Section 8. That the word "person," or persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the territories, and the laws of any state, or the laws of any foreign country.

FORM 65

ANTI-TRUST ACT OF THE STATE OF KANSAS

Be it enacted by the Legislature of the State of Kansas: Section 1. That all arrangements, contracts, agreements, trusts or combinations between persons or corporations made with a view or which tend to prevent full and free competition in the importation, transportation or sale of articles of domestic growth or product of domestic raw material, or in the loan or use of money, or to fix attorneys' or doctors' fees, and all arrangements, contracts, 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 products or articles, are hereby declared to be against public policy, unlawful and void.

Section 2. It shall not be lawful for any corporation to issue or to own trust certificates, other than the regular and lawfully authorized stock thereof, or for any corporation, agent, officer or employes, or the directors or stockholders of any corporation, to enter into any combination, contract or agreement with any person or persons, corporation or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement, shall be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees, with the intent to limit or fix the price or lessen the production and sale of any article of commerce, use, or consumption, or to prevent, restrict, or diminish the manufacture or output of any such article.

Section 3. That all persons entering into any such arrangement, contract, agreement, trust, or combination, or who shall, after the passage of this act, attempt to carry out or act under

any such arrangement, contract, agreement, trust or combination described in sections one or two of this act, either on his own account or as agent or attorney for another, or as an officer, agent or stockholder of any corporation, or as a trustee, committee, or in any capacity whatever, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not less than one hundred dollars and not more than one thousand dollars, and to imprisonment not less than thirty days and not more than six months, or to both such fine and imprisonment, in the discretion of the court.

FORM 66

MARYLAND'S BLUE SKY LAW

CHAPTER NO. 552.

An ACT to prevent fraud respecting securities offered for sale within the State of Maryland, and to provide a summary proceeding therefor, and for other purposes relating thereto, by adding four (4) additional sections to Article 32A of the Annotated Code of Public General Laws of Maryland, entitled partment of Law," to be numbered 11, 12, 13 and 14.

De

Section 1. Be it enacted by the General Assembly of Maryland, That (4) new sections are hereby added to Article 32A of the Annotated Code of Public General Laws of Maryland, entitled "Department of Law," to be known as Sections 11, 12, 13 and 14, for the purpose of preventing fraud respecting securities offered for sale in the State of Maryland, and to provide a summary proceeding therefor, and for other purposes relating thereto, said sections to read as follows:

Section 11. If it shall appear to the Attorney General of the State of Maryland that in the issuance, sale, promotion, negotiation, advertisement of, or distribution of any stocks, bonds, notes or other securities within the State of Maryland, any person, partnership or corporation is employing or is about to employ any device, scheme or artifice to defraud, or for obtaining money or property by means of any false or fraudulent pretense, representation or promise, or the said Attorney General believes it to

be in the interest of the public that an investigation be made with a view to the issuance of an order, such as herein provided, he may require such person, partnership or corporation to file with him a statement in writing under oath as to all facts concerning the same, and for that purpose may prescribe forms upon which said statements shall be made. The Attorney General may require, in addition thereto, such further data and information as he may deem relevant and make such special investigation as may be necessary and for the purposes of this Act the Attorney General, or an Assistant Attorney General duly authorized by him, shall have power to require by subpoena or summons, the attendance and testimony of witnesses and the production of any books, accounts, records, papers and correspondence relating to any matter which the Attorney General is authorized by this Act to consider or investigate. The Attorney General, or his duly authorized assistant, may sign subpoenas, administer oaths and affirmations, examine witnesses and receive evidence. In case of disobedience to a subpoena or of the contumacy of any witness appearing before the Attorney General or his duly authorized Assistant Attorney General, the Attorney General may invoke the aid of the Circuit Court of any of the counties of the State of Maryland, or of the Superior Court of Baltimore City. Such court may thereupon issue an order requiring the person subpoenaed to obey the subpoena or to give evidence or produce books, accounts, records, papers and correspondence touching the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. In the case of a failure or refusal of any person, partnership or corporation concerned in the issuance, sale, offer for sale, promotion, advertisement or distribution of any stocks, bonds, notes, or other securities within the State of Maryland, to file any statement or to furnish any information, books, papers or records required by the Attorney General or his duly authorized assistant, to be filed or furnished in connection with such investigation under this Act, the Attorney General may issue his order under Section 12 of this Act.

