Page:American Journal of Sociology Volume 5.djvu/245

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THE CONTROL OF TRUSTS
231

control over foreign corporations, the latter, before they can do business in the state, must procure a license therefor after proving that their articles of incorporation are in harmony with those granted by the state to its own corporations;[1] must furnish bond sufficient to cover possible damages;[2] and must annually send to the secretary of state affidavits showing that they are in no way connected with any form of trust.[3] Failure to comply with these regulations, or violation of the anti-trust law, will be punished with the prescribed penalty, and the right to do busi- ness in the state will be forfeited.[4] When officers of a foreign corporation are ordered by the court to testify or produce books, and fail to do so, judgment by default will be rendered against such corporation in the case pending.[5] The other features of the new laws concern mere matters of detail, or attack special kinds of combinations, e. g., boards of underwriters in Arkansas, Missouri, and Texas, and press associations in Texas.

The above summary of the recent laws gives us a composite law which comprehends all of the latest devices for the uprooting of trusts. Thus far politicians have proposed no more efficient scheme as the basis of their pledges to the people. It may, therefore, well serve as the point of departure for a consideration of the whole question involved. No objection can be taken to the heavy fines and harsh method of sweeping the offending concerns out of existence. Granting the desirability of suppression, and these methods cannot be considered too drastic. Neither can any fault be found with the policy which would compel foreign corporations to become fully amenable to the laws which govern home corporations. Under any circumstances it is desirable that this should be done.

But when we come to the description of the acts which

  1. Missouri, Act of May 23, 1899, sees. 1, 2, 3. Many states have similar provisions.
  2. Arkansas, sec. 4.
  3. Arkansas, sec. 4 ; Texas, sec. 8.
  4. Arkansas, sec. 3; Missouri, Act of April 18, sec. 1 ; Texas, sec. 8; Michigan, sec. 3.
  5. Missouri, Act of May 4, sees, 1, 2.