sales or marketing for its members or shareholders of farm, orchard or dairy products produced by its members or shareholders. 133.05 CERTAIN ORGANIZATIONS NOT FORBIDDEN.-Nothing contained in the antitust laws shall be construed to forbid the existence and operation of labor. agricultural, or horticultural organizations, instituted for the purpose of mutual help, and not having capital stock or conducted for profit or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws. The labor of a human being is not a commodity or article of commerce. 133.06 INQUISITORIAL PROCEEDING.-(1) Whenever the attorney-general files with any circuit court commissioner a statement that he has reason to believe and does believe that a contract, agreement, combination, trust or conspiracy in restraint of trade as defined by section 133.01 or 133.21, exists or that a violation of either of said sections has occurred said commissioner shall issue his subpoena for the persons requested by the attorney general. It shall not be necessary to pay mileage or witness fees in advance but claims for such mileage and fees duly verified and approved by the attorney-general shall be audited and paid out of the state treasury and charged to the appropriation provided by section 20.08 (2), and shall be at the same rates as witnesses in the circuit court. (2) The testimony shall be taken by a stenographic reporter, transcribed, read to or by the witness and (unless such signing be waived by the state) signed by him before the commissioner, and shall be kept by the attorney-general as records of his office. (3) The commissioner shall be entitled to the usual fee for issuance of subpoenas and administering oaths, and $10 per day for the time consumed in holding the inquiry. The reporter shall be entitled to 10 cents per folio for taking and transcribing the testimony. All such fees and all other costs and expenses incident to such inquiry shall be paid out of the appropriation provided by section 20.08 (2). [1945 c. 341 133.07 WORKING PEOPLE MAY ORGANIZE; INJUNCTION NOT TO RESTRAIN CERTAIN ACT.—(1) Working people may organize themselves into or carry on labor unions and other associations or organizations for the purpose of aiding their members to become more skillful and efficient workers, the promotion of their general intelligence, the elevation of their character; the regulation of their wages and their hours and conditions of labor, the protection of their individual rights in the prosecution of their trade or trades, the raising of funds for the benefit of sick, disabled, or unemployed members, or the failure of deceased members, or for such other object or objects for which working people may lawfully combine, having in view their mutual protection or benefit. (2) No restraining order or injunction shall be granted by any court of this state, in any case between an employer and employes, or between employers and employees, or between employes, or between persons employed and persons seeking employment, involving or growing out of any dispute whatsoever concerning employment, unless necessary to prevent irreparable injury to property or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant, or by his agent or attorney. No such restraining order or injunction shall be granted except by the circuit court or by a court of concurrent jurisdiction in equity, and then only upon such reasonable notice of application therefor as a presiding judge of such court may direct by order to show cause, but in no case less than forty-eight hours, which shall be served upon such party or parties sought to be restrained or enjoined as shall be specified in such order to show cause. (3) No such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any laws of this state. (4) Whenever in any matter relating to the violation of any such restraining order or injunction an issue of fact shall arise, such issue, whether presented in a civil or a criminal proceeding, shall be tried by a jury, in the same manner as provided for the trial of other cases. All contempt proceedings, whether civil or criminal, brought for the alleged violation of any such restraining order or injunction, are, and hereby are declared to be independent, original, special proceedings, and shall require a unanimous finding of the jury. The requirement for trial by jury shall not apply to direct contempts committed in the immediate presence of the court. [1931 c. 56] NOTE. A complaint by a labor union to restrain an employer from interfering with the rights of its employes freely to associate, self-organize, and designate representatives of their own choosing for the purpose of collective bargaining, states a cause of action. Trustees of Wis. S. F. of Labor v. Simplex S. M. Co., 215 W. 623, 256 NW 56. 133.08 COLLECTIVE BARGAINING.-Sections 133.01, 133.04, 133.21 and 226.07 shall be so construed as to permit collective bargaining by associations of producers of agricultural products and by associations of employes when such bargaining is actually and expressly done for the individual benefit of the separate members of each such association making such collective bargain. [Renumbered section 100.22 by 1935 c. 550 s. 358] 133.09 133.14 [Renumbered section 100.24 by 1935 c. 550 s. 362] 133.15 133.16 [Renumbered section 100.24 by 1935 c. 550 s. 362] [Renumbered section 100.25 by 1935 c. 550 s. 363] 133.17 UNFAIR DISCRIMINATION IN TRADE; UNLAWFUL SELLING.