SOUTH DAKOTA. CONSTITUTIONAL PROVISION. ARTICLE 17. § 20.1 Monopolies and trusts shall never be allowed in this state and no incorporated company, co-partnership or association of persons in this state shall directly or indirectly combine or make any contract with any incorporated company, foreign or domestic; through their stockholders or trustees or assigns of such stockholders or with any co-partnership or association of persons, or in any manner whatever to fix the prices, limit the production or regulate the transportation of any product or commodity so as to prevent competition in such prices, production or transportation or to establish excessive prices therefor. The legislature shall pass laws for the enforcement of this section by adequate penalties and in the case of incorporated companies, if necessary for that purpose may, as a penalty, declare a forfeiture of their franchises. STATUTES. LAWS OF 1890, CHAP. 154. UNLAWFUL TRUSTS AND COMBINATIONS. AN ACT, to declare certain combinations, agreements, or trusts unlawful, and to restrain and punish the same. Be it enacted by the Legislature of the State of South Dakota: § 1. Defining which trusts are unlawful.-That any combination, agreement or trusts, made, entered into or formed between persons, co-partnerships, or corporations in this state, or by or between any persons co-partnerships or corporations within this state with any person, co-partnership or corporation without this state, with the intent and This section was added to the constitution in 1896 by popular vote of 36,763 to 9,136. which shall in any manner tend to prevent a free, fair and full competition in the production, and manufacture or sale of any article or commodity of domestic growth, use or manufacture, or that tends to advance the price to the user or consumer of any article or commodity of domestic growth, use, production or manufacture beyond the reasonable cost of the production or manufacture thereof, or that tends to advance the price to the user, purchaser or consumer of farm machinery, implements, tools, supplies, and lumber, wood and coal, imported into this state from any other state, territory or country, beyond the reasonable cost of production and sale or manufacture and sale of the same, or which tends to and does induce and accomplish a sale of wheat, corn, oats, barley, flax, cattle, sheep, hogs, or other farm or agricultural products for less than such farm or agricultural products are really worth at the time of sale, or for a less price than such farm or agricultural products would sell for in open market if such combination, agreement or trust did not exist, or tends to, or shall increase, enhance or maintain rates of interest on loans of money, for forbearance of payment of any sum of money, or debt, or to prevent a fair competition for a low rate of interest on loans, or for the forbearance of the payment of any debt or obligation, is hereby declared to be against public policy and unlawful and void, and any person or persons who shall be a party to any such unlawful combination; agreement or trust, or who shall in any way assist, aid or abet any such combination, agreement or trust, either as principal, agent, attorney, employee or otherwise, shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars or imprisonment in the state's prison not exceeding three years, or both such fine and imprisonment at the discretion of the court. § 2. Unlawful sale of articles or goods.-Any person or persons who shall agree and undertake, as agent, to sell, and shall sell in this state, any of the articles, commodities, products or machinery, implements, tools, supplies or goods, wares and merchandise, mentioned in section one of this act, for a non-resident manufacturer of, or wholesale dealer in such articles, commodities, products, machinery, implements, tools, supplies or goods, wares and merchandise, while at the same time such non-resident, manufacturer or wholesale dealer, refuses to sell at wholesale or manufacturer's prices, such farm implements, tools or supplies, as are furnished to such agent for sale in this state, to responsible and reputable wholesale or retail dealers in this state shall be deemed to have unlawfully combined and agreed within the meaning of section one of this act, with such non-resident manufacturer or wholesale dealer, with intent to prevent a full, free and fair competition in the sale in this state, of any such farm machinery, implements, tools or supplies furnished to such agent as aforesaid, and refuse to be sold to wholesale or retail dealers in this state as aforesaid, and with intent to advance the price to the user and purchaser and consumer beyond the reasonable cost of manufacture and sale, as production and sale of such farm machinery, farm tools, farm implements and supplies refused to be sold as aforesaid to dealers in this state as aforesaid, and such agent or agents upon conviction thereof shall be punished by a fine of not more than one thousand dollars or imprisonment in state's prison not more than five years, or both such fine and imprisonment at the discretion of the court. § 3. Non-resident corporations; liability of.