Robert C. (Robert Cushing) Cumming.

The annotated corporation laws of all the states, generally applicable to stock corporations ... in three volumes online

. (page 40 of 92)
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forfeiture of his said office. (Id., $ 8.)

District courts' duty.

§ 13. It shall be the duty of the district
courts to instruct the grand Juries especially
as to the provisions of this act. (Id., § 9.)

Trust defined.

§ 14. A trust is a combination of cap-
ital, skill, or acts, by two or more per-
sons, firms, corporations, or associations
of persons, or either two or more of them,
for either, any or all of the following pur-
poses: First. To create or carry out restric-
tions in trade or commerce or aids to com-
merce, or to carry out restrictions in the
full and free pursuit of any business au-
thorized or permitted by the laws of this
State. Second. To increase or reduce the
price of merchandise, produce or commodi-
ties, or to control the cost or rates of in-
surance. Third. To prevent compefitlon in
the manufacture, making, transportation,
sale or purchase of merchandise, produce or
commoAties, or to prevent competition In
aids to commerce. Fourth. To fix any
standard or figure, whereby its price to the
public shall be, in any manner, controlled
or established, any article or commodity of
merchandise, produce or commerce intended
for sale, use or consumption in this State.
Fifth. To make or enter into, or execute
or carry out any contract, obligation or
agreement of any kind or description by
which they shall bind or have to bind them-
selves not to sell, manufacture, dispose of
or transport any article or commodity, or
article of trade, use, merchandise, com-
merce or consumption below a common
standard figure or by which they shall
agree in any manner to keep the price of
such article, commodity or transportation
at a fixed or graded figure, or by which they
shall in any manner establish or settle the
price of any article or commodity or trans-
portation between them or themselves and
others, to preclude a free and unrestricted
competition among themselves or others in
transportation, sale or manufacture of any
such article or commodity, or by which they
shall agree to pool, combine or unite any
interest they may have in connection with
the manufacture, sale or transportation of
any such article or commodity, that its
price may In any manner be affected. And
any such combinations are hereby declared
to be a^nst public policy, unlawful and
void, (h, 1897, ch. 266, S 1.)



Formation prohibited.

§ 15. All persons, companies, or corpora-
tions, within this State are hereby denied
the right to form or to be in any manner
interested, either directly or indirectly, as
principal, agent, representative, consignee
or otherwise, in any trust as defined in sec-
tion one of this act. (Id., § 2.)

Corx>oratlon forfeits charter.

I 16. Any corporation holding a charter
under the laws of the State of Kansas which
shall violate any of the provisions of this
act shall thereby forfeit its charter and
franchise, and its corporate existence shall
cease and determine. And any stockholder,
director, officer, agent, representative or
consignee of any such corporations shall be
subject to the penalties herein prescribed.
(Id., S 8.)

Action against corporation violating act.

$ 17. For a violation of any of the pro-
visions of this act by any corporati<m, or
any of its officers or agents mentioned
herein, it shall be the duty of the attorney-
general of the State, or county attorney of
any county in which said violation may oc-
cur, or either of them, upon his own mo-
tion, to institute an action in any court in
this State, having Jurisdiction thereof, for
the forfeiture of the charter, rights and
franchise of such corporation, and the dis-
solution of its corporate existence. (Id., I 4.)

Trusts not to do business within State.

§ 18. Every person, company or corpora-
tion within or without this State, their offi-
cers, agents, representatives or consignees,
violating any of the provisions of this act,
within this State, are hereby denied the
right, and are hereby prohibited from doing
any business within this State, and all
persons, companies and corporations, their
officers, agents, representatives and con-
signees within this State are hereby denied
the right to handle the goods of, or in any
manner deal with, directly or indirectly, any
such person, company or corporation, their
officers, agents, representatives or con-
signees, and it shall be the duty of the at-
torney-general, and the county attorney of
any county in the State where any violation
of this act be committed, or either of them,
to enforce the provisions of this section by
injunction or other proceeding; and all per-
sons, companies and corporations, their offi-
cers, agents, representatives or consignees,
violating any of the provisions of this sec-
tion, either directly or Indirectly, or of
abetting or aiding either directly or indi-
rectly in any violation of any provisions of
this section, shall be deemed guilty of a
misdemeanor and shall be fined, not less
than one hundred dollars nor more than one
thousand dollars, and confined in Jail not
less than thirty days, nor more than six



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38



KANSAS.



