James Clark McReynolds

“ The statute seeks to prevent the destruction of competition by forbidding overbidding, unless the dealer makes prices at other buying points correspond, after proper allowances for the cost of transportation. If the statute is obeyed, destroying competition is expensive. ”

“ At the trial the accused company offered testimony to show:
'That during the last nine years, the price paid for butter fat in the southern half of Minnesota, at the different towns, has varied in each town; that the variation has been from one cent to eight cents; that such price is exclusive of transportation charges; that such variation is the normal condition of the market in the sale of cream and butter fat, and is the result entirely of competitive conditions; that in certain localities there are many more competitors than there are in others ”

“ Said company, while engaged in the business of buying milk, cream, and butter fat for manufacture and sale and while maintaining regularly-established stations for purchases at Madelia, Mountain Lake, Bingham Lake, and other villages for shipment to Sioux City, Iowa, there to be manufactured and sold, did wrongfully, unlawfully, and unfairly discriminate between said localities by paying a higher price for butter fat at some stations than at others, after due allowance for transportation costs. ”

“ But this is not enough to justify destruction of one's right to follow a distinctly useful calling in an upright way. Certainly there is no profession, possibly no business, which does not offer peculiar opportunities for reprehensible practices ”

“ That such evils exist in some degree in connection with the theatrical business and its ally, the ticket broker, is undoubtedly true, as it unfortunately is true in respect of the same or similar evils in other kinds of business. ”

“ The Supreme Court of Illinois pointed out that gambling was commonly incidental to dealings in futures, and held the Legislature might properly conclude that the public interest demanded their suppression as a class in order to avert this evil. ”

“ In addition, there are co-operative creameries and independent creameries, not usually maintaining other buying stations, though some may. There is in the law nothing to prevent them doing so. We do not understand that the buying stations are commonly localized plants. ”