oned not exceeding ten (10) days, at the discretion of the court.

clause.

SECTION 10. That Section 5660, and 5663, of use. Chapter 10, Section 5666, 5670, and 5671, of Chapter 11, Section 5696, and 5697, of Chapter 14, Section 5724, of Chapter 16, and Section 5762, of Chapter 18, of the Criminal Code of Nebraska, as the same appears in Cobbey's Consolidated Statutes of 1891, be and the same are hereby repealed. Approved March 27, 1893.

[Senate File No. 52.]

CHAPTER 48.

AN ACT to amend Section 5822, of the Compiled Statutes of the State of Nebraska, of 1891, being a part of Chapter 21, entitled "Gaming, Betting and Lotteries," and for the repeal of said orig. inal section..

Be it Enacted by the Legislature of the State of
Nebraska:

5822, Consol. Stats., 1891;

SECTION 1. That Section 5822, of the Compiled Amending sec. Statutes of the State of Nebraska, of 1891, being 18, in sec. a part of Chapter 21, entitled "Gaming, Betting and Lotteries," be amended to read as follows:

code.

lottery.

"Section 5822. That if any person shall, by Advertising printing, writing or in any other way, publish an account of any lottery or scheme of chance of any kind or description, to be carried on, held, or drawn, either out of or within the State of Nebraska, by whatever name, style or title the same may be denominated or known, stating when or where the same is to be drawn, or the prizes therein or any of them, or any information in relation to said

Repealing clause.

Emergency.

prizes or any of them, or the price of a ticket, show or chance therein, or where any ticket may be obtained, or in any way aiding or assisting in the same, or in any wise giving publicity to such lottery or scheme of chance, shall be subjected to a fine not exceeding Five hundred ($500) dollars, at the discretion of the court."

SECTION 2. That Section 5822, of the Compiled Statutes of the 1891, as mentioned in Section 1 of this act, as heretofore existing, shall be and the same is hereby repealed.

SECTION 3. That whereas an emergency exists, therefore this bill shall take effect, and be in force from and after its passage.

Approved March 20th, 1893.

[House Roll No. 30.]

CHAPTER 49.

Prohibiting

combinations to fix prices or

by coal or lumber dealers.

AN ACT to prohibit lumber dealers, coal dealers, or other persons, companies, partnerships or associations from entering into any contract or agreement or combination to pool or fix the price at which lumber or coal shall be sold, and to provide punishment for violation of the same.

Be it Enacted by the Legislature of the State of
Nebraska:

SECTION 1. That it shall be unlawful for any pool business lumber dealer, or lumber dealers, coal dealer or coal dealers, partnership, company, corporation or association of lumber dealers, coal dealers, or any other person or persons, partnership, company, corporation or association, to enter into any agreement, contract or combination with any other lum

er dealer or lumber dealers, coal dealer or coal
ealers, partnership, company, corporation, associa-
on, person or party, for the pooling or fixing of
rices of different and competing dealers and sell-
rs, or to divide between them the aggregate or net
roceeds of the earnings of such dealers and sellers,
r any portion thereof, or for fixing the price at
which any lumber dealer or lumber dealers, coal
lealer or coal dealers, partnership company, corpo-
ation or association of lumber dealers or coal deal-
rs, or any other person or persons, partnership,
company, corporation, association or party, shall
ell lumber or coal, and in case of any agreement,
contract or combination for such pooling of prices of
lifferent and competing dealers and sellers, or to
divide between them the aggregate or net proceeds
of the earnings of dealers and sellers, or any por-
tion thereof, or for fixing in any manner the price
at which any lumber dealer or lumber dealers, coal
dealer or coal dealers, partnership, company, cor-
poration or association of lumber dealers or coal
dealers, or any other persons, partnership, com-
pany, corporation or association for dealing in coal
or lumber shall sell lumber or coal, or of fixing in
any manner a minimum price at which any lumber
dealer or lumber dealers, coal dealer or coal dealers,
partnership, company, corporation or association
shall sell lumber or coal, each day of its continu- Separate
ance shall be deemed a separate offense, and shall
be punished as hereinafter provided.

offenses.

violation of act.

SEC. 2. That in case any lumber dealer or lum- Damages from ber dealers, coal dealer or coal dealers, or any person or persons, partnership, company, corporation or association, subject to the provisions of this act

lawful combi

ness.

shall do or cause to be done, or knowingly suffer, or permit to be done, any act, matter or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing, in this act required to be done, such lumber dealer or lumber dealers, coal dealer or coal dealers, partnership, company, corporation or association shall be liable to the person or persons, or party injured thereby, to the full amount of damages sustained in consequence of any such violation of any of the provisions of this act, together with reasonable counsel fees or attorney's fee, to be fixed by the Member of un-court in every case of recovery, which attorney fee nation as wit- shall be taxed and collected as a part of the cost in the case, and in any such action, brought for the recovery of damages under the provisions of this act, the court before whom the same shall be pending, may compel any lumber dealer or lumber dealers, coal dealer or coal dealers, partnership, company, corporation or association of lumber dealers or coal dealers, and any person or persons, partnership, company, corporation or association, subject to the provisions of this act, or any director, officer, receiver, trustee, agent, employe or clerk of them, or either of them defendant in such action or suit to attend, appear and testify in such case; and the court may also compel the production of the books and papers of such lumber dealer or lumber dealers, coal dealer or coal dealers, partnership company, corporation or association of lumber dealers, or coal dealers, or any other person or persons, partnership, company, corporation or association, party to any such suit. The claim that any such testimony or evidence may tend to crim

violating act.

nate the person giving such evidence, shall not Lase such witness from testifying but such evidence or testimony shall not be used against such person in the trial of any criminal proceedings. SEC. 3. That any lumber dealer or lumber Penalty for dealers, coal dealer or coal dealers, partnership, company, corporation or association, person or persons, subject to the provisions of this act or any director or officer, or any receiver, trustee, clerk, lessee, agent, or person acting for, or employed by them, or either of them, who alone or with any other person, party, partnership, company, corporation or association shall wilfully suffer or permit to be done any act, matter or thing in this act prohibited, or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter or thing so directed by this act not to be done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of the provisions of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum not less than two hundred dollars, and not more than one thousand dollars, or imprisonment in the county jail not exceeding six months, or both fine and imprisonment, at the discretion of the court, and shall moreover be liable to the suit of the party injured or damaged. Approved April 10, A. D. 1893.

of

any