Trusts and pools — Ch. 145. §§ 19-24.



months, and shall forfeit not less than one
hundred dollars for each and every day
such violation may continue, which may be
recovered in the name of the State of Kan-
sas in any court of competent jurisdiction.
(Id., § 5.)

Hisdemeanors.

$ 19. Each and every person, company or
corporation, their officers, agents, representa-
tives or consignees, who, either directly or
indirectly, violate any of the provisions of
this act shall be deemed guilty of a misde-
meanor and on conviction thereof shall be
subject to a fine of not less than one hun-
dred dc^lars nor more than one thousand
dollars, and shall be imprisoned not less
than thirty days nor more than six months,
and in addition thereto for each and every
day thereafter that such violation shall be
committed or continued, forfeit and pay the
sum of one hundred dollars, which may be
recovered in the name of the State of
Kansas, in any county where the offense is
committed or where either of the offenders
reside, and it shall be the duty of the at-
torney-general of the State, or the county
attorney of any county in the State, In which
said violation shal| occur, or either of them,
to prosecute and enforce the provisions of
this act. (Id., $ 6.)

Contracts void.

I 20. Any contract or agreement in viola-
tion of any of the provisions of this act,
shall be absolutely void and not enforce-
able in any of the courts of this State, and
when any civil action shall be commenced
in any court of this State, it shall be law-
ful to plead in the defense thereof, that the
plaintiff or any other person interested in the
prosecution of the case is at the time or has
within one year next preceding the date of
the commencement of any such action, been
guilty either aa principal, agent, representa-
tive, or consignee, directly or indirectly, of
a violation of any of the provisions of this
act, or that the cause of action grows out
of any business transaction in violation of
this act (Id., $ 7.)

Damages.

S 21. Any person, firm, company or corpo-
ration that may be damaged by any such
agreement, trusts or combinations described
in sections one and two of this act, may
sue for and recover in any court of com-
petent Jurisdiction in this State, of any
person, company or combination, operating
such trust or combination, such damages as
they have sustained, together with a reason-
able attorney fee. (Id., S 8.)

Duty of attorney-general.

$ 22. It shall be the duty of the attorney-
general of the State, and the county attor-



neys in their respective counties to dili-
gently prosecute any and all persons ylo-
lating any of the provisions of this act, and
it shall be the duty of all State and county
officials having notice and knowledge of any
violation of the provisions of this act, to
notify the county attorney of their reie^>ect-
ive counties, and the attorney-general of the
State, of the fact of such violation and to
furnish them with the names of any wit-
nesses by whom such violations can be
proved; if any such officer or officers shall
fail to comply with the provisions of this
section he shall upon conviction, be fined
in any sum not less than one hundred dol-
lars nor more than one thousand dollars,
and such conviction shall be a forfeiture of
the office held by such person, and the court
before whom such conviction is had, shall
in addition to the imposition of the fine
aforesaid, order and adjudge the forfeiture
of his said office. (Id., § 9.)

Duty of district courts.

§ 23. The several district courts of this
State, and the Judges thereof shall have
juHsdiction, and it shall be their duty, upon
good cause shown and upon written appli-
cation of the county attorney or the attorney-
general, to cause to be issued by the clerk
of said court, subpoenas for such witnesses
as may be named in the application of a
county attorney or the attorney-general, and
to cause the same to be served by the sher-
iff of the county where such subpoena Is
issued; and such witnesses shall be com-
pelled to appear before such court, or Judge,
at the time and place set forth in the sub-
poena, and shall be compelled to testify as
to any knowledge they may have of the vio-
lations of any of the provisions of this act.
And any witness who falls or refuses to
attend and testify shall be punished as for
contempt, as provided by law. Any person
subpoenaed and examined shall not be liable
to criminal prosecution for any violation
of this act about which he may testify.
Neither shall the evidence of any such wit-
ness be used against him in any criminal
proceeding. The evidence of all witnesses
so subpoenaed shall be taken down by the
reporter of said court and shall be tran-
scribed and placed in the hands of the
county attorney or the attorney-general, and
he shall, in the proper courts, at once prose-
cute such violator or violators of this act
as the testimony so taken shall disclose.
Witnesses subpoenaed as provided for in
this section shall be compelled to attend
from any county in the State. (Id., $ 10.)

