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the particular products under the statute was reasonable. In answer to the contention that the statute discriminated against merchants owning stores in more than one locality in the State, the court held that this defense was invalid and that all persons subject to the terms of the statute are treated alike under like circumstances and conditions.

Indictment.

An indictment charging violation of this statute does not have to name the competitor alleged to have been injured. The injury committed is to the public and the name of the particular competitor is immaterial. State v. Standard Oil Co. of Ind., 150 Ia. 46, 129 N. W. 336 (1911).

Venue.

An indictment brought in the county where defendant is alleged to have sold goods at higher prices than elsewhere is demurrable. The offense described in the statute being the sale of commodities at a lesser price. Ibid.

2. Special Prohibitory Laws

Code (1939)

Biological Products

Sec. 2741. Price of virus.-Persons holding permits, either as manufacturers or dealers, shall sell all biological products at a uniform price to all persons to whom sales are made. No rebate on said price shall be given, either directly or indirectly, in any manner whatsoever. (C24, 27, 31, 35, sec. 2741.)

Sec. 2717. Revocation of permit.-Such a permit shall be automatically revoked:

1. In case of a dealer, by his failure to execute and file with the department a new and approved bond when required by law.

2. In case of a manufacturer, by his ceasing to be the holder of a United States Department of Agriculture license for the manufacture and sale of biological products.

3. In case of either a manufacturer or dealer, for discrimination in the price at which such biological products are sold, and such permit shall not in such case be renewed for one year. (Id., sec. 2717.)

Sec. 2743. Violations.-Any person who violates any provision of this chapter, or any rule of the department, or who shall hinder or attempt to hinder the department or any duly authorized agent or official thereof in the discharge of his duty, shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars. (Id., sec. 2743.)

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Eggs

Sec. 3112. Deduction to be determined by candling.-No person shall in buying or selling eggs take or give a greater or less deduction for eggs candled out as unfit for food than the actual loss which has been determined by the careful candling of the same. (C24, 27, 31, 35, sec. 3112.)

Pittsburgh-Plus

Sec. 9929. "Pittsburgh-Plus."-There is hereby created a committee consisting of the Governor and the attorney general, which committee shall have full power and authority to protect and shall be charged with the duty of protecting the State of Iowa and the people thereof against the steel trade practice commonly known as the "Pittsburgh-Plus" and other similar trade practices, and said committee is hereby authorized to use all lawful means for the accomplishment of said purposes. (C24, 27, 31, 35, sec. 9929.)

KANSAS

REGULATION OF PRICE COMPETITION

A. RESALE PRICE MAINTENANCE 1

Gen. Stat. Ann. (Corrick, Supp., 1937)

Sec. 50-301. Definitions.-The following terms, as used in this act, are hereby defined as follows:

(a) "Commodity" means any subject of commerce.

(b) "Producer" means any grower, baker, maker, manufacturer, bottler, packer, converter, processor, or publisher.

(c) "Wholesaler" means any person selling a commodity, other than a producer or retailer.

(d) "Retailer" means any person selling a commodity to consumers for use.

(e) “Person” means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust or any unincorporated organization. (L: 1937. ch. 165, sec. 1; Mar. 4.)

Sec. 50-302. Commodity sale or resale contracts valid, when.— No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the registered trade-mark, brand, or name of the producer or distributor of such commodity and which commodity is in free and open competition with commodities of the same general class produced or distributed by others shall be deemed in violation of any law of the State of Kansas 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 seller.

A contract fixing the resale price of tractors is invalid under the antitrust law. Mills v. General Ordinance Co., 113 Kan. 479, 215 Pac. 314 (1923). A motionpicture contract whereby an exhibitor agreed with a distributor of motion pictures to charge a minimum admission price is invalid under the antitrust law as an Illegal combination between the exhibitor and distributor. United Artists Corp. V. Mills, 135 Kans. 655, 11 Pac. (2d) 1025 (1932).

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(b) That the buyer will require of any dealer to whom he may resell such commodity an agreement that he will not, in turn, resell at less than the minimum price stipulated by the seller.

