "retail instalment contract" means any written instrument, lawful under this act, which is executed in connection with any retail instalment sale and is required by section two (sec. 58-903) hereof, and the term may include all such instruments executed in connection with any retail instalment sale.

The terms "contract to sell," "sale," and "conditional sale" shall have the same meaning in this act as they are respectively defined in the Uniform Sales Act and Uniform Conditional Sales Act.

The term "conditional sales contract" means any written instrument evidencing a conditional sale.

The term "bank or trust company" means any national banking association formed under the laws of the United States with its principal office located in this state and doing business herein and any bank or trust company, any bank of discount and deposit, loan and trust and safe deposit company or trust company organized and doing business under the provisions of any law of this state. The term "department" means "The Department of Financial Intitutions."

The term "manufacturer" means a person who is engaged, directly or indirectly, in the manufacture or distribution of specific goods which may become the subject-matter of a retail instalment sale in this state.

The term "finance charge" means any consideration which the retail buyer contracts to pay the retail seller for the privilege of paying the principal balance in instalments over a period of time. The term "security interest" means a property interest in goods which are the subject-matter of a retail instalment sale, limited in

extent to securing performance of some obligation of the retail buyer or of some third person to the retail seller and includes the interest of a mortagagee of the goods and title to the goods whether or not expressed to be absolute, whenever such title is, in substance, retained for security only (Acts 1935, ch. 231, sec. 1, p. 1206).

Sections 58-902 to 58-914 provide the formal requirements which retail instalment sales contracts must meet, regulate finance charges, limit the amount of debt and charges, and provide for the licensing of persons engaged in the business of purchasing retail instalment

contracts.

Sec. 58-915. Revocation of license. The department is hereby authorized to revoke or suspend any license issued under this act, if, after hearing, it finds:

(a) That the licensee has refused to permit the department to make any examination authorized hereunder or has failed to pay the cost of any examination made by the department or the annual license fee required hereby or any penalty assessed by the department against the licensee, or

(b) That the licensee has wilfully failed to comply with any rule or regulation of the department lawfully made hereunder, or (c) That the licensee has wilfully violated any provision of this act, or any rule or regulation of the department lawfully made hereunder, or

(d) That the licensee has wilfully avoided or attempted to avoid the operation or effect of this act by purchasing any retail instalment contract or contracts at a less price than the unpaid balance thereon or by entering into any agreement, combination, or understanding, express or implied, with any retail seller the effect of which agreement, combination, or understanding may be to avoid or attempt to avoid the operation or effect of this act.

The department shall give any licensee whose license it proposes to revoke ten (10) days' notice in writing of the contemplated action and of the general grounds there for. Before the license is revoked or suspended, the licensee shall be given reasonable opportunity to be heard. Licensee [license] may be revoked or suspended only by written order. If the department finds that the grounds for revocation or suspension of the license are applicable only to one branch or some branches operated by the licensee, it may revoke or suspend the license as to that branch or those branches only, or it may revoke the right of the licensee to do business as a licensee in this state. No revocation or suspension or surrender of

'The commas following the words "understanding" and "implied" and the bracketed word "license" were inserted by the secretary of state.