Section 12. The Attorney General may, upon evidence satisfactory to him, that in the issue, sale, promotion, negotiation, advertisement of, or distribution of any stocks, bonds, notes or

other securities within the State of Maryland, any person, partnership or corporation is employing or is about to employ any device, scheme or artifice to defraud, or for obtaining money or property by means of any false or fraudulent pretense, representation or promise, issue and cause to be served upon such person, partnership or corporation an order requiring the party guilty thereof to cease and desist therefrom. If it shall appear to the Attorney General that an irreparable public injury is imminent unless such an order is issued before a full investigation can be made pending such investigation, he may issue such order but the same shall be accompanied with a request for information as to the facts relied on in issuing the order, and such temporary order shall only remain in force until such information is furnished and two days thereafter. Orders of the Attorney General under this section may be served by anyone duly authorized by the Attorney General either (a) by delivering a copy thereof to the person to be served; or to a member of the partnership to be served, or to the president, vice-president, secretary or other executive officer or director of the corporation to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person, partnership or corporation; or (c) by registering and mailing a copy thereof, addressed to such person, partnership or corporation at his or its principal office or place of business. A verified return by the person so serving said order, setting forth the manner of said service, shall be prima facie proof of the same, and the return postoffice receipt for said order registered and mailed as aforesaid shall be prima facie proof of the service of the same, as aforesaid.

Section 13. Any person, partnership or corporation affected. or aggrieved by the order of the Attorney General under Section 12 shall be entitled to a hearing de novo before the Circuit Court of the county in which said person, partnership or corporation has performed or is alleged to have performed the acts referred to in said order of the Attorney General, or in the Superior Court of Baltimore City, if said acts or alleged acts occurred in Baltimore City, or, at the option of said person, partnership or corporation, said proceeding for a hearing de novo may be filed in the Circuit Court for the County in which said person, partnership or corporation resides or has its principal office

within the State of Maryland, or in the Superior Court of Baltimore City, if such residence or office is in Baltimore City. And in such proceeding any such person, partnership or corporation shall be entitled to have any issues of facts arising therein determined by a jury, provided written demand is filed at the time of the institution of said proceeding. The court shall have power during the pendency of the proceeding before it, to suspend or modify the order of the Attorney General and to enter an appropriate judgment or order at the conclusion of such hearing to modify, affirm or set aside order. From the final order or judgment of the said court, either party to said proceeding may appeal to the Court of Appeals of Maryland as in other cases or suits at law arising in said court; and, in case of such appeal, the testimony adduced before the court shall be presented to the Court of Appeals by bills of exception in customary form, as in other law cases, and the Court of Appeals may review the questions of law arising on said appeal as in other appeals from courts of law and in ordinary course.

Section 14. Any person, partnership or corporation having been served with any order of the Attorney General under Section 12 of this Act, or having knowledge of the issuance of said order and while said order remains in effect, either as originally issued or as modified, who or which shall execute or carry on in any manner any scheme or device against said order has been issued, or wilfully attempts so to do, or shall sell or deliver or receive payment in money or property for any paper, certificate or instrument purporting to be or represent any interest in or order, for stocks, bonds, notes or other securities mentioned in said order of the Attorney General, or shall publish or cause to be published any advertisement of any such stocks, bonds, notes or other securities pursuant to said scheme or device against which said order has been issued, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars ($10,000) or imprisoned not more than two years, or be subject to both fine and imprisonment, in the discretion of the court.

Section 2. Be it enacted, That this Act shall take effect June 1, 1920.

Approved April 16, 1920.