SECTION 3

COAL AND FUEL

COLORADO

Stat. Ann. (Michie, Supp., 1939), c. 110

Coal

Section 167 (1) provides that the mining and marketing of coal is hereby declared to be a business affected with a public interest. The purpose of this article is to eliminate unfair trade practices in the production and marketing of coal within the State of Colorado. Section 167 (2) provides that the public utilities commission has jurisdiction to enforce provisions of this article.

Section 167 (3) provides that there shall be two producing districts.

Section 167 (4) provides that the commission shall approve or prescribe a code of fair competition to regulate the sale and distribution of coal produced within the district and shall prescribe the minimum prices for such coal. The commission shall prescribe such orders, rules, and regulations as it finds necessary to carry out the purposes of this article and to maintain conformity of such district codes to the corresponding national codes. The commission may utilize services of agencies created under the National Bituminous Coal Act of 1937.

Section 167 (5) provides that upon approval of the code, the commission shall mail a copy to each coal producer in district.

Section 167 (6) provides that violation of the provisions of this article shall constitute a misdemeanor and shall subject the offender to a fine of not more than $500.

Section 167 (8) provides that every contract for the purchase of coal shall contain provision that the seller will comply with any code approved by the commission.

Section 167 (11) provides that from and after the effective date of this article and during the continuance here of all contracts made

for the sale of coal in Colorado shall specifically provide that they are subject to the provisions of any code which may be adopted hereunder affecting the price of such coal, and the making of any contract without such provisions shall constitute a violation of this article.

CONNECTICUT

Gen. Stat. (1930)
Fuel

Section 2306 provides that the term "hoard," as used therein, shall mean that any person, firm, or corporation dealing in fuel withholds the same from sale or delivery at a reasonable price during an emergency. The term "profiteer," as used herein, shall mean any person, firm, or corporation which holds for sale, or sells, fuel at an excessive profit, or charges an excessive rate or places unreasonable restrictions or conditions upon the sale, delivery or transportation of fuel. The section further provides that whenever the governor shall, by public proclamation, declare that an emergency exists because of a fuel shortage the provisions hereof may be enforced from the date of such proclamation until, in like manner, he shall declare the emergency at an end.

During such emergency, no person, firm, or corporation, and no employee of any person, firm, or corporation shall hoard or profiteer in fuel, or hinder or obstruct or in any way interfere with its prompt sale, distribution, or transportation. Each person, firm, or corporation dealing in fuel shall make and keep accurate and complete written record of all transactions concerning the same.

During any emergency, the commissioner, any member of the state police under his direction and any local fire marshal shall have the power to enforce this section.

Any person, firm, or corporation violating any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

MASSACHUSETTS

Ann. Laws (1933) c. 23
Food and Fuel

Section 9E provides that the division [on the necessaries of life] shall study and investigate the circumstances affecting the prices of

fuel, gasoline, and refined petroleum products and other commodities which are necessaries of life. It may inquire into all matters relating to the production, transportation, distribution, and sale of the said commodities, and into all facts and circumstances relating to the cost of production, wholesale and retail prices, and the method pursued in the conduct of the business of any persons, firms, or corporations engaged in the production, transportation, or sale, of the said commodities, or of any business which relates to or affects the same. It shall also study and investigate the circumstances affecting the charges for rent of property used for living quarters, and in such investigation may inquire into all matters relating to charges for rent.

Section 9H provides that whenever the Governor shall determine that an emergency exists in respect to food or fuel, or both, he may, with the approval of the council, by a writing signed by him, designate the director of the division on the necessaries of life to act as an emergency food or fuel administrator, or both, and thereupon the director shall have, with respect to food or fuel, or both, as the case may be, all the powers and authority granted by the Commonwealth Defense Act of 1917, being chapter 342 of the General Acts of 1917, to persons designated or appointed by the Governor under section 12 of said chapter 342; and the Governor may revoke such written authority at any time. During such an emergency, the Governor, with the approval of the council, may make and promulgate rules and regulations, effective forthwith, for the carrying out of the purposes of this section and for the performance by the Commonwealth and the cities and towns thereof of any function affecting food or fuel authorized under article XLVII of the amendments to the constitution. Violation of any such rule or regulation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both. The provisions of said chapter 342 are hereby made operative to such extent as the provisions of this section may from time to time require.

