make exclusive marketing agreements with its members for a period not exceeding ten years for all or any part of their agricultural commodities and that such marketing agreements shall not be considered illegal, as such, or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose. See Exceptions to General Antitrust Laws, supra. See also Vol. Cooperatives in projected study. Pools, Trusts The final allegation of the prescribed "antitrust affidavit" denies any arrangement to deal in any article or commodity to the exclusion in whole or in part of any competing article, product, or commodity. See section 8728, General Antitrust Laws, supra. Tying Contracts. Judicial Decisions An agreement between the publishers and carriers of a newspaper that as a condition of being retained the carriers must agree not to carry papers for a named competitor did not violate the antitrust law. Staroske v. Pulitzer Publishing Co., 235 Mo. 67, 138 S. W. 36 (1911). Exclusive Dealing Arrangements. Where plaintiff had been granted the exclusive right to sell automatic oil burners within an area, and the vendor had promised to "use due diligence to protect the territory covered by the said contract," plaintiff was entitled to injunctive relief to prevent others from selling oil burners made by the vendor. Nokol Co. of Missouri v. Becker et al., 318 Mo. 292, 300 S. W. 1108 (1927). A contract that A will provide B with all the ice cream he needs in his business for 3 years and that B will buy all his ice cream from A is a valid contract. Banner Creamery Co. v. Judy, 47 S. W. (2d) 129 (1932). A similar contract as to all petroleum products, unlimited as to time, is valid. Cantrell v. Knight, 72 S. W. (2d) 196 (1934). Where a dealer was granted the sole right to vend a patented article in eight States and Territories during the life of the patent and agreed not to sell any similar articles during that period, the contract was upheld, the court saying: "Patented inventions and secrets of art or trade not patentable, are not within the purview 210235-40-vol. 1-32 of the rule against restraint of trade." Standard Fireproofing Co. v. St. Louis Expanded Metal Fireproofing Co., 177 Mo. 559, 76 S. W. 1009 (1903). An agreement by one learning a system of hair treatment from another to use only the latter's system of treatment and products, with no limitation as to time or place, is void as in restraint of trade. Pope-Turnbo v. Bedford, 147 Mo. App. 692, 127 S. W. 426 (1910). A contract by a railroad with a ferry company that the latter should have the exclusive right to do all ferry business for the former at a given point without limit as to time was not invalid as a restraint on trade. Wiggins Ferry Co. v. Chicago & Alton Railroad Co., 73 Mo. 389 (1881). MONTANA I. TRUSTS, COMBINATIONS, AND MONOPOLIES A. GENERAL ANTITRUST LAWS CONSTITUTIONAL PROVISIONS Const. Art. XV, Sec. 20. No corporation, stock company, person, or association of persons, in the State of Montana, shall directly, or indirectly, combine or form what is known as a trust, or make any contract with any person, or persons, corporation, or stock company, foreign or domestic, through their stockholders, trustees, or in any manner whatever, for the purpose of fixing the price, or regulating the production of any article of commerce, or of the product of the soil, for consumption by the people. The legislative assembly shall pass laws for the enforcement thereof by adequate penalties to the extent, if necessary for that purpose, of the forfeiture of their property and franchises or in case of foreign corporations, prohibiting them from carrying on business in the State. STATUTORY PROVISIONS Rev. Codes Ann. (Anderson & McFarland, 1935) Sec. 10901. Unlawful trusts and monopolies-Penalty.-Every person, corporation, stock company, or association of persons in this State, who, directly or indirectly, combine or form what is known as a trust, or make any contract with any person or persons, corporation, or stock companies, foreign or domestic, through their stockholders, directors, officers, or in any manner whatever, for the purpose of fixing the price or regulating the production of any article of commerce the phrase "articles of commerce," as herein employed, shall and does include not only those articles which are generally, popularly, and legally known as articles of commerce, but also gas, water, water power; electric light and electric power for whatever purpose used or employed-or of the product of the soil for consumption by the people, or to create or carry out any restriction in of the rule against restraint of trade." Standard Fireproofing Co. v. St. Louis Expanded Metal Fireproofing Co., 177 Mo. 559, 76 S. W. 1009 (1903). An agreement by one learning a system of hair treatment from another to use only the latter's system of treatment and products, with no limitation as to time or place, is void as in restraint of trade. Pope-Turnbo v. Bedford, 147 Mo. App. 692, 127 S. W. 426 (1910). A contract by a railroad with a ferry company that the latter should have the exclusive right to do all ferry business for the former at a given point without limit as to time was not invalid as a restraint on trade. Wiggins Ferry Co. v. Chicago & Alton Railroad Co., 73 Mo. 389 (1881). MONTANA I. TRUSTS, COMBINATIONS, AND MONOPOLIES A. GENERAL ANTITRUST LAWS CONSTITUTIONAL PROVISIONS Const. Art. XV, Sec. 20. No corporation, stock company, person, or association of persons, in the State of Montana, shall directly, or indirectly, combine or form what is known as a trust, or make any contract with any person, or persons, corporation, or stock company, foreign or domestic, through their stockholders, trustees, or in any manner whatever, for the purpose of fixing the price, or regulating the production of any article of commerce, or of the product of the soil, for consumption by the people. The legislative assembly shall pass laws for the enforcement thereof by adequate penalties to the extent, if necessary for that purpose, of the forfeiture of their property and franchises or in case of foreign corporations, prohibiting them from carrying on business in the State. STATUTORY PROVISIONS Rev. Codes Ann. (Anderson & McFarland, 1935) Sec. 10901. Unlawful trusts and monopolies-Penalty.-Every person, corporation, stock company, or association of persons in this State, who, directly or indirectly, combine or form what is known as a trust, or make any contract with any person or persons, corporation, or stock companies, foreign or domestic, through their stockholders, directors, officers, or in any manner whatever, for the purpose of fixing the price or regulating the production of any article of commerce the phrase "articles of commerce," as herein employed, shall and does include not only those articles which are generally, popularly, and legally known as articles of commerce, but also gas, water, water power; electric light and electric power for whatever purpose used or employed-or of the product of the soil for consumption by the people, or to create or carry out any restriction in |