long-distance company to enforce a lien for services rendered, the court held that the contract was injurious to competition in a business affected with a public interest, and was therefore void at common law. Union Trust & Savings Bank of East St. Louis v. Kinloch Long-Distance Telephone Co. of Missouri, 258 Ill. 202, 101 N. E. 535 (1913). See also St. Louis C. C. Co. v. Postal Tel. of Ill., 173 Ill. 508, 51 N. E. 382 (1898). INDIANA I. TRUSTS, COMBINATIONS, AND MONOPOLIES A. GENERAL ANTITRUST LAWS CONSTITUTIONAL PROVISIONS No provisions. STATUTORY PROVISIONS Sec. 23-101. Contracts to prevent competition.-From and after the passage of this act, all arrangements, contracts, agreements, trusts, or combinations between persons or corporations who control the output of said [any] article of merchandise, made with a view to lessen, or which tend to lessen, full and free competition in the importation or sale of articles imported into this state, and all arrangements, contracts, agreements, trusts, or combinations between persons or corporations who control the output of said article of merchandise, designed, or which tend to advance, reduce, or control the price or the cost to the producer or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful and void. (Acts 1897, ch. 104, sec. 1, p. 159.) Sec. 23-102. Contracts to prevent competition-Violation by corporations-Penalty.-Any corporation chartered under the laws of this state which shall violate any of the provisions of this act shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and determine. Every foreign corporation which shall violate any of the provisions of this act is hereby denied the right to do, and is prohibited from doing, business in this state. It is hereby made the duty of the Attorney General of the state to enforce this provision by due process of law. (Acts 1897, ch. 104, sec. 2, p. 159.) 155 Sec. 23-103. Contracts to prevent competition-Violation by persons-Penalty.-Any violation of the provisions of this act shall be deemed, and is hereby declared to be, destructive of full and free competition and a conspiracy against trade, and any person or persons who may engage in any such conspiracy, or who shall, as principal, manager, director or agent, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates or orders made in furtherance of such conspiracy, shall, on conviction, be punished by a fine of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000), and by imprisonment in the penitentiary not less than one (1) year or more than ten (10) years, or, in the judgment of the court, by either such fine or such imprisonment. (Acts 1897, ch. 104, sec. 3, p. 159.) Sec. 23-104. Contracts to prevent competition-Persons affected by act. The persons designed by this act to be affected hereby are those who own, control or manufacture the output of any particular article of merchandise mentioned herein: Provided, however, That the provisions of this act shall not apply to agricultural products or livestock while in the possession of the producer or raiser. (Acts 1897, ch. 104, sec. 4, p. 159.) Sec. 23-105. Contracts to prevent competition-Damages recoverable. Any person or persons or corporations that may be injured or damaged by any such arrangement, contract, agreement, trust, or combination, described in section 1 (sec. 23-101) of this act, may sue for and recover, in any court of competent jurisdiction in this state, of any person, persons or corporation operating such trust or combination the full consideration or sum paid by him or them for any goods, wares, merchandise or articles the sale of which is controlled by such combination or trust. (Acts 1897, ch. 104, sec. 5, p. 159.) Sec. 23-106. Contracts to prevent competition-Instructions to grand juries. It shall be the duty of the judges of the circuit courts of this state specially to instruct the grand juries as to the provisions of this act. (Acts 1897, ch. 104, sec. 6, p. 159.) Sec. 23-107. Sale of supplies to dealers or mechanics-Combinations to prevent prohibited. Any person, firm, or association of persons who shall make any contract or enter into any agreement or make any combination or enter into any arrangement, directly or indirectly, to induce, procure or prevent any wholesale or retail dealer in or manufacturer of merchandise or of supplies or of material or articles intended for trade or used by any mechanic, artisan or dealer in the prosecution of his business from selling such supplies to any dealer or to any mechanic or artisan; and any dealer in or manufacturer of such supplies or material or article of trade or supplies or material to be used by any mechanic, artisan or dealer who shall be a party, directly or indirectly, to any such contract, combination or arrangement, or who shall, upon the request of any party to any such contract, combination or arrangement, refuse to sell such articles of trade, supplies or materials or articles sold by any dealer or used by any mechanic or artisan to any such person or persons who may require them in the prosecution of their said business, for