—Any nonresident corporation, co-partnership or company, or person, who shall ship or bring into this state for sale any of the commodities, products, or goods, wares or merchandise, machinery, tools or implements mentioned in section one of this act, to be sold only and exclusively by an agent or agents, or person or persons selected, appointed and controlled in the sale of such goods by such non-resident corporations, co-partnership, company or person, in violation of the spirit, intent and purpose of this act, may be restrained by an order of injunction from any court of competent jurisdiction in this state from selling or disposing of any such commodities, products, goods, wares or merchandise, machinery, tools or implements, or having the same sold in this state until the defendant in such order offer the same for sale, or to be sold, on like and regular terms, and without restrictions except price and terms of payment, to reputable and responsible wholesale or retail dealers of this state, without regard to location, who may desire to purchase the same or any portion thereof, for sale again. The order of injunction mentioned in this section may be issued upon affidavits which shall show to the satisfaction of the court or judge thereof to whom application is made that the person or persons, or copartnership or corporation named as defendant in the application and affidavit for an order of injunction has violated some provision of this act. The order of injunction issued upon such affidavits may be served in the manner now provided by law for the service of such orders and in the absence of the defendant therein, or his agent or attorney, such order of injunction may be served on any or all persons in this state having in possession and for sale, or in his possession for the use, or subject to the order or direction of the defendant or defendants in such proceeding, any of the several articles or commodities or goods, wares and merchandise mentioned in section one of this act, the sale of which is restrained by this order. On the final hearing by the court if the application for injunction be sustained by the court, the court shall be rendered (render) judgment against the defendant in such proceeding, and in favor of the plaintiff therein, for all the costs incurred by the plaintiff therein, including such attorney's fee allowed by the court therein. Any judge of a Circuit Court or of the Supreme Court may in like manner enjoin and restrain any manufacturing or wholesale or retail business, being conducted or carried on in violation of any of the provisions or spirit and intent of this act from continuing such manufacturing or wholesale or retail business in this state, and all final restraining orders may be perpetual or for such period, and upon such terms and conditions as the court or judge thereof shall determine. All laws, rules and regulations now in force relating to applications for and granting orders of injunction in this state shall apply to proceedings under the provision of this act, so far as the same are not different from, or in conflict with the provisions of this act. § 4. Duty of state's attorney. It is hereby made the special duty of each and every state's attorney of each and every county in this state, who shall have good reason to believe that any of the provisions of section one of this act are being violated by any person or persons in his county, or upon affidavit of two or more reputable persons made and delivered to him, showing or stating affirmatively that any person or persons in his county have violated any of the provisions of section one of this act, to make complaint and cause the arrest of such person or persons and to prosecute him or them diligently to conviction, if proved to be guilty, and also at the request of any citizen of his county, and for good cause shown, apply for an injunctional or restraining order as provided in this act: Provided, That the provisions of this section shall not be construed to prevent any person from making complaint to any court of competent jurisdiction for any violation of the provisions or this act, and in such case the court shall issue a warrant and proceed the same as though the state's attorneys had made the complaint, and the (court) may also permit any attorney whom the complainant may employ to appear and prosecute such action at any stage of the proceedings therein, and such attorney's fee in any such case, shall be deemed part of the costs of prosecution as mentioned in section one of this act. 1 And provided further, That any person or persons, who may suffer damage by reason of the operation of any such pool, trust or combination defined in section one of this act, or any pool, trust or combination formed without, but holding property within the state, may maintain an action therefor, and may recover the amouut of damage sustained; and any person or persons who in good faith may have contributed any funds, or property, as a donation or otherwise, for location, building, or carrying on of any milling, or manufacturing, or other industry in this state, or any stockholder in any corporation or company formed for the purpose of carrying on and operating any such industry which milling, manufacturing or other industry may thereafter become the property of, or controlled by any such pool, trust or combination, without the consent of such person or stockholder, may maintain an action and recover against such pool, trust or combination, or individuals composing the same, judgment for the amount so contributed or invested in stock as the case may be, and the property, including the plant and all buildings, machinery and other property so owned or controlled by such trusts or combinations shall be liable to attachment and execution in such action, and may be sold to satisfy any judgment recovered therein; and the court in which such case is pending may appoint a receiver to take charge of such property and receive all rents, issues and profits therefrom, in addition to such other powers as are now conferred by law The part of section four which follows the star was added by chapter 171 of the laws of 1893. |