the remittitur of the supreme court, if such court directs that the order of the commission be affirmed or the petition for review dismissed.

If the supreme court directs that the order of the commission be modified or set aside, the order of the commission rendered in accordance with the mandate of the supreme court shall become final upon the expiration of thirty days from the time it was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected to accord with the mandate, in which event the order of the commission shall become final when so corrected.

If the order of the commission is modified or set aside by the district court and if (1) the time allowed for filing a notice of appeal to the supreme court has expired and no such notice of appeal has been duly filed or (2) the decision of the district court has been affirmed by the supreme court, then the order of the commission rendered in accordance with the mandate of the district court shall become final on the expiration of thirty days from the time such order of the commission was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected · so that it will accord with the mandate, in which event the order of the commission shall become final when so corrected.

If the supreme court orders a rehearing; or if the case is remanded by the district court to the commission for a rehearing, and if (1) the time for filing a notice of appeal to the supreme court has expired and no such notice of appeal has been duly filed, or (2) the decision of the court has been affirmed by the supreme court, then the order of the commission rendered upon such rehearing shall become final in the same manner as though no prior order of the commission had been rendered.

Any person, firm, or corporation who violates an order of the commission to cease and desist after it has become final, and while such order is in effect shall forfeit and pay to the State of Montana a penalty of not more than one thousand dollars ($1,000.00) for each violation, which shall accrue to the State of Montana and may be recovered in a civil action brought by the State of Montana.

The remedies and method of enforcement of this chapter provided for in this section shall be deemed concurrent and in addition to the other remedies provided in this chapter. (Amended by ch. 50, Laws of 1939, approved Feb. 22, 1939, effective July 1, 1939.)

Sec. 3946.14. The Montana Trade Commission is hereby empowered and directed whenever application there for shall have been made by ten or more persons, firm or corporations within any particular

retail trade or business to establish the cost survey provided for in section 3946.5. When petition for such cost survey has been so presented to the commission, the commission shall, as soon as possible, fix a time for a public hearing upon the question of whether such cost survey should be established. Such hearing shall be held at the office of said commission and upon such notice as the commission may by rule require: Provided, however, That notice of such hearing shall be published for at least two successive weeks in such daily newspaper or newspapers as the commission may designate as most commonly circulated in the counties to be affected by such cost survey. Said notice shall further state the locality or area in respect to which said cost survey is proposed to be established and the particular retail trade or business to be affected thereby.

At the time fixed in said notice any person, firm or corporation shall be entitled to appear and be heard by the commission upon all questions to be determined by it as provided in this section. If the commission shall determine that a cost survey shall be established, it shall at the same hearing proceed to classify and define the particular retail trade or business, or parts thereof, to be affected thereby, determine and delimit the particular area within which such retail trade or business shall be so affected, and find and determine the probable "cost of doing business" or "overhead expense," stated in percentage or percentages of invoice or replacement cost which would probably be incurred by the most efficient person, firm or corporation within such retail trade or business within such area.

The percentage or percentages so fixed and determined shall be presumed to be the actual "cost of doing business" and "overhead expense" of any person, firm, or corporation in such retail trade or business and within the area affected by such cost survey. (Added by ch. 50, Laws of 1939, approved Feb. 22, 1939, effective July 1, 1939.)

Sec. 3946.15. The Montana Trade Commission for the purpose of conducting hearings and investigations which, in the opinion of the commission, are necessary and proper for the exercise of the powers vested in it by this chapter shall have the following powers:

The commission, or its duly authorized agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. Any member of the commission shall have power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question, before the commission, or before its

duly authorized agent conducting the investigation. Any member of the commission or any agent, duly authorized by the commission for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place within the State of Montana at any designated place of hearing.

In any case of contumacy or refusal to obey a subpoena issued to any person, any district court of the State of Montana, within any district where the inquiry is carried on or where a person guilty of contumacy or refusal to obey is found, or resides, or transacts business, upon application by the commission shall have jurisdiction to issue to such person, an order requiring such person to appear before the commission, or its duly authorized agent, and there to produce evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the commission, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (Added by ch. 50, Laws of 1939, approved Feb. 22, 1939, effective July 1, 1939.)

