ner altering any other act or part of act heretofore adopted by the legislature of this State, but the remedies herein provided shall be cumulative to all other remedies now existing. (1907, ch. 258, sec. 5.)

L. 1939, c. 8

Unfair Discrimination Purchase Certain Farm Products

Sec. 1. Definition. The following words, terms, and phrases shall, for the purposes of this act, be given the meaning hereinafter subjoined to them.

Sec. 2. (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, and poultry.

(c) The term "bona fide competitor" shall be deemed to be a duly licensed dealer in any farm product maintaining a place of business in the same trade territory.

Sec. 3. Discrimination prohibited. Any person engaged in the business of buying any such farm products, for manufacture or sale, who shall discriminate between different sections, localities, communities, cities, or villages of this State, by purchasing any such farm products at a higher price or rate in one locality than is paid for such 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 paid from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful. 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 section or locality, for farm products of the same kind and grade, provided such price is paid in a bona fide and good faith effort to meet competition, and in such case the burden of proving such facts shall be upon the defendant.

Sec. 4. Evidence.-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, or has paid another person a different price for the same kind and quality product in the same community, after due allowance for the cost of transportation has been made, shall be prima facie evidence of a violation of this act.

Sec. 5. Enforcement.-The commissioner of agriculture and labor, the state dairy commissioner and his deputies, assistants and agents,

and the State's attorneys, sheriffs, and peace officers of the respective counties, shall enforce the provisions of this act, and in so doing shall have all the powers conferred upon each of them by the provisions of law.

Sec. 6. Investigation; revocation of charter.-If complaint shall be made to the commissioner of agriculture and labor, or to the dairy commissioner, that any person is guilty of unfair discrimination, either of them shall forthwith investigate such complaint, or may, upon his own initiative, investigate whether this statute has been violated, and in either event, for that purpose, either of them may subpoena, supervise, and control witnesses the same as the district court, 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 corporation or the existence of the corporation violating the provisions of this act. If any corporation is adjudged by the courts to be guilty of unfair discrimination, such court may vacate the charter or revoke the authority of such corporation to do business in the State of North Dakota, and may permanently enjoin it from transacting business in this State.

Sec. 7. Penalties.-Any person violating the provisions of section 3 of this act shall, upon conviction thereof, be fined not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), for each offense, and in default of the payment of such fine be imprisoned in the county jail for not less than three (3) months, nor more than one (1) year.

Sec. 8. Instituting other proceedings.-The authority hereby extended to the commissioner of agriculture and labor and the dairy commissioner shall be considered as their duties only, and shall not be construed to preclude any other prosecuting officer or any interested party from instituting proceedings, civil or criminal, for the enforcement of any of the provisions of this act.

Sec. 9. Repeal.-Chapter 3 of the Session Laws of 1933 is hereby expressly repealed, but nothing in this act shall be construed as repealing any other act or parts of acts, but the remedies herein provided for shall be cumulative to all other remedies provided by law.

Sec. 10. Emergency. This act is hereby declared to be an emergency measure, and shall take effect immediately upon its passage and approval.

OHIO

REGULATION OF PRICE COMPETITION

A. RESALE PRICE MAINTENANCE 1

Code Ann. (Baldwin's Throckmorton, 1936)

Sec. 6402-2. Purpose of act.-The purpose of this act is to promote the public welfare by protecting the general public, trade-mark owners, and distributors against injurious and uneconomic practices in the distribution of articles of standard quality bearing a trademark, brand, or name. (116 v. pt. 2, 1st s. ses. H. 609, sec. 1. Eff. July 9, 1936.)

Sec. 6402-3. Contract, certain provisions not deemed in violation of law. No contract relating to the sale or resale of a commodity which bears, or the label or container or content of which bears, the trade-mark, brand, or name of the producer or of the owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the State of Ohio by reason of any of the following provisions which may be contained in such contract:

(a) That the buyer will not resell such commodity at less than the minimum price stipulated by the vendor.

(b) That the vendee or producer require any person to whom he may resell such commodity to agree that he will not, in turn, resell such commodity at less than the minimum price stipulated by such vendor or by such vendee.

Such provisions in any contract shall be deemed to contain or imply provisions that such commodity may be resold, without reference to such agreement, in the following cases:

'A contract by a manufacturer binding his vendees to resell his commodity at a price fixed by the manufacturer is void and unenforceable under the antitrust law. Freeman v. Miller, 21 Ohio Dec. 766 (1909); McCall Co. v. O'Neil, 25 Ohio Dec. 591 (1914).

(a) When closing out the owner's stock for the purpose of discontinuing delivery of any such commodity, provided, however, that such stock is first offered to the manufacturer of such stock, or his duly authorized agent, at the prevailing invoice stock price, at least ten (10) days before such stock shall be offered for sale to the public. (b) When the commodity is damaged or deteriorated in quality and proper notice thereof is given to the public.

(c) When the commodity is sold by the order of any court of record. (116 v. pt. 2, 1st s. ses. H. 609, sec. 2. Eff. July 9, 1936.) This section referred to in section 6402-4.

Sec. 6402-4. Sale, etc., of commodity at less than minimum price; penalty.-Whoever knowingly and wilfully advertises, offers for sale, or sells any commodity at less than the minimum price stipulated in any contract entered into pursuant to the provisions of section 2 of this act, whether said person so advertising, offering for sale or selling such commodity is or is not a party to such contract shall be deemed guilty of engaging in unfair competition and unfair trade practices and is actionable at the suit of any person damaged thereby. (116 v. pt. 2, 1st s. ses. H. 609, sec. 3. Eff. July 9, 1936.) Sec. 6402-5. Liability when provisions violated.-Any person violating the provisions of this act shall be liable at the suit of any other retailer of such commodity or at the suit of any other person or persons injured thereby, including the producer of such commodity, which suit may be for an injunction against such practice. (116 v. pt. 2, 1st s. ses. H. 609, sec. 4. Eff. July 9, 1936.)

Sec. 6402-6. Act not applicable, when.--This act shall not apply to any contract or agreement between producers or between wholesalers, or between retailers as to sale or resale prices. (116 v. pt. 2, 1st s. ses. H. 609, sec. 5. Eff. July 9, 1936.)

Sec. 6402-7. Definitions.-As used in this act unless otherwise expressly stated, or unless the context or subject matter otherwise requires :

"Producer" means grower, baker, maker, manufacturer, or pub

lisher.

"Commodity" means any subject of commerce bearing a trademark, brand, or name.

"Trade-mark," "brand," or "name" means any form, symbol, or name appropriated by any person, as herein defined, who produces or owns or in any manner deals in a commodity, to designate the origin of ownership thereof.

"Person" includes individuals, partnerships, corporations, and any other business unit and/or receiver, trustee, or assignee of such business units. (116 v. pt. 2, 1st s. ses. H. 609, sec. 6. Eff. July 9, 1936.)