Eif ect of act.

I 24. Nothing in this chapter shall be held
or construed to affect any action or prose-
cution which is now pending under the pro-
visions of any law now in existence In this
State. (Id., S 11.)



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KANSAS.



39



Trusts and pools — L. 1899, ch. 293.



Certain combinatioxui illegal.

§ 24a. If any person, company or corpora-
tion doing business in Kansas shall make
any agreement, expressed or implied, or by
any understanding or combination with any
persons, company or corporation within or
without the State, by which any shipper of
seeds, grains, hay or live stock is defrauded
out of any portion of the net weight of any
consignment of grain, seeds, hay, or live
stock, all such agreements or combinations
are hereby declared to be in restraint of
trade, and any such person, company or cor-
poration shall be deemed guilty of a misde-
meanor, and upon conviction shall be fined
in the sum of not less than one hundred
dollars and not exceeding one thousand dol-
lars for each offense. (L. 1899, ch. 293, § 1.)

Combinations to monopolize businesB il-
legal.
§ 24b. Every person, servant, agent or em-
ploye of any firm or corporation doing busi-
ness within the State of Kansas that shall
conspire or combine with any other persons,
firm or corporation within or without the
State for the purpose of monopolizing any
line of business, or shall conspire or combine
for the purpose of preventing the producer
of grain, seeds or live stock or hay, or the
local buyer thereof, from shipping or mar*
keting the same without the agency of any
third person, firm, or corporation, shall be
deemed guilty of a misdemeanor, and on
conviction shall be fined in a sum not less
than one thousand dollars, and not to exceed
five thousand dollars for each offense. Id.,
« 2.)

Requiring warehouse receipts.

S 24c. Any person, who shall, as agent or
employe of any person, firm or corporation,
enter into an agreement, expressed or im-
plied, by which it is stipulated that grain,
seeds or hay shall not be shipped by the
producer or local buyer unless accompanied
with warehouse receipts, or that the same
shall in any manner be under the control of
any warehouseman or agent as a condition
precedent to the marketing of said grain,
all such agreements shall be deemed, and
are hereby declared, unlawful, and in re-
straint of trade, and the person entering
into such agreement or combination shall
be deemed guilty of a misdemeanor, and
upon conviction shall be fined in a sum not
less than one thousand dollars and not more
than five thousand dollars, or by imprison-
ment in the county Jail not less than ninety
days and not to exceed one year, or by botK
such fine and imprisonment, at the discretion
of the court. (Id., § 8.)

Duty of courts.

$ 24d. The several district courts and the
supreme court of the State of Kansas ar^
hereby vested with Jurisdiction to prevent



and restrain violators of this act, and 11;
shall be the duty of the attorney-general to
enforce the provisions of this act, and such
proceedings may be instituted by petition,
setting forth the cause of complaint, praying
relief, verifying said petition by affidavit,
and the court shall grant temporary restrain-
ing orders, enjoining or prohibiting such vio-
lation till the final hearing of the case; said
restraining order shall be granted without
bond. (Id., § 4.)

Damages.

§ 24e. Any person, firm or corporation that
shall be injured In business or property by
any other person, firm or corporation by rea-
son of anything declared unlawful or in re-
straint of trade by this act shall have a
right of action against the person, firm or
corporation violating the provisions of this
act for threefold damages, including costs
and reasonable attorney's fees. (Id., § 5.)



CHAPTEB CLVUx.

Assessment and Taxation.

Sec. 1. Property subject to taxation.

3. Personal property defined.

12. What property to be listed.

18. Money.

16. Listing of stocks, moneys and credits.

16. Deduction of debts.
17-21. Where listed.

22. Certificate of assessment.

27. Property Usted as of March 1.

27a. Personal property acquired after March

27b. Live stock, how assessed.

27c. Listing property brought into State

after March 1.
27d. Lien of tax.
27e. Lien of tax superior.
27f. When tax becomes immediately pnyable.
27g. Duties of certain officers.
27n. Levy by county treasurer.

