Stat. (Mason, 1927) Sec. 5096. Unlawful discrimination in sale, or purchase of grain prohibited. Any person, firm, copartnership, or corporation engaged in the business of buying grain, either for himself or others, who shall with the intention of creating a monopoly or destroying the business of a competitor, discriminate between different sections, localities, communities, or cities of this State, by purchasing such grain at a higher price or rate in one locality than is paid for grain of same grade and condition by said purchaser in another locality after making due allowance for the difference, if any, in actual cost of transportation from the locality of purchase, to the locality of manufacture, use, or distribution, shall be deemed guilty of unfair discrimination and upon conviction thereof shall be punished by a fine not exceeding $500.00, or by imprisonment in the county jail not to exceed six months. ('17 c. 377, sec. 1.) Sec. 5097. Railroad and warehouse commission to enforce provisions of act.-The State railroad and warehouse commission shall enforce the provisions of this act, and in so doing shall have and exercise all the powers heretofore conferred upon them by law. ('17 c. 377, sec. 2.) Stat. (Mason, 1927) as amended by Stat. (Mason, 1940) Farm Products Sec. 6248-1. Terms and phrases.-The following words, terms, and phrases shall, for the purpose of this act, be given the meanings hereinafter subjoined to them. ('27, c. 252, sec. 1.) Sec. 6248-2. Definitions.-(a) The term "person" means an individual, firm, copartnership, corporation, or association. (b) The term "farm products" as used in this act shall mean and include butter, milk, cream, butterfat, cheese, and other dairy products, honey, eggs, poultry, and all livestock and products of livestock such as wool, mohair, hides, and meats. (c) The term "bona fide competitor" means a duly licensed dealer in farm products maintaining a place of business in the same trade territory. (As amended Apr. 24, 1937, c. 420, sec. 1.) Sec. 6248-3. Discrimination prohibited. Any person engaged in the business of buying any such farm products for manufacture or sale thereof, who shall discriminate between different sections, localities, communities, cities, or villages, or between persons in the same community, of this State, by purchasing any such farm products at a higher price or rate in one locality or from one person than is paid for such farm products of the same kind, quality and grade by such person in another section, locality, community, city or village, or than is paid to another person of the same community, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase to the locality of manufacture or sale, or who shall fail to deduct full transportation costs from the purchase price paid; or who shall fail to deduct the actual costs of hauling when such products are gathered by wagon or truck; or who shall pay or offer to pay in trade or in exchange for goods, wares, or merchandise a higher price for such farm products than the cash price paid or offered to be paid for such farm products, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful: Provided, however, That wherever the transportation costs actually charged for hauling cream shall be two cents or more per pound for butterfat therein contained, and 15 cents per 100 pounds for transportation of whole milk, such charge shall be deemed a compliance with the terms of this act. It shall not be unfair discrimination for any person to pay, in any section, locality, community, city, or village, a price equal to that actually paid on the same day by any bona fide competitor in such place for farm products of the same kind and grade, provided such price is paid in good faith effort to meet such competition, and the burden of proving such facts shall be upon the defendant." (As amended Apr. 24, 1937, c. 420, sec. 2.) Sec. 6248-4. Prima facie evidence of discrimination.-Proof that any person has paid a higher price for any such farm products in one section, locality, community, village, or city than in another, after due allowance for the cost of transportation has been made, shall be upon the defendant. (As amended Apr. 24, 1937, c. 420, sec. 4.) Sec. 6248-5. Enforcement of law by commissioner, etc.-The commissioner of agriculture, his deputy, assistants, inspectors, agents, and employees shall enforce the provisions of this act and in so doing shall have all the powers conferred upon them and each of them by the provisions of chapter 21A, General Statutes, 1923, and all other laws heretofore enacted. ('27, c. 252, sec. 5.) Sec. 6248-6. Complaints-Investigations - Prosecutions-Forfeiture of corporate charters—Injunctions.—If complaint shall be The requirement in sec. 6248-3 that the "actual cost of hauling by wagon or truck" be deducted from the purchase price of farm products is vague and uncertain and therefore violates due process of law. Actual cost has no common-law significance and the statute, without specification of the items such as repairs, depreciation, and wages of drivers, which are to be computed in determining cost, is too indefinite to be enforced. State v. Northwest Poultry & Egg Co., 203 Minn. 438, 281 N. W. 753 (Minn. 1938). made to the commissioner of agriculture that any person is guilty of unfair discrimination defined by this act, he shall investigate such complaint and the commissioner of agriculture may also upon his own initiative investigate whether or not this statute has been violated, and in either event for that purpose he may subpoena wit-. nesses, administer oaths, take testimony, and if in his opinion sufficient ground exists therefor he may prosecute an action in the name of the State, in the proper court, to annul the act of incorporation or the existence of a corporation engaged in such business practice. If any corporation is adjudged by any court guilty of unfair discrimination as defined by this act such court may vacate the charter or revoke the authority of such corporation to do business in this State and may permanently enjoin it from transacting business in this State. ('27, c. 252, sec. 6.) Sec. 6248-7. Violations of law-Penalty.