Standard Oil Co. v. State ex rel. Attorney-General

Citations

• 104 Miss. 886
• 61 So. 981

Syllabus

<p>1. Monopolies. Penalties. Pleading. Laws 1908, chapter 119. Statutory regulation. Constitutionality.</p> <p>Under Laws 1908, chapter 119, subdivision “N” providing that any corporation or person who shall attempt to destroy competition in the manufacture and sale of a commodity by offering it for sale at a lower price at one place in the state than in another, difference in freight rates and other necessary expenditures considered shall he held to he a trust and a combine and under subdivision “O,” providing that it shall he sufficient to make out a prima facie case of a violation of subdivision “N” to show an offer of sale of a commodity at a lower price at one place in the state than at another, or a violation of subdivision “0” to show a lower charge for service in one locality than another. Where a hill is filed in chancery to recover a penalty for a violation of this act, the pleader is not absolved from charging as a matter of fact that the sales alleged to have been made were so made for the purpose of destroying competition and its failure to do so makes the hill demurrable.</p> <p>2. Monopolies. Statutory regulations. Laws 1908, chapter 119. Constitutionality.</p> <p>There is nothing in Laws 1908, chapter 119, which is in violation of the national or state Constitution.</p>