The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-27
No Evidence Of Agreement
Between Line Companies to
Best Farmers Concern.
ELDRIDGE OPINION
IS VERY IMPORTANT
Thoroughly Covers Railroad Comr,,is.
stOn's Viewpoint Of New Me.sure
Affecting Conduct of Elevator Busi.
ness in the State.

In the formal opinion that has been
announced by the state railroad com.
mission with complaints that were
made against the Occident and Pow
ers Elevator companies at Eldridge.
unfair competition being charged. the
principle of the law covering the cues.
ton OF competition and discrimination
Is thoroughly covered.
The opinion is Of exceptional inter.
est to Independent elevator owners OF
the state, and is as follows:
Complaint was made that respond
ents were guilty of unfair competition
by over grading and under docking
grain, thereby compelling petitioner to
close its elevator.
Held: There was nothing adduced
IN the evidence to indicate that grades
were given or dockage tuken in q
dlshonest manner by any Of the ele-
Nator companies; nor was there tes-
tmony tending to prove or indicate
agreement or collusion between any
OF the elevators and any Of the farm
ers relating to unfair competition.
me result OF the investigation, and
the testimony Of the witnesses ex-
ridge Farmers Elevator company was
forced to close its elevator by reason
OF fair and honest competitive infiuenc.
es which It was unable to meet, and
not by reason of any violation of the
Il Rantt-discrimination act, hence the
complaint is dismissed.
1. Laws Of 1918. chapter 2Y7,
amending laws Of 1907. chapter 25S,
relating to trade discrimination and
unfair competition. was passed fol
the purpose Of preventing and pro-
hibiting and Furnishing unfair com.
petition and trade discrimination in
the various businesses of the state en-
gagged in the production, manufacture
distribution, purchase or sale OF
milk, cream, butter fat. grain and
other commodities in general use, and
strikes at the tendency of modern
business methods to create mon.
opolies in trade and to destroy the
business OF competitors. The objec,
Of the law is to, foster. create and
stimulate competition IN every ffne -of
trade, and Is not intended to- prevent
or stifie competition in any way. The
attorney general, upon the request Of
the board of railroad commissioners
for an Interpretation of the act, has
held that the gist Of the violation con.
ststs in the motive behind the act Of
violation. In othe words, that the
conduct or action on the part of q
person accused Of the violation of the
statute Is wrong or innocent, depend
ing upon the motive and animus back
Of the act itself.
The law was hardly passed when
complaints began to reach, the Office
OF the attorney general. Of the VIC.
1ation Of the act and the business
methods Of various competitors in the
grain trade and other lines Of endeav-
or within the state were. Immediate
~ called into question, and finally up
on the receipt by the attorney gener-
ais Office Of a complaint from the
owners and manager Of the Farmers
Elevator company OF Eldridge, alleg-
ing that its two competitors in the
grain business, towit: Powers Eleva-
tor company and Occident Elevator
company. were resorting to unlawful
and unfair means to take the business
Of the complainant company away
from it and drive it out of business, It
was decided that n thorough and ex-
haustive Investigation of all the facts
concerning the conduct Of the bust
ness OF the three elevators at Ed
ridge should be made with a view of
rigidly enforcing the law, IL it was
violated, or Of clearing the atmos-
phere and placing all the parties con-
cerned in a proper light before the
community at large, If 1t was not vio-
lated.
'Thereupon this hearing was set,
and all witnesses thought to have any
knowledge of the situation. or
thought to he in position to shed any
light upon it, We're subpoenaed and
brought before this tribunal. This
proceeding. while anomalous in some
regards. yet may be resolved into an
investigation Of the facts by the at
torney general similar to John Doe
proceeding for the purpose Of secur-
ing testimony and evidence on which
to base a criminal prosecution. on the
one hand and also a proceeding by
the board .of railroad commissioners
to cancel the licenses of the defend
ants as punishment for their violation
Of the rules governing the conduct OF
the elevator business on the other
hand. These findings, however, will
refer only to the proceeding as if
brought to cancel the licenses to do
business Of the two elevator compa-
MES complained Of.
It is not essential td a determine
tion Of the matter In controversy, nor
is 1t necessary as q matter Of public
interest that the testimony of the in
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