Sec. 3946.16. It shall be unlawful for any person, partnership, firm, corporation, joint stock company or other association, as defined in section 3946.3, to change, alter, substitute, or falsify any invoice where such practice tends to injure a competitor or to destroy competition or to mislead any court or commission. Said practice is unfair trade practice and any person, firm, partnership, corporation or association resorting to such trade practice shall be guilty of a misdemeanor and, on conviction, shall be subject to the penalties provided in section 3946.12. (Added by ch. 50, Laws of 1939, approved Feb. 22, 1939, effective July 1, 1939.)

Sec. 3946.17. Constitutionality.-If any section, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed this act, and each section, sentence, clause, or phrase thereof, irre

spective of the fact that any one or more other sections, sentences, clauses, or phrases be declared unconstitutional.

Sec. 3946.18. Purpose.-The legislature declares that the purpose of this act is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This act shall be literally construed that its beneficial purposes may be subserved.

Sec. 3946.19. Short title.-This act shall be known and designated as the "Unfair Practices Act."

Sec. 3946.20 Urgency. This act is hereby declared to be an urgency measure necessary for the immediate preservation of the public peace, health, and safety, and shall therefore go into immediate effect. The facts constituting the necessity are as follows:

The sale at less than cost of goods obtained at forced, bankrupted, close-out, and other sales outside of the ordinary channels or [of] trade is destroying healthy competition. If such practices are not immediately stopped, many more businesses will be forced into bankruptcy. In order to prevent such occurrences, it is necessary that this Act go into effect immediately.

C. ANTIDISCRIMINATION LEGISLATION

1. General Prohibitory Laws

Rev. Codes Ann. (Anderson & McFarland, 1935)

Sec. 10904. Unfair discrimination in purchase price of commodities. Any person, firm, company, association, or corporation, either domestic or foreign, doing business in the State of Montana, and engaged in the business of buying, selling, producing, manufacturing, or distributing any commodity or product in general use, that shall, for the purpose of creating a monopoly or destroying the business of a regularly established dealer in such commodity or product, or to prevent the competition of any person, firm, company, association, or corporation who in good faith intends or attempts to become such dealer, shall discriminate between different persons, sections, communities, or portion thereof, or parts of the State of Montana, by purchasing any commodity or product in general use at a higher rate or price in one section, city, or community, or any portion thereof, than such person, firm, company, association, or corporation pays for such commodity or product in another section, city, or community, after making due allowance for the difference in the actual cost of transportation from the point of purchase to the point

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of manufacture, sale, storage, or distribution, and for the difference in the grade and quality of such commodity, or product, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful.

Proof that any person, firm, company, association, or corporation has paid a higher rate or price for any such commodity or product in one section, city, or community, or any portion thereof, than such person, firm, company, association, or corporation paid for such commodity or product in another section, city, or community, or portion thereof, after making due allowance for the difference in the actual cost of transportation from the point of purchase to the point of manufacture, sale, storage, or distribution, and for the difference in the grade and quality of such commodity, or product, shall be prima facie evidence of the violation of this act: Provided, however, That the payment of such higher rate or price in one section, city, or community, or any portion thereof, than each person, firm, company, association, or corporation pays for such commodity or product in another section, city, or community, after making such allowance as above provided, shall not be deemed to be unfair discrimination provided such higher rate or price is paid for the purpose of meeting the rate or price set by a competitor in such section, city, or community, but the burden of proof of such fact shall be upon the person, firm, company, association, or corporation charged with unfair discrimination.

History: En. sec. 1, ch. 8, L. 1913; amd. sec. 1, ch. 80, L. 1917; re-en. sec. 10904, R. C. M. 1921; amd. sec. 1, ch. 131, L. 1925.

Sec. 10905. Prosecution by attorney general.-If complaint shall be made to the attorney general that any corporation is guilty of unfair discrimination, as defined by this act, he shall forthwith investigate such complaint, and for that purpose he shall subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents, and if, in his opinion, sufficient grounds exist therefor, he shall prosecute an action in the name of the State in the proper court to annul the charter or revoke the permit of such corporation, as the case may be, and to permanently enjoin such corporation from doing business in this State; and if, in such action, the court shall find that such corporation is guilty of unfair discrimination, as defined by this act, such court shall annul the charter or revoke the permit of such corporation, and may permanently enjoin it from transacting business in this State.

History: En, sec. 2, ch. 8, L. 1913; amd. sec. 2, ch. 80, L. 1917; re-en. sec. 10905, R. C. M. 1921.

Sec. 10906. Penalty for violation of law.-Any person, firm, or corporation violating the provisions of section 10904 of this code,