Page images
PDF
EPUB

may file written charges with such commission against such person, firm, partnership, association, or corporation, and thereupon the commission shall issue a citation to such person, firm, partnership, association, or corporation to show cause before the commission within twenty days thereafter why his, their, or its license should not be revoked. Such person, firm, partnership, association, or corporation may appear by counsel at the hearing and contest the charge. If the charge be established by a preponderance of the evidence the commission shall make an order revoking the license, otherwise the charge shall be dismissed. Within thirty days after the order of revocation is made such person, firm, partnership, association, or corporation may appeal therefrom to the district court of the county in which the hearing was had. The appeal must be tried in the district court upon the record made before the commission, but it shall not of itself result in staying the order of revocation. Nothing provided in this act is intended to interfere with or regulate commerce between States, the legislature in passing the same being actuated solely by a desire to protect the citizens of Montana against imposition.

History: En. sec. 1, ch. 147, L. 1935.

Sec. 3913.23. Effect of partial invalidity of act-Construction.— If any clause, sentence or provision in this act shall be declared invalid, such invalidity shall not affect any other part or parts of this act. Any provision of this act is not intended to nor shall it be construed as modifying or repealing any of the provisions of sections 2420.1 to 2420.11, inclusive, of these codes (dealing with issuance of licenses).

History: En. sec. 2, ch. 147, L. 1935.

Dairy Products

Sec. 2620.58. Antimonopoly statutes made applicable to producers of dairy products. The provisions of sections 10904 to 10911, inclusive, relating to monopoly in the purchase or sale of commodities and products in general use, are hereby expressly made applicable to all persons, firms, copartnerships, and corporations engaged in the business of buying milk, cream, or butterfat for the purpose of manufacture, who shall violate any of the provisions of said sections or any of them. All milk, cream, butterfat, butter, cheese, ice cream, and other dairy products are hereby declared to be commodities and products in general use within the meaning of the sections aforesaid.

History: En. sec. 53, ch. 93, L. 1929.

See General Prohibitory Laws, supra.

NEBRASKA

REGULATION OF PRICE COMPETITION

A. RESALE PRICE MAINTENANCE

Comp. Stat. (Kyle, Supp. 1939)

Section 59-1101. 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 or distributing 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.

Sec. 59-1102. Acts deemed a violation.-No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trade-mark, brand, or name of the producer or wholesaler 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 Nebraska 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. (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 consumers for use and at not less than the stipulated minimum price, and such wholesaler will likewise agree not to resell 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.

Sec. 59-1103. Only owners of trade-marks to establish 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 a wholesaler specifically authorized to establish said price by the owner of such trade-mark, brand, or name.

Sec. 59-1104. Exceptions. No contract containing any of the provisions enumerated in section 59-1102 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 of such commodity, or to the wholesaler from whom the commodity was purchased, 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 defaced, altered, second-hand, damaged, 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.

Sec. 59-1105. Unfair competition defined and made actionable.— Wilfully 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.

Sec. 59-1106. Refusal to sell.-Any producer or wholesaler of any commodity or commodities bearing a distinguishing trade-mark, brand, or name, may refuse to sell any such commodity or commodities to any buyer who shall fail or refuse either (A) to execute a contract establishing minimum resale prices on such commodity or commodities or (B) to observe the minimum resale prices established in any such contract entered into by and between such producer or wholesaler and such buyer.

Sec. 59-1107. Contracts not affected.-This act shall not apply to any contract or agreement between or among producers or except as provided in subdivision (C) of section 2 of this act, between or among wholesalers or between or among retailers as to sale or resale prices.

Sec. 59-1108. Severability.-If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

Sec. 59-1109. Repeal.-All acts or parts of acts inconsistent herewith are hereby repealed to the extent of such inconsistency.

Sec. 59-1110. Title.-This act may be known and cited as the "Fair Trade Act."

B. PROHIBITION OF SALES BELOW COST

No statutory provisions.

C. ANTIDISCRIMINATION LEGISLATION

1. General Prohibitory Laws

Comp. Stat. (Kyle, Supp. 1939)

Sec. 59-523. Unlawful discriminations.-Any person, firm, or company, association, or corporation, foreign or domestic, doing business in the State of Nebraska and engaged in the production, manufacture, or distribution of any commodity in general use,' that shall intentionally, for the purpose of destroying the business of a competitor in any locality, discriminate between different sections, communities, or cities of this State by selling such commodity at lower rate in one section, community, or city, than is charged for said commodity by said party in another section, community, or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful.

'The production, sale, and distribution of electricity is within the contemplation of the term "any commodity in general use" and subject to the provisions of the statute. State v. Interstate Power Co., 118 Neb. 756, 226 N. W. 427 (1929).

Where a public utility company by the multiplicity of corporate forms under a single "control" established different rates in different parts of the State, the low rate fixed being inadequate and noncompensatory, a violation of the statute is effected. State v. Interstate Power Co., supra.

Proof that any person, firm, company, association, or corporation has been discriminating between different sections, communities, and cities of this State by selling a commodity at a lower rate in one section, community, or city, than is charged for said commodity by said party, in another section, community, or city, after making an allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw material, and from the point of manufacture, if a manufactured product, shall be prima facie evidence that the party so discriminating is guilty of unfair discrimination. Any person, firm, company, association, or corporation, foreign or domestic, doing business in the State of Nebraska, engaged in the business of collecting or buying any product, commodity, or property of any kind, that shall intentionally, for the purpose of injuring or destroying the business of a competitor in any locality, discriminate between the different sections, communities, or cities of this State by buying any product, commodity, or property of any kind, and paying therefor a higher rate or price in one section, community, or city than is paid for the same kind of product, commodity, or property by said party in another section, community, or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of the transportation from the point where the same is purchased to the market where it is sold, or intended to be sold, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful. Proof that any person, firm, company, association, or corporation has been discriminating between different sections, communities, and cities by buying any product, commodity, or property of any kind, and paying therefor a higher rate or price in one section, community, or city than is paid for the same kind of product, commodity, or property by said party in another section, community, or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point where the same is purchased to the market where same is sold or intended to be sold shall be prima facie evidence that the party so discriminating is guilty of unfair discrimination.

Sec. 59-524. Penalties.-Any person, firm, company, association, or corporation violating any of the provisions of the preceding section, and any officer, agent, or receiver of any firm, company, association, or corporation, or any member of the same, or any individual, violating any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than five thousand dollars, or be imprisoned in the county jail not to exceed one year, or both.

« PreviousContinue »