the reason that said dealer, mechanic or artisan is not a member of a combination or association of persons, shall be guilty of conspiracy against trade. And all such contracts, agreements, combinations or arrangements shall be void and of no effect whatever in law. (Acts 1899, ch. 148. sec. 1, p. 257.) Sec. 23-108. Sale of supplies to dealers or mechanics-Penalty. Any person or persons, firm, or association of individuals, or any individual connected therewith, who shall be responsible for the making of any such contract, agreement, or combination or arrangement, or shall be a party to any such contract, combination or arrangement, or that shall take any part therein, as set out in section 1 (sec. 23-107) of this act, shall, upon conviction thereof in any court of competent jurisdiction, be punished by a fine of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000), to which may be added imprisonment in the county jail for any period not exceeding one (1) year. (Acts 1899, ch. 148, sec. 2, p. 257.) Sec. 23-109. Sale of supplies to dealers or mechanics-Forfeiture Suit.-Each and every person, firm, or association of persons who shall in any manner violate the provisions of this act shall, for each and every day that such violation shall be committed and continued after due notice given by the party interested (or the) Attorney General or prosecuting attorney, forfeit and pay the sum of fifty dollars ($50.00), which may be recovered in the name of the state on the relation of the party injured or on the relation of the prosecuting attorney in any county where the offense is committed or where the offender or offenders reside. And it shall be the duty of the prosecuting attorney of any county to prosecute any such action, and he shall be entitled to a fee of twenty-five dollars ($25.00), to be taxed against the defendant, in the event of recovery, as a part of the costs of said action. Any such action may be taken in any circuit or superior court of the county in which the defendant resides or in which he is engaged in business. (Acts 1899, ch. 148, sec. 3, p. 257.) Sec. 23-110. Sale of supplies to dealers or mechanics-Damages. Any person who shall, by any such contract or combination as set out in section 1 (sec. 23-107) of this act, be injured or damaged in his business thereby, or by reason of anything forbidden or declared by this act to be unlawful, may maintain a suit therefor in any court having jurisdiction thereof in the county where the defendant resides or in which he is engaged in business, or in any county where services may be obtained, without respect to the amount in controversy, and the plaintiff in any such action shall be entitled to recover all his costs and a reasonable attorney's fee therein. (Acts 1899, ch. 148, sec. 4, p. 257.) Sec. 23-111. Sale of supplies to dealers or mechanics-Parties.Whenever it shall appear to the court before which any proceedings under this act may be pending that the ends of justice require that other parties shall be brought before the court, said court may cause them to be made parties defendant and cause them to be served by the process of court as now required by law in such cases provided, whether they reside in the county where said action is pending or not. (Acts 1899, ch. 148, sec. 5, p. 257.) Sec. 23-112. Manufacturers-Combinations to compel manufacturers to cease business prohibited. From and after the passage of this act, all arrangements, agreements, trusts or combinations, or any agreement or arrangements that are made, whereby a party or corporation refuses to furnish any article or articles required to be used in the manufacture of any article or merchandise when the party or corporation can furnish the same, or by charging more than the regular and ordinary price for the same, or doing or refusing to do any act or acts that would cause such party to cease to manufacture such article, or hinder such person or corporation from so doing, and all arrangements, contract, or acts done or performed between any person or corporation made for the purpose of compelling any person or corporation engaged in the business of manufacturing any article of merchandise to cease manufacturing any such article, or compelling the same to close down or go out of business, is hereby declared to be against public policy, unlawful and void. (Acts 1901, ch. 107, sec. 1, p. 178.) Sec. 23-113. Manufacturers-Penalties for violation by corporation. Any corporation, chartered under the laws of this state, which shall violate any of the provisions of this act, shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and terminate. Every foreign corporation which shall violate any of the provisions of this act is hereby denied the right to do and is prohibited from doing business in this state. It is hereby made the duty of the Attorney General of the state to enforce the provisions of this act by due process of law. (Acts 1901, ch. 107, sec. 2, p. 178.) Sec. 23-114. Manufacturers-Conspiracy-Penalty.-Any violation of the provisions of this act shall be deemed and is hereby declared |