Mahlon Pitney

“ In a looser sense the term is applied to any combination of establishments in the same line of business for securing the same ends by holding the individual interests of each subservient to a common authority for the common interests of all.'
We need not adopt this or any other precise definition of the disputed term, for if the legislative meaning be doubtful in this respect there is nothing in the record to show that this is of the least consequence to plaintiff in error. ”

“ It is insisted that the statute is repugnant to the 'due process' clause, in that it requires an oath of the corporation's officer that the corporation 'has not issued and does not own any trust certificates,' without explaining or defining the term 'trust certificates,' or otherwise indicating the meaning of the requirement, or limiting it to such certificates as are declared unlawful by the statute. ”

“ Secretary of state to make inquiry-form of affidavit.-It shall be the duty of the secretary of state, on or about the 1st day of July of each year, to address to the president, secretary or managing officer of each incorporated company in this state, a letter of inquiry as to whether the said corporation has all or any part of its business or interest in or with any trust, combination or association of persons or stockholders, as named in the preceding provisions of article 1 of this chapter, and to require an answer, under oath, of the president, secretary or managing officer of said company. ”

“ The answer is not at all difficult. Of course, corporations may not arbitrarily be selected in order to be subjected to a burden to which individuals would as appropriately be subject. Classification must be reasonable ”

“ Provided, however, that at any time before final judgment, if such corporation shall file or cause to be filed with the secretary of state the affidavit herein prescribed, the trial court may, in his discretion, and for good cause shown, upon the payment of all costs, together with the attorney's fees of $10, to be paid to the prosecuting attorney or the circuit attorney in the city of St. ”