The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-08-30
CORPORATION COMMISSION
ASSUMES JURISDICTION
Board Claims Authority Under
Provisions Of Oklahoma
Antitrust Laws

The corporation commission this
morning issued its first vtuvr .n re
gard to regulating the ice business
within the state in the complaint
odged by Ross Upton and o her cit
lZens of Ada vs.. the Ada Ice and Fuei
Ompany. The complainants alleged
hat the company have a monopoly OF
the ice business in that vicinity and
hat ice was sold in the business dis
iricts for 40 cents a Iundred pounds
and in different residence districts
from SO to so cents was charged, ice
al the plant was sold at so cents per
hundred. The cOmplainants also al
legged short weights
The commission in its order claims
jurisdiction to regulate ice companies
under Section 10, Chapter 83 Of the
act of the legislature Of 1907-S which
.eads rs follows
whenever any business, by reason
Of its nature eXtenr, or the existence
Of a virtual monopoly therein, is such
hat the public must use the same, or
Is service. or the consideration by 1t
given. or taken, or offered, or taken
BY purchase or sale i'm such a manner
as to make ii a public consequence,
or to effect the community at large
5 to supply, demand or price of 'ao
hereof. or said business be conducted
in violation of the first section OF this
act, said business is public business,
and subject to be controlled by the
state by the corporation commission,
1r by an action in any district court
# the state as to all Of is practices,
prices, rates and charges; and it is
hereby declared 10 be the duty OF
ny person, firm or coQOrausn en-
Gagged in any public business to render
ts service and offer its commodities,
II either upon reasonable terms with
cut discrimination aud adequate to
he needs of the public, considering
he facilities of said business
Section one of the law which is re-
ferred to is termed that antitrust
clause by the commission and reads
rs follows: THAT every act, eg ee-
ment. contract or combination in the
form Of trust or Otherwise, or con
spiracy in restraint of trade 0r com
merce within tais state. which is
against public policy is hereby declar
ed to be illegal
The commission holds that the Ada
Ice company had virtual monopoly
nd also declares that the refusal OF
ice companies in other sections OF
The S ate to ship ice to any other
towns in which there is an ice plant,
lis n conspiracy in restraint Of trade
and commerce. that it was against
public policy and therefore illegal.
The only answer the ice company
made to the charge Of discrimination
n rates was that it cost more 10 de
liver ice in residence districts and
hat the company should receive more
nay for its product The commission
III it's order declares the discrimination
practice illegal and could not be jus
tified upon he theory set forth by
he ice company, although there might
he a slight difference In cost in the
delivery i'm the residence districts
over the business districts. The com
mission finds however. that the com
pany gave f9ir an accurate weigh S.
The commission requires the com
pany to sell and deliver ice at its
plant, in the business districts and in
he residence districts at the cate of
40 cents per hundred in coupon books
and deliver to any part of the inocr-
porated limits of he city at 45 cents
per hundred pounds. bur gives the
company the privilege of charging so
aents per hundred where coupon
books are not purchased.
The ice company is further order
cd to sell ice in c7r load lots with
out discrimination at a price not to
exceed SO per ton.
Manuum Order Issued
The commission Issued similar or
der against the Mangum Ice company
finding discrimination in rates only
when ice was sold az the plant to
farmers and persons residing in the
country selling under contract to
some for S5 cents, some at 30 cents
md others at s1.Q0 per hundred. The
commission also found short weights
in ice and ordered the COMPANY to
install standard scales on each deliv
cry wagon. The evidence in the case
showed that 1t cost more 0 manufac-
ture ice at Mangum on account of the
gvp water and the commission fivee
/ the maximum rete to be charged for
ice at 80 cents per hundred.