The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-01-10


ard or figure whereby the price of any
article of merchandise, commerce, or
produce, intended for sale, use or con-
suption, will be in any way controlled,
or to create a monopoly in the manu-
facture, sale or transportation of such
article, or to enter into an obligation
by which they shall bind others or
themselves not to manufacture, sell OF
transport any such article below
common standard or figure, or by
which they agree to keep such article
or transportation at fixed or gradu--
ated figure, or by which they settle
the price of such article, so as to
preclude unrestricted competition, is
punishable by Imprisonment in the
state prison not exceeding five years,
or by fine not exceeding 100000 or
both. Every corporation violating the
provisions of this section forfeits to
the state all its property and fran
chises, and in the case of a foreign
corporation, it is prohibited from.
carrying on business in the state.
The statute however contains the
following little JOKER"
"The provisions Of this chapter do
not apply to any arrangement, agree
ment, or combination between labor
ers, made with the object of lessening
the hours of labor or increasing wages,
nor to persons engaged in horticul-
ture or agriculture, with a view to
enhancing the prices of their product"
This provision makes it class leg
islation which has been decided I'M
constitutional and non-effective, how
ever, the common law" when not
conflicting with the constitution of
the United States or the constitution
OF the state is the rule of decision in
all courts. The common law is very
explicit on this point as will be seen
by the following quotation from The
Cyclopedia Of Law and Procedure:
ut is an indictable conspiracy at
common law for persons dealing in
commodity which is one of the nee
essaries of life to bind themselves
under penalty not to sell such COM
modify at less than designated price
"a conspiracy will be indictable lat
common law If the end proposed or
the means employed are, by reason
of the combination, particularly dang
erous to the public or particularly
injurious to some individual, although
not criminal"
No doubt the common law" has
been violated many times in our own
state, but as people become better
versed in these matters and as these
actions become burdensome and the
limit of endurance is reached there
will be a retaliation and even though
our own laws do not protect us secure
ly in these matters their is still law
enough available to prevent the FORM
ing of combines to fix prices on the
necessaries of life.
We cry out against trusts and
monopolies and in the midst of ou1
cries we enter combinations and
boost prices to the limit. Consistency,
thou are a jewel but you are like one
of those of which the poet speaks:
Full many gem Of purest ray SER
enc, the dark unfathomed caves of
ocean bear
That there is need Of a change in
the methods of mercantile bushes.
is unquestionable. The man who pays
cash from day to day as he makes
purchases, causing no expenses of a
book-keeper or collector nor any
"red" entries in the Profit and LOSS
account does not receive the consider
alton due him. There must be a
price marked on goods sold on time
to compensate for the credit extend.
ed and the liability to loss. From this
price every cash customer is entitled
to a reasonable discount. Every whole
sale house recognizes this and why
not the retail dealer? We have
preached this for years and believe
that the business man who adopts the
same plan pursued by wholesale
houses will meet the approval of the
best class of customers.