Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-09-23

! pOl dIAOA VAVIotAA6 any VI IAe OAo'I
sions of tais act, shah upon convic
ton thereof forfeit to the state o
North Dakota a sum not less than tw'
hundred nor more than five hundred
dollars for each and every violation
of this act, said sum to be recovered
by action commenced by the attorne!
general in the name of the state o
North Dakota in any court OF compe
tent jurisdiction. All sums so col
lected shall be credited to the genera
school sfund of this state.
| "sec. 5. Nothing in this act con
tanned shall in any manner be con-
strued as repeating or in any manner
altering any other act or part OF ac'
heretobefore adopted by the legislat
ture of this state, but the remedies
herein provided shall be cumulative
to all other remedies now existing.
On the 18th day of April, 1908, the
attorney general of the state filed with
the secretary of state an unverif1ed
document called complaint wherein
among other things, it was stated
that complaint had been made ano
evidence furnished him showing that
the Standard Oil company, a corpora
ton of the state of Indiana had vio'
lated the provisions Of said chapter
bv discriminating between different
sections of this state in the prices
of commodities sold by it; and that
he, as attorney general, charged the
Standard Oil company with having
violated said chapter by such discrim
ination. "in this, that said Standard
Oil company aforesaid has on divers
and different dates during the year
1908 charged dealers and consumers
in this state for commodities sold by
the said company, to-wit, oil and gaso'
line, different prices for the same
quality of such oil and gasoline; that
said company charged higher prices
per gallon for the same grade OF oil
and gasoline in one locality OF TINS
state than it did for the same quality
of oil and gasoline in another LOCALITY
of, this state, at equal distances from
the place of shipment and IN which
the freight rates for shipping were
the same" and asking the secretary
of state to serve notice on said Stand
ard Oil company of Indiana. "apprls.
ing them of such charges therein, and
setting a time and place at which
they may appear and show cause, II
any they have, why the certificate OF
authority issued to said company on
the 23rd day Of December, 1895, au-
thorizing them to do business In the
state of North Dakota, as a foreign
corporation, should not be revoked
and forfeited"
Upon the same day the secretary OF
state issued and mailed to the said
Standard Oil company notice OF such
complaint and that he was about to
institute an inquiry as to such alleged
discrimination. and ordering it to ap-
pear before him at his office In the
city of Bismarck, on the list day of
June 1908. at ten o'clock in .the-fore-
noon and show cause, If any there be,
why the benefits, privileges and per-
mission to do business in this state
as given by law to foreign corpora
lions should not be Immediately re-
voked and forfeited.
On the 26th day of May, 1908, Hon.
w. H. Winchester. Judge of the sixth
judicial district, granted an order to
show cause. returnable on the 1st day
of June. 1908, why writ of certiorari
should not issue commanding said
secretary Of state to certify fully to
that court and to annex to such writ
of certiorari transcript of the record
and proceedings had before such sec.
rofor>v NJ rfofo In thu ~ofowr11
to, that his proceedings therein might
be reviewed by such court.
Such order to show cause was based
upon the affidavit of w. P. Cowan,
a vice president of the Standard On
company, corporation, wherein he
alleged the incorporation thereof, the
granting to it of permission to do
business in the state of North Dakota
according to the laws thereof, in 1895,
and its compliance in all respects
with such laws. He then set out in
his affidavit the proceedings pending
in the office of the secretary of state
to which reference has been made.
and that upon calling upon that off,
cial for certified copy of all docu-
men+s or writings filed in his office in
with the charges referred
to as basis therefor he was informed
by said secretary of state that no
other papers or documents than the
complaint of the attorney general were
on file. He also alleges that the COM
plant filed with the secretary of state
by the attorney general does not state
any violation of said Chapter 258 by
or on the part Of said Standard Oil
company in that it does not set forth
or state any specific instance or case
OF a violation, or aver any facts upon
which a conclusion could be found
that said law had been violated and
does not attempt to set forth or charge
that any alleged violation of the terms
OF said act was done Intentionally for
the purpose Of destroying or prevent
Ing competition, to discriminate be.
tween different sections communities
or cities of North Dakota; and that
the secretary of state was exceeding
his jurisdiction in issuing and serving
the order to show cause referred to.
In that his acts were without authority
OF law; and that he was exerci sing
powers and authority not conferred
upon him and wholly judicial in their
nature;, that unless prevented by an
order ~ the co,,rf ouoh soo~o&o,r