28. Capital stock oi corporations.
46. Refusal to Ust.

54-55. Property consigned, how assessed.

56. Report to county clerk.

57. Failure, forfeiture.

58. Manufacturer defined.

60. Manufacturer, what to list.
60-61. Bank stock, how assessed.

Property subject to taxation.

Section 1. All property in this State, real
and personal, not expressly exempt there-
from, shall be subject to taxation in the
manner prescribed by this act. (L. 1876, ch.
34, § 1.)

Personal property defined.

§ 3. ♦ • ♦ The term "personal prop-
erty" shall include * * • tlie capital
stock, undivided profits, and all other assets
of every company, incorporated or unincor-
porated, and every share or interest in such
stock, profit or assets, by whatever name
the same may be designated: Provided, The
same is not included in other personal prop-
erty subject to tiucation or listed as the
property of Individuals; ♦ ♦ ♦ (Id.)



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40



KAITSAS.



Taxation — Ch. 158. §§ 12-22.



What property to be listed.

§ 12. Every person of full age and sound
mind, accountant officer, or other person
designated by any person, company or cor-
poration, shall list all personal property sub-
ject to taxation, of which such person, com*
pany or corporation is the owner, lessee or
occupant, having any interest in or exercis-
ing any control over any personal property,
including all moneys in his possession or
subject to his order, check or draft, and all
credits due or to become due from any per-
son, company or corporation, whether in or
out of the county or State in which such
person may reside or such company be lo-
cated, except as herein otherwise provided.

[Where the stock in a mining corporation Is as-
sessed to the stockholders for the respective shares
held b7 them, the assessment of the tangible
propert7 of the corporation, and the payment of
the taxes delivered thereon does not relleye the
stockholders from liability to pay taxes on the
excess of the valuation of the entire stock over
the Talnatlon of the tangible propertj of the cor-
poration. Byan v. Leayen worth, 80 Kan. 186; s. c.,
2 Pac Rep. 156.]

Honey.

$ 13. Money collected by any agent for
any person, company or corporation, which
is to be transmitted immediately to such per-
son, company or corporation, shall not be
listed by such agent; but such agent shall,
if required by the assessor, state under oath
the amount of money in his hands, and to
whom the same is to be transmitted.

Listing of stocks, moneys and credits.

§ 15. Merchants' and manufacturers'
stocks and moneys and credits shall be
listed under two separate heads — mer-
chants' and manufacturers' stock, forming
one item, and moneys and credits forming
another item, in the statement required to
be delivered to the assessor. (L. 1876, ch.
34.)

Deduction of debts.

§ 16. Debts owing in good faith by any
person, company or corporation may be de-
ducted from the gross amount of credits be-
longing to such person, company or corpoYti-
tion; provided, such debts are not owing to
any person, company or corporation as de-
positors in any bank or banking association,
or with any person or firm engaged in the
business of banking in this State or else-
where; and the person, company, or corpora-
tion making out the statement of personal
property to be given to the assessor claim-
ing deductions herein provided for shall set
forth both the amount and nature of his
credits and the amount and nature of his
debts sought to be deducted; but no person,
company or corporation shall be entitled to
any deduction on account of any bond, note
or obligation given to any mutual insurance
company, or deferred payment or loan for
a policy of life insurance, nor on account of



any unpaid subscription to any religious,
literary, scientific or benevolent InstitutioD
or society; provided, that in deducting debts
from credits no debt shall be deducted
where said debt was created by a loan on
government bonds or other taxable (non-
taxable) securities. (Id.)

Where listed.

§ 17. Every person required to list prop-
erty in behalf of others shall list such prop-
erty in the same township, school district or
city in which such property is located; but
he shall list such property separate and
apart from his own, specifying the name of
the person, estate, company or corporation to
which the same may belong. (I^. 1881, ch.
34.)

Id.

$ la All toll bridges shall be listed in
the township or ward where the same are
located; and if located in two wards or
townships, then one-half in each of such
wards or townships. (Id.)

Id.

S 19. All personal property shall be listed
and taxed each year in the township,
school district or city in which the property
was located on the first of March, but all
moneys and credits not pertaining to a busi-
ness located shall be listed in the township
or city in which the owner resided on the
first day of March. (Id.)