(c) That the seller will not sell such commodity:

(1) To any wholesaler, unless such wholesaler will agree not to resell the same to any retailer unless the retailer will in turn agree not to resell the same except to consumer for use and at not less than the stipulated minimum price, and such wholesaler will likewise agree not to sell the same to any other wholesaler unless such other wholesaler will make the same agreement with any wholesaler or retailer to whom he may resell; or

(2) To any retailer, unless the retailer will agree not to resell the same except to consumers for use and at not less than the stipulated minimum price. (L. 1937, ch. 165, sec. 2; Mar. 4.)

Sec. 50-303. What deemed violation of resale price restrictions; remedies. For the purpose of preventing evasion of the resale price restrictions imposed in respect of any commodity by any contract entered into pursuant to the provisions of this act (except to the extent authorized by the said contract):

(a) The offering or giving of any article of value in connection with the sale of such commodity;

(b) the offering or the making of any concession of any kind whatsoever (whether by the giving of coupons or otherwise) in connection with any such sale; or

(c) the sale or offering for sale of such commodity in combination with any other commodity, shall be deemed a violation of such resale price restriction, for which the remedies prescribed by section 6 (50-306) of this act shall be available. (L. 1937, ch. 165, sec. 3; Mar. 4.)

Sec. 50-304. Who may establish minimum resale price.-No minimum resale price shall be established for any commodity, under any contract entered into pursuant to the provisions of this act, by any person other than the owner of the trade-mark, brand, or name used in connection with such commodity or by a distributor specifically authorized to establish said price by the owner of such trade-mark, brand, or name. (L. 1937, ch. 165, sec. 4; Mar. 4.)

Sec. 50-305. Resales not precluded under contract provisions enumerated in section 50-302.-No contract containing any of the provisions enumerated in section 2 (50-302) of this act shall be deemed to preclude the resale of any commodity covered thereby without reference to such contract in the following cases:

(a) In closing out the owner's stock for the bona fide purpose of discontinuing dealing in any such commodity and plain notice of the fact is given to the public; provided the owner of such stock

shall give to the producer or distributor of such commodity prompt and reasonable notice in writing of his intention to close out said stock, and an opportunity to purchase such stock at the original invoice price;

(b) When the trade-mark, brand or name is removed or wholly obliterated from the commodity and is not used or directly or indirectly referred to in the advertisement or sale thereof;

(c) When the goods are altered, second-hand, damaged, defaced or deteriorated and plain notice of the fact is given to the public in the advertisement and sale thereof, such notice to be conspicuously displayed in all advertisements and to be affixed to the commodity; (d) By any officer acting under an order of court. (L. 1937, ch. 165, sec. 5; Mar. 4.)

Sec. 50–306. Unfair competition; damage action.—Willfully and knowingly advertising, offering for sale, or selling any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of this act, whether the person so advertising, offering for sale, or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby. (L. 1937, ch. 165, sec. 6; Mar. 4.)

Sec. 50-307. Contracts or agreements exempt.-This act shall not apply to any contract or agreement between or among producers or distributors or between or among wholesalers or between or among retailers as to sale or resale prices. (L. 1937, ch. 165, sec. 7; Mar. 4.) Sec. 50-308. Invalidity of part.-(L. 1937, ch. 165, sec. 8; Mar. 4.) Sec. 50-309. Inconsistent acts.-(L. 1937, ch. 165, sec. 9; Mar. 4.) Sec. 50-310. Title of act.-This act may be known and cited as the "Fair Trade Act." (L. 1937, ch. 165, sec. 10; Mar. 4.)

Gen. Stat. Ann. (Corrick, Supp., 1937)
Cooperative Marketing

Sec. 17-1632. Contracts fixing resale prices.-Cooperative associations or corporations created under the provisions of article 16 of chapter 17 of the General Statutes of 1935 and any amendments thereto, or cooperative associations or corporations organized under similar statutes of other States and licensed to do business in the State of Kansas, are hereby empowered to enter into contracts with other cooperative associations or corporations, corporations or persons processing, handling, or selling, at wholesale or retail, the products produced by the members of such cooperative associations or corporations setting forth the minimum or maximum, or minimum and maximum resale prices at which such products may be sold by such other cooperative association or corporation, corporation or person, and to enter

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