CONNECTICUT. CONSTITUTIONAL PROVISION. ARTICLE FIRST. § 1. We declare, That all men when they form a social compact, are equal in rights; and that no man or set of men are entitled to exclusive public emoluments or privileges from the community. [Adopted, September 15, 1818.] CASES CONSTRUING CONSTITUTION. The Norwich Gas Light Co. v. The Norwich City Gas Co. 25 Conn., 18. Statement. March, 1856. Plaintiff is granted by the legislature the exclusive right to lay gas pipes in the streets of the city of Norwich, as against all except such persons as the legislature shall hereafter grant such power to. Defendant obtains no permission from the legislature to lay gas pipes in the streets, but gets it from the city council. Plaintiff prays that defendant be enjoined from laying its pipes. Opinion. The policy of the law is to encourage trade by free competition. * * * * * "The business of manufacturing and selling gas is an ordinary business in respect to which the government has no exclusive prerogative. * As the restriction of other persons than the plaintiffs from using the streets for the purpose of distributing gas by means of pipes, can fairly be viewed as intended to operate as a restriction upon its free manufacture and sale, it comes directly within the definition and description of a monopoly. * * The whole theory of a free government is opposed to such grants, and it does not require even the aid which may be derived" * from the section of the constitution hereinbefore mentioned "to render them void." The injunction is not granted. The State v. Brennan's Liquors. 25 Conn., 277. September, 1856. Statement. A law was passed prohibiting the sale of spirituous liquors by any person except a public agent. It was contended that this law is unconstitutional as it creates a monopoly. Opinion. "The object of the legislature in authorizing a sale by a public agent for certain purposes, was not to raise a revenue for the town, but to accommodate certain persons with spirits for particular uses, and at the same time to guard against the evils resulting from an indiscriminate sale by all persons and for all purposes." The law is held constitutional. GEORGIA. STATUTE. LAWS OF 1896, PAGE 68. AN ACT to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations made with a view to lessen, or which tend to lessen, free competition in the importation or sale of articles imported into this State, or in the manufacture or sale of articles of domestic growth or of domestic raw material; to declare unlawful and void all arrangements, contracts, agreements, trusts or combinations between persons or corporations, designed, or which tend to advance, reduce or control the price of such product or article to producer or consumer of any such product or article; to provide for forfeiture of the charter and franchise of any corporation organized under the laws of this State, violating any of the provisions of this Act; to prohibit every foreign corporation violating any of the provisions of this Act from doing business in this State; to require the Attorney-General of this State to institute legal proceedings against any such corporations violating the provisions of this Act, and to enforce the penalties prescribed; to prescribe penalties for any violation of this Act; to authorize any person or corporation damaged by any such trust, agreement or combination, to sue for the recovery of such damage, and for other purposes. § 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That, from and after the passage of this Act, all arrangements, contracts, agreements, trusts or combinations between persons or corporations 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, or in the manufacture or sale of articles of domestic growth or of domestic raw material, and all arrangements, contracts, agreements, trusts or combinations between persons or corporations 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. § 2. Be it further enacted by the authority aforesaid, That, 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. § 3. Be it further enacted by the authority aforesaid, That 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 or more than five thousand dollars and by imprisonment in the penitentiary not less than one year nor more than ten years; or, in the judgment of the court, by either such fine or such imprisonment. § 4. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not apply to agricultural products or live stock while in the possession of the producer or raiser. § 5. Be it further enacted by the authority aforesaid, That any person or persons, or corporations that may be injured or damaged by any such arrangement, contract, agreement, trust or combination, described in Section one 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. § 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the Judges of the Superior Courts of this State specially to instruct the grand juries as to the provisions of this Act. § 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 23, 1896. IDAHO. CONSTITUTIONAL PROVISION. ARTICLE XI. § 18. No incorporated company, or any association of persons or stock company, in the State of Idaho, shall directly or indirectly combine or make any contract with any other incorporated company, foreign or domestic, through their stockholders or the trustees or assignees of such stockholders, or in any manner whatsoever, for the purpose of fixing the price or regulating the production of any article of commerce or of produce of the soil, or of consumption by the people; and that the legislature be required to pass laws for the enforcement thereof, by adequate penalties, to the extent, if necessary for that purpose, of the forfeiture of their property and franchise. [Adopted, August 6, 1889.] 252A- -6 81 |