-Any person violating the provisions of section 3 of this act shall, upon conviction thereof, be fined not less than $50 for each offense, or, in default of the payment of such fine, by imprisonment in the county jail for not less than three months nor more than one year. ('27, c. 252, sec. 7.) Sec. 6248-8. Prosecutions instituted by persons other than commissioner. The authority hereby extended to the commissioner of agriculture shall be considered as duties only and shall not be construed to preclude any prosecuting officer or any party interested from instituting proceedings, civil or criminal, for the enforcement of any of the provisions of this act. ('27, c. 252, sec. 8.) Sec. 6248-9. Construction of act.-Nothing in this act shall be construed as repealing any other act or part of any other act, unless inconsistent herewith, but the remedies herein provided shall be cumulative to all other remedies provided by law. If any section, subdivision, sentence, or clause in this act shall, for any reason, be held to be unconstitutional or void, such judgment shall not affect the validity of any other portion of this act. (As amended Apr. 24, 1937, c. 420, sec. 3.) Stat. (Mason, 1927) Milk, Cheese, Butter Sec. 3907. Discrimination.-Any person, firm, copartnership, or corporation engaged in the business of buying milk, cream, or butterfat for manufacture or for sale of such milk, cream, or butterfat, who Section 3907 is unconstitutional. Fairmont Creamery Co. v. State of Minnesota, 274 U. S. 1, 47 Sup. Ct. 506, 71 L. Ed. 893 (1927) rev'g. 168 Minn. 378, 210 N. W. 163 (1926), 162 Minn. 146, 202 N. W. 714 (1925). The court held that since the prohibition of the statute applies irrespective of results or intent, it shall discriminate between different sections, localities, communities, or cities of this State, by purchasing such commodity at a higher price or rate in one locality than is paid for the same commodity by said person, firm, copartnership or corporation in another locality, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase to the locality of manufacture or locality of sale of such milk, cream, or butterfat, shall be deemed guilty of unfair discrimination, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for not exceeding 90 days. ('21, c. 305, sec. 1, amended '23, c. 120, sec. 1.) Sec. 3908. Higher price.-Proof that any person, firm, copartnership, or corporation has paid a higher price for milk or cream in one locality than in another, after due allowance for the cost of transportation has been made, shall be prima facie evidence of the violation of this act. (21, c. 305, sec. 2).8 Sec. 3909. Dairy commissioner to enforce provisions.-The state dairy and food commissioner, his assistant, inspectors, agents and employees shall enforce the provisions of this act, and in so doing shall have all the powers conferred upon them, and each of them, by the provisions of chapter 21, Revised Laws of 1905. ('21, c. 305, sec. 3.)8 EXPLANATORY NOTE: Ch. 21, R. L. 1905, mentioned above, is set forth in this chapter in its amended form. Sec. 3910. Repeal.-The following laws are hereby expressly repealed, to wit: Chapter 468 of the General Laws of 1909. Chapter 337 of the General Laws of 1917. Provided, however, That the express or implied repeal by the provisions of this act of any law not in force shall not affect any action or proceeding now pending in any court. ('21, c. 305, sec. 4.) impairs normal freedom of contract and has no relation to the prevention of monopoly or of restraints upon competition. Section 3907 prior to the amendment of 1923 required an intent to suppress competition as an element of violation and in that form was held constitutional. The court stated that circumstances in the dairy industry might reasonably be taken to justify singling it out for regulation. State v. Bridgeman & Russell Co., 117 Minn. 186, 134 N. W. 496 (1912). Since section 3907 forbids discrimination by buying at a higher rate, an indictment properly lies in the county where the higher price was paid. State v. Fairmont Creamery Co., 162 Minn. 146, 202 N. W. 714 (1925). Secs. 3907, 3908, and 3909, declared unconstitutional, are identical with secs. 10482, 10483, and 10484. See Fairmont Creamery Co. v. State of Minnesota, supra. Stat. (Mason, 1927) Hog Cholera Serum Sec. 5453. Must not discriminate.-Manufacturers and dealers shall sell hog cholera serum and virus to all permit holders without discrimination as to price or otherwise subject to the rules and regulations of the board. ('23, c. 112, sec. 22.) Sec. 5454. Violations and penalties.-It shall be unlawful for any person authorized under this act to manufacture, sell or distribute serum or virulent blood or virus, to grant any rebate, either directly or indirectly, to any person or to sell said products at any other than a uniform price to all persons, and any person violating the provisions of this section shall forfeit his license to manufacture or sell such products and the same shall not be renewed for a period of one year. (23, c. 112, sec. 23.) |