The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-10-01

nifty tnan Is paid or charged by such
person, firm. or corporation for a like
commodity in another section or COM
munity. allowing for the difference. II
any, In cost of transportation, with
the intent to either create a monopoly,
or destroy the business of a compeit-
tor or prevent competition. After
careful examination, I have come to
the conclusion that chapter 2S7, laws
Of 1913. is constitutional.
"2. To violate the provisions of this
act. some person, firm or corporation
doing business in two or more sec
tions or communities in this state,
dealing in a commodity in general use
must:
"(a) Pay a higher price or charge
a lower price for like commodities in
one section or community than is paid
by such person, firm or corporation in
ing the difference, if any. in cost of
transportation.
"tb) And the paying of such higher.
or selling at such lower price must
be with the intent to create a mon
opoly or destroy the business of a COM
petitor or to prevent competition. In
4, other words. the gist of the ofTense
is the intent with which the prohibited
acts are done. but this intent may be
shown by acts Of the defendant and
other circumstances surrounding the
ira nsactfon.
80. The paying Of a higher price.
or charging of a lower price by any
person. firm or corporation doing bus
mess at two or more points within this
state for any commodity in general
use at n point than is paid by such
person. firm or corporation at anoth-
err, after allowing for the difference
in the cost of transportation, if any.
in the absence of explanatory circum-
stances negativating such intent, con-
stitutes. in my judgment, strong evil
dence tending to show a guilty intent
by such person., firm or corporation. to
violate the provisions of the statute
under consideration. But the circum-
stances surrounding the act Of paving
a higher price at one point than at
another in this state. after allowing for
the difference in cost in t~ransporta-
ton. il any. may be such as to negative
an intent to create a monopoly or de-
troy the business of a competitor or
prevent competition.
TIC illustrate:
mess at two or more points in this
state has, as Il competitor at one point,
ian independent buyer or a farmers
elevator company. The independent
buyer, or farmers elevator company,
as the aggressor. voluntarily puts the
price on grains above the legitimate
market price at that point. In my
opinion the line ELEVATOR company
would have a right, for the purpose of
meeting competition at that point. to
follow and pay a price at other points.
For in such cases the raise in the price
; by the line elevator at its point of
competition with the independent buy
err, or farmers elevator
would be for the purpose only of meet
ing its competition at that point and
not with any intent to either destroy
n business of a competitor or pre-
vent competition"
4. Section 2244. revised codes Of
1905. defines what is a public var
house and public warehouse men, as
follows:
"'An buildings. elevators and. ware
houses and all grist and -four mills
doing n shipping business in this
state. erected or operated by any per-
son. ASSOCIATION or co-partnership.
corporation or trust. for the purpose
of buying. selling. storing, shipping
clared public warehouses, and the
person. association. co-partnership or
corporation owning or operating such
buildings. elevators or warehouses.
which are now or may hereafter be
located or doing business within this
state. whether such owners or opera
tors reside within this state. or not.
are public warehousemen. within the
meaning of this article. and none of
the provisions of this article shall BE-
construed so as to permit discrim-
nation with reference to buying, re-
ceiving and handling grain Of stand
ard grades ar in regard to the per-
sons offering such grain for sale.
storage and handling at such public
warehouses. while the same are in
operation
This definition includes as public
warehouses all elevators in this state
operated for the purpose of buying,
handling. storing. selling or shipping
grain for profit. INT as warehouse
men all persons, associations, CO.
partnerships or corporations. operat-
ing the same within this state. !.
Under the common law a public
Warehouseman is a public agent, and
pursues a public employment. and he
may not discriminate between Gus
toners, nor do anything inconsistent
with the impartial discharge Of his
duties to the public. A farmers ele-
vator company doing business for pro-
tit. as we have seen. Is a public ware
hOuseman. under the statutes Of this
state. and by common. law is prohibit
cd from discriminating among its GUS
toners by payi~~ Il higher price to
one than to the other. 1t follows,
therefore. that Il farmers elevator
company may not pay n cent more
c Sbushel, to its stockholders than
such company pays for Hks gza1ea Of !