Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1909-06-15
OPINION IS GIVEN
Attorney General Byers Explains
Creamery Law.
CANNOT CREATE MONOPOLY
Forwards An Opinion az to the New
Statute Forbiddlng Dis
elimination In Pur-
chases.

Des Moines, Iowa, June s.-Attorney
General Byers has forwarded to Dairy
Commissioner Wright complete ex-
PLANTATION of the new law passed by
the recent legislature, forbidding dis
ordinations in the purchase of milk,
cream. butter. eggs or other produce.
Commissioner Wright had asked the
opinion because of the numerous re-
quests for information as to the
meaning of the law. which have been
sent to him.
Mr.. Byers' communication is as fol-
lows:
"The purpose of the act was to pro-
hibit any person, firm, company, as
ISOLATION or corporation doing bust
ness In this state and engaged in the
business of buying milk, cream or but
ter fat for the purpose Of manufac-
ture, or of buying poultry, eggs or
grain for the purpose of sale or stor-
age, from destroying the business of
a competitor or creating monopoly
by paying different prices in different
parts of the state for the same grade
and quality Of the article purchased
after making due allowance for the
difference In transportation from the
point of purchase to the point Of
manufacture. sale or storage. The
thing prohibited by the act is the dis
n o. in fov
pose. viz. for the destroying Of com
petition or the creating of a mono,
poly. The act itself, however, permits
the paying Of different price in one
place than is paid generally by the
same person at different points
throughout the state. provided the
change in price is made in good faith
to meet competition in particular
locality.
"The payment of different price
than that generally paid throughout
the state for the same article, con.
sidering the difference in cost OF
transportation, by the indirect meth
cd of fraudulently reading the butter
fat test Is as clearly Illegal and 9
violation of the act as though diff
ferent price were paid In the regular
way. provided that this Is done fol
the purpose Of destroying the bust
ness OF competitor or creating 8
monopoly.
"The enforcement of this act is by
section 5028-e Of the supplement tc
the code, 1907, especially enjoined up
on the county attorney and the at
toney general
Il conclude. therefore, that the only
duty encumbent upon you in refer
ence to this act is that which neces
sarily results from the nature of the
act and Its relation to your depart
ment
Considering that complaints fol
violation Of this act will constantly
be presented to your department, ]
suggest that you refer all such com
plants to the county attorney of the
county where the law is violated, and
also to the department of Justice"
Board on Water Ways Named.
Governor B. F. Carroll named the
first state drainage and conservation
commission that Iowa ever had, in &C
cordance with the law passed by the
recent legislature setting aside $4,000
for preliminary steps towards making
Iowa rivers nayigable. The commits
sion ia as follows:
AL. c. Miller of Des Moines, DR.. T
M. Mcbride of Iowa City, E. A. Bur
CESS of Sioux City. Senator A. F. Frud
den of Dubuque. Prof W. H. Steven
son Of Ames. ]. w. Keerl of Masor
City. L. w. Anderson of Cedar Rapids
| By people who are Interested In
improvement Of Iowa waterways and
the conservation of the states natur
al resources. the creation of this
board is regarded as the most i'm
portant act Of the legislature. The ap
preparation Is too small however, to
admit of the carrying out of the pro
visions of the act. which calls fol
river surveys, geological tests, forest
preservation. use of water power, etc
A secretary. at $500 per year, is pro
vided for. He will be elected probab
ly when the board holds it's first meet
ing in July.
Red Book Completed Soon.
The official Red Book of Iowa, pub.
lished under the direction of Secre.
tary of State Hayward. will be com
pleted shout June Is. SO Captain Guy
Brewer. editor-ln-chief. believes. The
Red Book will excel In many ways
any previous volume of this sort.
Captain Brewer has the names of all
the legislators. together with pictures
of the leading state officials, SO that
the book will be handy reference
work.
Governor to Have Busy Week.
Governor B. F.. Carroll has a busy
week ahead of himself, as he is slated
to make three addresses. One is be.
fore the state G. A. r. encampment
at Fort Dodge. one before the State
Bankers convention at Waterloo.