CIVIL AND LEGAL RIGHTS.

Section numbers to notes refer to Revised Statutes of 1914 and sections herein.

3863. Persons entitled to equal accom- 3864. Violating law-Penalties.

modations.

3863. Persons entitled to equal accommodations.

"Eating house" refers to a place where the public may go and be served with meals. Chochos v. Burden, App. 128 N. E. 696.

3864. Violating law-Penalties.

This statute is highly penal and is to be strictly construed.

Chochos v.

CHAPTER 21.

COMBINATIONS-TRADE-TRUSTS.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

SEC.

3866. Combinations to restrain trade.

3867. Monopoly-Penalty

SEC.

3872. Private action-Damages-Penalty.

3866. Combinations to restrain trade.

The statute which prevents the formation of combinations or trusts for the purpose of preventing competition in trade or business, does not limit or control the rights or privileges conferred by law upon persons who are members of labor unions to peacefully strike or combine for the betterment of their conditions. Shaughnessey v. Jordan, 184 Ind. 499, 111 N. E. 622.

These sections do not apply to labor unions employing peaceable means of conducting a strike or combination for the purpose of bettering their welfare. Shaughnessey v. Jordan, 184 Ind. 499, 111 N. E. 622.

In a suit under these sections by the state on relation of a taxpayer, against the parties to a ditch construction contract, to declare it void and enjoin its performance, other persons assessed for the construction are not necessary parties defendant. Boyer v. State ex rel. Brown, App. - 113 N. E. 312.

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The legislature has authority to designate who may institute and maintain actions to restrain and prevent collusion and fraud in bidding for public contracts. Boyer v. State ex rel. Brown, App., 112 N. E. 122.

In a suit on relation of a taxpayer whose property would be subject to assessment in a drainage proceeding, to restrain the drainage commissioner from making payment under the contract, on the ground that the contract was obtained under an agreement to restrain competitive bidding, the drainage commissioner will be enjoined from making such payment. Boyer v. State ex rel. Brown, App., 112 N. E. 122.

A proceeding by a taxpayer to restrain payment by a drainage commissioner, under a contract obtained under an agreement restraining competitive bidding, affects the public rights, and the rule of laches does not apply. Boyer v. State ex rel. Brown, App. 112 N. E. 122.

Where defendants sold their business, and agreed not to engage directly or indirectly in such business in the county or an adjoining county, and the contract provided for liquidated damages in case of breach, it was held not violative of this section. Bennett v. Carmichael Produce Co., 64 App. 341, 115 N. E. 793. The purpose of this section and sections 3867, 3872, is to prevent any claim, contract, combination or conspiracy for the unreasonable restraint of trade. Dye v. Carmichael Produce Co., 64 App. 653, 116 N. E. 425.

A complaint was held not to bring the case within this section and sections 3867, 3872, relating to restraint of trade. Dye v. Carmichael Produce Co., 64 App. 653, 116 N. E. 425.

3867. Monopoly-Penalty.

See note to section 3866.

3872. Private action-Damages-Penalty.

See note to section 3866.