-(1) Any person, firm or corporation, foreign or domestic, doing business in this state and engaged in the production, manufacture or distribution of any commodity in general use, that shall intentionally, for the purpose of injuring or destroying the competition of any regular, established dealer in such commodity or to prevent competition of any person who, in good faith, intends or attempts to become such dealer, discriminate between different sections, communities, or cities of this state, or between persons, firms, associations or corporations in any locality of this state, by selling such commodity at a lower rate or price in one section, community, or city, or any portion thereof, or to any person, firm, association or corporation in any locality of this state, than the rate or price at which such person, firm or corporation, foreign or domestic, sells such commodity in another section, community, or city, or to another person, firm, association or corporation in any locality of this state, shall be guilty of unfair discrimination, which is hereby prohibited and declared unlawful. (2) Any person, firm, company, association or corporation, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than two hundred dollars, nor more than five thousand dollars for each offense, or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment. NOTE. Price discrimination merely for purpose of meeting local competition does not constitute offense under this section. 22 Atty. Gen. 348. 133.18 SAME; UNLAWFUL BUYING.—(1) Any person, firm, company, association or corporation, foreign or domestic, doing business in this state and engaged in the business of collecting or buying any product, commodity or property of any kind, that shall intentionally, for the purpose of injuring or destroying the business or trade of a competitor in any locality of this state, or to prevent competition by any person who in good faith intends or attempts to engage in such business, discriminate between the different sections, communities, or cities of this state, or between persons, firms, associations or corporations in any locality of this state, by buying any product, commodity or property of any kind, and paying therefor a higher rate or price in one section, community, or city or to any person, firm, association or corporation in any locality of this state, than is paid for the same kind of product, commodity or property by said person, firm, company, association or corporation, foreign or domestic, in another section, community or city, or to another person, firm, association or corporation in any locality of this state, shall be guilty of unfair discrimination, which is hereby prohibited and declared unlawful. (2) Any person, firm, company, association or corporation, and any officer, agent, or receiver of any firm, company, association or corporation, or any member of the same, or any individual violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than two hundred dollars nor more than five thousand dollars for each offense, or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment. 133.185 SECRET REBATE; UNFAIR TRADE PRACTICE; PROHIBITED; PENALTY.—(1) The secret payment or allowance of rebates, refunds, commissions or unearned discounts, whether in the form of money or otherwise, or the secret extension to certain purchasers of special services or privileges not extended to all purchasers purchasing upon like terms and conditions, such payment, allowance or extension injuring or tending to injure a competitor or destroying or tending to destroy competition, is an unfair trade practice and is prohibited. (2) Any person, firm or corporation violating any of the provisions of subsection (1) shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. [1935 c. 52] 133.19 PROSECUTIONS.-The attorney-general shall institute, manage, control, and direct, by himself, his deputy or any of his assistants, in the proper county, all prosecutions for violations of sections 133.17 to 133.185 and for such purpose shall have and exercise all powers conferred upon district attorneys in such cases. It shall be the duty of the district attorney in the county in which any such prosecution may be instituted or pending to co-operate with and assist the attorneygeneral in such prosecution. [1935 c. 52, 486] 133.20 REVOKE CHARTER.—If complaint shall be made to the attorney-general that any corporation is guilty of unfair discrimination, as defined by the provisions of sections 133.17 to 133.185, he shall investigate such complaint and for that purpose he may subpoena witnesses, administer oaths, take testimony and require the production of books or other documents, and, if in his opinion sufficient grounds exist therefor, he may prosecute an action in the name of the state in the proper court to annul the charter or revoke the permit of such corporation, as the case may be, and to permanently enjoin such corporation from doing business in this state, and if in such action the court shall find that such corporation is guilty of unfair discrimination, as defined by the provisions of said sections 133.17 to 133.185, such court shall annul the charter or revoke the permit of such corporation, and may permanently enjoin it from transacting business in this state. [1935 c. 52, 486] 133.21 DOMESTIC CORPORATIONS; CANCELLATION OF CHARTERS FOR RESTRAINING TRADE; AFFIDAVIT.