the retailers' localities,[293] nor by a law
punishing combinations for "maliciously" injuring a rival in his
business profession or trade.[294] Similarly, a prohibition of unfair
discrimination by any one engaged in the manufacture or distribution of
a commodity in general use for the purpose of intentionally destroying
competition of any regular dealer in such commodity by making sales
thereof at a lower rate in one section of the State than in another,
after equalization for distance, effects no invalid deprivation of
property or interference with freedom of contract.[295] Liberty of
contract is infringed, however, by a law punishing dealers in cream who
pay higher prices in one locality than in another. Although high bidding
by strong buyers tends toward monopoly, the statute has no reasonable
relation to such bidding, but infringes private rights whose exercise is
not shown to produce evil consequences.[296] A law sanctioning contracts
requiring that commodities identified by trade mark will not be sold by
the vendee or subsequent vendees except at prices stipulated by the
original vendor does not violate the due process clause.[297]
Statutes Preventing Fraud in Sale of Goods.--Laws and
ordinances tending to prevent frauds and requiring honest weights and
measures in the sale of articles of general consumption have long been
considered lawful exertions of the police power.[298] Thus, a
prohibition on the issuance by other than an authorized weigher of any
weight certificate for grain weighed at any warehouse or elevator where
State weighers are stationed, or to charge for such weighing, is not
unconstitutional.[299] Nor is a municipal ordinance requiring that
commodities sold in load lots by weight be weighed by a public
weigh-master within the city invalid as applied to one delivering coal
from State-tested scales at a mine outside the city.[300] A statute
requiring merchants to record sales in bulk not made in the regular
course of business is also within the police power.[301]
Similarly, the power of a State to prescribe standard containers to
protect buyers from deception as well as to facilitate trading and to
preserve the condition of the merchandise is not open to question.
Accordingly, an administrative order issued pursuant to an authorizing
statute and prescribing the dimensions, form, and capacity of containers
for strawberries and raspberries is not arbitrary inasmuch as the form
and dimensions bore
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