The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-10-01
FULL TEXT Of OPINION COVERING
UNFAIR DISCRIMINATION MEASURE

road commissioners the attorney gen
eral has Just handed down an opinion
interpreting the new unfair discrim-
ination law which will be of great
interest to all sellers and buyers of
grain throughout the state, the opin-
ion in full being given below.
1t seems to lie the practice with
some farmers elevator companies to
pay a cent more for grain to stock
holders than they do to non-stock-
holders, while to meet this kind of
competition the line elevators at those
points indicate a desire to get even
by paying a higher price to non
stockholders Of farmers elevators
than to stockholders Of those con
Germs. -
In other instances farmers .leva-
tors charge that the line elevators
are trying to put them out of bust
giving q higher grade than would
otherwise be : justified. at points
where the farmers companies are
giving them hard competition, while
at nearby points, where the freight
rate Is the same and where there is
no farmers elevator, the line COM
panies pay the card rates as sen out
by the Minneapolis Grain Bulletin,
a concern clesefs allied with the Min
~ Va
The line elevators also make com.
ment Of grief in all cases being
charges Of discrimination or worse,
Following is the text of the attor-
generals opinion:
President
Zion w. II. Stutsman. President
Board of Railroad Commissioners.
Bismarck, n. D..
Dear Sir: I have your favor under
date of September 20. submitting the
following questions:
II. Is chapter 287. laws of 1918,
relating to unfair competition, consti-
tutional?
49,: If so, what constitutes a viola
ton thereof?
"3. Does the paying by a line ele-
vator company Of a higher price for
grain at one station than it does at an
other. after making due allowance for
the difference. if any. in the cost of
transportation, constitute evidence of
a violation of this act?
81. May a farmers elevator COM
pany lawfully a n cent more to
stockholders for grain than is paid by
it to n-stockholders?
IS. May a cooperative elevator
company rebate to its stockholders in
the shape of profits those sums which
1t refuses to pay non-stockholders in
the way of higher prices?
&c. Are the daily prices or lists
furnished by the Grain Bulletin of
Minneapolis. an institution affiliated
with the chamber of commerce Of that
city, to its subscribers in North Da-
.kota who comprise all of the elevators
of the state. and charged from time
to time at the bidding Of the subscrib-
Nr,, xIao,.,,>l,.4~ u1ftp~ - Is,fS,,o11 l., 49,
in concert. binding on the subscrib-
ers?
"Chapter 2s7. laws Of 1918. is an
amendment Of section 1. 2 and 4 of
chapter 25S. laws of 1907. entitled:
AN act to prohibit discrimination he
tween different sections. communities
or localities, unfair competition. and
providing penalties for the violation
thereof
Section of said act is as follows:
".Any person. firm or corporation.
foreign: or domestic, doing business i n
the state of North Dakota and engaged
tribution. purchase or selling Of milk,
cream. butter fat. grain.or any COM
modify in general use that shalt. with
the intention Of creating a monopoly.
or Of destroying the business Of a
competitor. or of any regular estab-
lished dealer. or to prevent conpetf-
ton Of any person who in good faith
intends and attempts to become such
a dealer. discriminate between diner
ent sections. communities. towns or
cities, or portions thereof. in this state.
by purchasing at q higher or selling
at a lower rate or price in n section,
community. town or city or portion
thereof. in this state. than is paid or
charged by such person. firm or cor
poration for such milk, cream. butter
fat grain or commodity in general
use in another section. community.
town or city. err portion thereof. in this
state, after making due allowance for
the difference. if any. in the actual
cost Of transportation Of such COM
modities. shall he guilty Of unfair dis
elimination
Section . provides. II complaint be
made to the attorney general. he shall
investigate the matter complained of.
and for that purpose may subpoena
witnesses. administer oaths, take tes-
timony and require the production Of
books or other documents belonging
to such persons. firms or corporation,
and II in his opinion sufficient grounds
exist therefor. he shall prosecute an
to annul h charter or revoke
the permit or license of such person.
firm or corporation.
Section 1 provides the penalty for
a violation thereof in a sum not less
than two hundred more than three
dollars.
~. The purpose Of the act is plain
~ set forth in section 1. and prohibits
any person. firm or corporation doing
business at two or more points In this
state from purchasing or selling in
this state any commodity in. general