Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06


preceding any alleged violation Of
this Act and must include without
limitation the following items Of
expense:
Labor, including salaries and
bonuses Of executives and officers,
rent, depreciation, selling costs.
maintenance of equipment, delivery
costs, all types Of licenses, taxes.
insurance and advertising, and 9th.
er fixed and incidental expenses.
Any sale made by the retail VEN
dor at less than 10 per cent above
the manufacturers published list
price, less his published discounts,
where the manufacturer publishes
list price or in the absence Of
such a list price, at less than 10
per cent above the current de-
livered invoice or replacement cost,
shall be prima facie evidence Of q
violation Of this act.
Provided, however, that no pro-
secution shall be had or any action
at law for damages or injunctive
relief shall lie where the vendor
sells at price not less than Is per
cent above the manufacturer pub
lished list price, less his published
discounts, where the manufacturer
publishes a list price or in the alb
sence of such list price, at less
than Is per cent above the current
delivered invoice or replacement
cost.
Section 4. In establishing the
cost of a given article, goods, wares
or merchandise to the vendor, the
invoice cost of said article, goods,
wares or merchandise purchased at
forced, bankrupt, closeout sale, or
other sale outside of the ordinary
channels Of trade may not be used
as basis for justifying price
lower than one based upon the re-
placement cost as Of date of said
sale Of said article, goods, wares or
merchandise replaced through the
ordinary channels of trade, unless
said article, goods, wares or mer-
chandiSe is kept separate from
goods purchased in the ordinary
channels of trade and unless said
article, goods, wares or merchan-
disc is advertised and sold as mer-
chandise purchased at a forced,
bankrupt, closeout sale, or by means
other than through the ordinary
channels of trade, and said ad-
vertising shall state the conditions
under which said goods were so
purchased, and the quantity OF
such merchandise to be sold or Of
fered for sale.
Section 5. Where a particular
trade or industry, Of which the
person, partnership, firm or cor
poration complained against IS
member, has an established cost
survey for the locality and vicinity
in which the offense is committed,
the said cost survey shall be DEEM
ed competent evidence to be used in
proving the costs Of the person,
firm or corporation complained
against within the provisions Of
this act; and it is further provided
that where such cost survey has
established fair and reasonable
average cost of doing business for
that particular trade or industry,
such average cost shall be deemed
prima facie evidence of cost Of all
individuals, firms or corporations OF
such trade or industry in such
locality and vicinity; and sales at
prices less than the actual replace
ment cost of the goods plus such
average cost as above described,
shall be deemed to be sales below
cost, within the provisions Of this
act.
Section 6. The provisions Of Sec
tons % inclusive, of Part Two Of
this act shall not apply to any sale
made:
ca In closing out in good faith
the owners stock or any part
thereof for the purpose Of discon-
tinuing his trade in any such stock
or commodity, and in case Of the
sale of seasonal goods or mer-
chandise where style is the para
mount feature or to the bona flde
sale of perishable goods to prevent
loss to the vendor by spoilage or
depreciation, provided notice Is
given to the public thereof.
(b) When the goods are damaged
or deteriorated in quality, ard no.
tice is given to the public thereof.
Co BY an officer acting under
the orders of any court.
Cd In an endeavor made In good
faith to meet the local prices OF q
competitor as herein defined selling
the same commodity. articles. goods,
wares or merchandise in the same
locality or trade area.
PART THREE
Section l. Any person, firm or
corporation, whether as principal,
agent. officer, or director for him.
self, or itself. or for another person,
firm or corporation, wilfully violat-
ing the provisions of Section 2 OF
Part One. or Sections 2-5, inclusive,
of Part Two Of this act, shall, upon
conviction thereof, be fined not less
than $4,000, nor more than ST.
10000, for each offenSe. or, in de-
fault of the payment Of such fine.
by imprisonment in the county jail
for not less than three months nor
more than one year.
Any person who either as d.
rector. officer or agent of any firm
or corporation or as agent Of any
person violating the provisions OF
Section 2 of Part One, or Sections
2-5, inclusive, of Part Two, as
sists or aids, directly or indirectly.
in such violation shall be response
BILE therefor equally with the per-
son, firm or corporation for whom
or which he acts.
In the prosecution of any person
as officer, director. or agent, it
shall be sufficient to allege and
i,,fn,,f If Tho