Id.

S 20. The property of banks or bankers,
brokers, insurance or other companies, and
merchants, shall be listed and taxed in the
county, township^ city and school district
where their business is usually done, and
manufactories and mines In the county,
township, city and school district where
the manufactory or mine is located. (Id )

Id.

$ 21. Animals and farming implements
shall be listed and taxed where usually kept;
provided, that if the owner of such animals
lives outside of the limits of a city, such
property shall be taxed in the township
where the owner resides; but in case such
animals and farming implements are tempo-
rarily outside the limits of the State, or in
any unorganized county of this State, then
said animals and implements shall be listed
and taxed in the county, township and school
district where the owner resided on the first
day of March. (Id.)

Certificate of assessment.

§ 22. It shall be the duty of the county
clerk, when required by any person having
stock in charge, to give a certificate of as-
sessment, showing the number, kind, loca-
tion and value of stock assessed, and such



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I^NSAS.



41



Taxation — Ch. 158, § 27; L. 1890, ch. 248.



certificate shall be evidence of the legal as-
sessment of such stock for that year; and
provided, that if any county clerk shall
frandnlently give to any person such certifl-
cate» or if any person shall in any manner
UlegiEdly obtain any such certificate, he shall
on conviction thereof be punished by a fine
in any sum not exceeding five hundred dol-
lars, or be imprisoned in the county Jail for
a term not exceeding six months, or by both
such fine and imprisonment. (Id.)

Property listed as of March 1.

§ 27. All property shall be listed and
valued as of the first day of March in the
year in which the same is assessed, and the
transfer or sale of any taxable personal
property subsequently to the first day of
March shall not auUiorize any person tb
omit the same from his list, although such
list be not made until after the sale or trans-
fer of such property; but all such property
shall be listed for taxation in the same man-
ner as if no sale or transfer thereof had
been made. But where bonds of the United
States have been purchased by any person
during the year prior to the first day of
March, where property is required to be
listed as of that day, the value of sudh
bonds in money shall be divided by twelve,
and the quotient shall be multiplied by the
number of months or fractional parts of
months remaining after deducting the time
which such bonds were owned, and such
product shall be listed as money on hand
on the first day of March, by the party.

Personal property acquired after Harch 1.
§ 27a. When any personal proi)erty shall
be located in any county in this State after
the first day of March of any year, which
shall acquire an actual situs therein before
the first day of September, such property is
taxable therein for that year and shall be
assessed and placed on the tax-roll, and the
tax collected as provided by this act. (I/.
1899, ch. 248, $ 1.)

Live stocky how assessed.

§ 27b. Whenever any live stock shall be
located in this State for the purpose of graz-
ing it shall be deemed to have acquired an
actual situs therein as contemplated by this
act. (Id., § 2.)

Listing property brought into State after
March 1.

§ 27c. When any person, association or
corporation shall settle or organize in any
county in this State, and bring personal
property therein after the first day of March
and prior to the first day of September in
any year, it shall be the duty of the assess-
ors to list and return such property for taxa-
tion that year, unless the owner thereof
shall show to the assessors under oath, that
the same property has been listed for taxa-



tion for that year in some other county in
this State. If such property is brought
within any county after the assessor has
made his returns for that year to the county
clerk, the assessor shall at once assess such
property and return the same to the county
clerk, and the same shall be entered by the
county clerk on the tax books and collected
as in other cases. The persons so assessed
shall have the right, if assessed after the
first Monday in June, to appear before the
county clerk at any time before the taxes
become due, and the county clerk shall
equalize such persons' taxes, as provided by
law in section 93, article 7, chapter 158, of
the General Statutes of Kansas. (Id., § 3.)

Lien of tax.

§ 27d. If any person in this State, after
his personal property is assessed and before
the tax thereon is paid, shall sell all of the
same to any one person, and not retain suffi-
cient to pay the taxes thereon, the tax for
that year shall be a lien upon the property so
sold, and shall at once become due and pay-
able, and the county treasurer shall at once



Online LibraryRobert C. (Robert Cushing) CummingThe annotated corporation laws of all the states, generally applicable to stock corporations ... in three volumes → online text (page 40 of 92)