Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1909-06-17
Rendered An Opinion.


General Byers has forwarded to
Commissioned Wright a complete ex.
PLANTATION of the new Law passed by
the recent legislature, f~orhidding 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
sen 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 BUSH
ness in this state and engaged in the
business of buying milk, cream or but,
ter fat for the purpose of manuSac-
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 a 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
elimination in price for an illegal pur-
pose, viz, for the destroying Of COM
petition or the creating of a mono
nnIx, Tho anf ffCnIf hAununr #nnrpnffc
the paying Of a 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 a particular
locality.
THE payment Of a 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 lis as clearly illegal and a
violation of the act as though a diff
ferent price were paid in the regular
way, provided that this Is done for
the purpose of destroying the bust
ness of a competitor or creating a
monopoly.
""The enforcement of this act is by
section 5028-e Of the supplement to
the code, 1907, especially enjoined up
on the county attorney and the at.
torney 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 it's relation to your depart.
ment.
Considering that complaints for
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"
Woman for Reformatory Head.
IF We could find a with
executive ability for the head of the
Mitchellville school we would prefer
her to a man." declared Chairman
John Cownie of the state board Of
control.
This was the first positive an
nouncement that the board of control
favocs a woman as successor to Sup
erintendent E. p. Fitzgerald, who has
resigned. According to Mr.. Cownie
only a few women have applied for
the position and the greatest difficulty
confronting the board is to find a
woman capable OF managing the
school and carrying on the good work
done by Mr.. Fitzgerald.
Mrs. Geo. NeMman EaIIs Dad