NEW MEXICO

Stat. Ann. (Courtright, 1929)
Coal and Oil

Section 24-101 provides for the creation of a commission of three members to be appointed by the Governor. The commission is empowered to issue licenses, and make such orders, rules, and regulations as it deems essential to carry out the purposes of this act.

Section 24-102 provides that no corporation shall engage in the business of producing or refining petroleum or coal oil, or products thereof without first obtaining a license from the commission. The section further provides that licenses issued to persons or corporations may be revoked when found guilty of violating sections 1685 (35-2901), 1686 (35-2902), or 1687 (35-2903) dealing with monopolies or acts in restraint of trade.

Section 24-104 provides that no person shall sell, dispose of, or offer to sell or dispose commodities produced or refined as defined in section 24-102, supra, without obtaining a license from the commission. Whenever the commission is satisfied that the licensee to whom such license has been granted has entered into any combination with the producer, refiner, or dealer from whom such commodity has been purchased in violation of section 1686 (35–2902) the commissioner is empowered to forthwith revoke such license.

Section 24-108 provides that the commission shall have power to inquire into the cost of production and transportation of the products above mentioned, and from time to time shall fix the minimum and maximum prices at which the same may be sold in the State; and whenever it shall appear that any corporation, its agents or employees are selling such products at less than the minimum price fixed therefor, or for more than the maximum price fixed therefor, such fact shall be deemed evidence of the violation of section 1686 (35-2902), for the purpose of the revocation of any license which may have been granted, and it shall be the duty of the said commission, upon ascertaining such fact, to revoke the license of said corporation.

Section 24-109 provides that it shall be the duty of the attorney general of the State upon the request of said commission, whenever, any corporation, copartnership, or person persists in doing business in said State in violation of the preceding sections, to proceed by injunction to prevent them from so doing, and it shall be the duty of the court to whom such application is made, having jurisdiction thereof, whenever it appears that business is so being unlawfully done, to grant such injunction: Provided, That the provisions of the said sections shall not apply to petroleum, coal oil, or the prod ucts thereof shipped or transported into this State from any other State or Territory, and disposed of in the original package.

SECTION 4

SERVICE TRADES

ALABAMA

(General Acts of 1935, pp. 746-748)

Section 1 declares that an emergency situation exists among the service trades in this State which effects commerce and the public welfare. Because of ruinous price cutting and widespread unemployment prevailing in the trades it is necessary to authorize the adoption of ordinances providing for fair competition.

Section 2 provides that the act applies only to those trades where personal services are rendered upon a person or persons or their clothing without sale of merchandise as such.

Section 3 provides that in cities whose population is not less than 60,000 nor more than 250,000, the owners of not less than 60 percent of the business establishments in any such service trade may apply to the governing body of such city for the enactment of an ordinance providing for fair competition.

Section 4 provides that the violation of any provision of any ordinance adopted under the provisions of this act shall constitute a misdemeanor. Every day's continuance of such violation shall constitute a separate offense, and each offense is punishable by a fine of not more than $100 or imprisonment for not more than 30 days.

Section 5 provides that the application for an ordinance providing for fair competition shall state the number of business establishments in such city or town engaged in the trade petitioning for such ordinance.

Section 6 provides that the governing body of the city or town may approve or reject the application for such ordinance. Upon adoption, such ordinance shall regulate the conduct of every person engaged in such service trade within its jurisdiction.1

'A city ordinance fixing minimum prices for barber services pursuant to statute was held valid as not being a justifiable exercise of the police power and as being discriminatory. City of Mobile v. Rouse, 27 Ala. App. 343, 173 So. 254 (1937), aff'd, 233 Ala. 622, 173 So. 266 (1937). The court held that the legislature exceeded its power in attempting to authorize cities and towns to fix prices for personal services which are not affected with public interest. The service of barbering is not official in character, nor rendered in connection with a business affected with the public interest.