-Any corporation organized under the laws of this state which shall enter into any combination, conspiracy, trust, pool, agreement or contract intended to restrain or prevent competition in the supply or price of any article or commodity in general use in this state, or constituting a subject of trade or commerce therein, or which shall in any manner control the price of any such article or commodity, fix the price thereof, limit or fix the amount or quantity thereof to be manufactured, mined, produced or sold in this state, or fix any standard or figure by which its price to the public shall be in any manner controlled or established, shall, upon proof thereof, in any court of competent jurisdiction, have its charter or authority to do business in this state canceled and annulled. Every corporation shall, in its annual report filed with the secretary of state, show the facts in regard to the matters specified in this section. As used in this section, the words "article or commodity in general use in this state" shall include newspapers, magazines, periodicals, and advertising, including radio advertising. [1939 c. 134; 1947 c. 263] 133.22 DUTY OF ATTORNEY-GENERAL.-Whenever the attorney-general shall be notified or have reason to believe that any such corporation has violated any provision of section 133.21 it shall be his duty forthwith to address to any such corporation or to any director or officer thereof such inquiries as he may deem necessary for the purpose of determining whether or not such corporation has violated any provision of said section, and it shall be the duty of such corporation, director or officer so addressed to promptly and fully answer in writing, under oath, such inquiries; and in case such corporation, director or officer thereof shall fail or neglect to do so within sixty days from the receipt of such inquiries, unless such time is extended in writing by the attorney-general, it shall be his duty to proceed against such corporation as provided in the next section. 133.23 OUSTER.-Upon complaint being made to the attorney-general and evidence produced to him which shall satisfy him that any such corporation has violated any of the conditions specified in sections 133.21 and 133.22, he shall forthwith bring an action in the name of the state in any circuit court of this state to have the charter of such corporation forfeited, canceled and annulled, and upon due proof being made thereof to the satisfaction of the court, judgment shall be entered therefor. All contracts or agreements made by any person, firm, corporation or association while a member of any combination, conspiracy, trust or pool prohibited by sections 133.01, 133.21 and 226.07 of the statutes, or any of them, and which contract or agreement is founded upon, or is the resuit of, or grows out of, or is connected with, any violation of said sections, or any of them, either directly or indirectly, shall be void and no recovery thereon or benefit therefrom shall be had by or for any such person, firm, corporation or association. Any payments made upon, under or pursuant to such contract or agreement to or for the benefit of such person, firm, corporation or association, may be recovered in an action by the party making any such payment, his heirs, personal representatives or assigns; provided, however, that suit for such recovery shall be brought within six years after the making of said contract or agreement. 133.24 NO PRIVILEGE FROM SELF-ACCUSATION.-No person shall be excused from answering any of the inquiries herein providede for, nor from attending and testifying, nor from producing any books, papers. contracts, agreements or documents in obedience to a subpoena issued by any lawful authority in any case or proceeding based upon or growing out of any alleged violation of any of the provisions of section 133.21, or of any law of this state in regard to trusts, monopolies or illegal combinations on the ground of or for the reason that the answer, testimony, evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may answer, testify or produce evidence, documentary or otherwise, in obedience to any request under these provisions or any subpoena, or either of them, in any case or proceeding, except that the charter of any corporation may be vacated and its corporate existence annulled as hereinbefore provided, and except further, that no person testifying in any case or proceeding aforesaid shall be exempt from punishment for perjury committed in so testifying. 133.25 CERTAIN CONTRACTS NOT IN RESTRAINT OF TRADE; EXCEPTIONS.-(1) This section may be eited as the "Fair Trade Act." (2) As used in this section, "producer" means grower, baker, maker, manufacturer, and "commodity” means any subject of commerce. (3) Except as provided in subsections (4) and (6), no contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trade-mark, brand or name of the producer or owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others, shall be deemed a contract or combination in the nature of a trust or conspiracy in restraint of trade or commerce by reason of any of the following provisions contained in such contract: (a) That the buyer will not resell such commodity except at the price stipulated by the vendor. (b) That the vendee or producer shall require that any person to whom delivery of a commodity is made for the purpose of resale shall agree that the latter will not, in turn, resell except at the price stipulated by the vendor or vendee. (4) Every contract containing the provisions referred to in subsection (3) shall include the provision that such commodity may be resold without reference to such contract in the following cases: (a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing delivering any such commodity. (b) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof. (5) Wilfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract referred to in subsection (3), whether or not the person so advertising, offering for sale or selling is a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby. (6) This section does not apply to any contract between producers or between wholesalers or between retailers as to sale or resale prices. (7) (a) Upon complaint of any person that any contract containing the provisions referred to in subsection (3) is unfair and unreasonable as to the minimum resale price therein stipulated, the state department of agriculture may in its discretion serve by registered mail upon the parties to said contract notice of the time and place for a hearing on said complaint, at which hearing said parties shall show cause why the said contract should not be set aside. If upon such hearing the department shall find that such contract is unfair and unreasonable as to its minimum resale price provisions, said department may by special order declare such contract to be in restraint of trade. (b) The state department of agriculture shall assess the costs of such proceeding against such contracting parties in case it finds such contract unfair and unreasonable and against the complainant if it finds such contract fair and reasonable, provided, however, that the costs against any one complainant in any one complaint shall not exceed five dollars. (c) Decisions in such cases shall be subject to judicial review as provided in chapter 227. [1935 c. 52; 1935 c. 477; 43.08 (2); 1943 c. 229; 1943 c. 275 s. 42; 1945 c. 22; 1947 c. 143] NOTE. The Fair Trade Act (133.25 Stat. 1937) is valid. These provisions are discussed at length but the discussion is confined to its constitutionality. Subsection (8) which exempts cooperative societies not organized for profit from application of the act is void, that being arbitrarily discriminatory. But the invalidity of that subsection does not render the remaining provision invalid or ineffective. The remaining provisions constitute a complete law for accomplishing the legislative intent and purpose and are held valid. Weco Products Co. v. Reed Drug Co., 225 W. 474, 274 NW 426. One making contract which is unfair and unreasonable is liable irrespective of fact that department has not ruled same to be unfair and unreasonable. 25 Atty. Gen. 307. Contracts between manufacturer and his jobber whereby jobber agrees that manufacturer's products will not be sold below certain specified maximum discounts are countenanced, authorized, and encouraged by this section, and there is no exception in favor of state when purchasing from said jobber. 28 Atty. Gen. 179. 133.26 CERTAIN CONTRACTS DECLARED ILLEGAL.-Any contract, express or implied, entered into in violation of any of the provisions of sections 133.17, 133.18, or 133.185, is an illegal contract and no recovery shall be had thereon. [1935 c. 52, 486] 133.27 LEGISLATIVE INTENT DECLARED.-The intent of sections 133.17 to 133.185 and section 133.25 is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices under which fair and honest competition is destroyed or prevented. Said sections shall be liberally construed so that their beneficent purposes may be subserved. [1935 c. 52, 486] 133.28 STATUTE SUPERSEDED AS TO INSURANCE BUSINESS. The provisions of sections 133.17, 133.18, and 133.25 as respects the business of insurance are superseded by the provisions of sections 207.01 to 207.14 [1947 c. 520] 134.01 [Renumbered sections 100.15, 100.26 (3) by 1935 c. 550 s. 350, 366, 391] 134.01 to 134.06 [Cr. Spl. S. 1937 c. 8; repealed by 1939 c. 12] STATEMENT OF GEORGE M. EPSTEIN ON BEHALF OF BELL CLOTHING CO., KENOSHA, WIS., AND NATIONAL RETAIL CLOTHIERS ASSOCIATION Mr. FORISTEL. State your name. Mr. EPSTEIN. George M. Epstein; Bell Clothing House, Kenosha. I am also director of the National Retail Clothiers Association. Mr. FORISTEL. Do you have a complaint. Mr. EPSTEIN. The matter I wish to bring before the group is one which relates to retailing in the men's-wear field, in which we are finding that manufacturers are opening offices or outlets or salesrooms in which they are offering goods which they manufacture to the consumer at prices slightly above or at the same price and sometimes at a lower price than they are offering the retailers. We feel that is an unfair practice. Unfortunately, as we understand the situation, the antitrust laws prohibit and forbid publication of these manufacturers' names to the retail trade to acquaint them with the practice whick they are conducting on a more or less local basis. 83019-49-34 |