17 bers, or delivered by the association or its members, shall not 18 be challenged or discriminated against because of ownership 19 or control, wholly or in part, by the association.

Costracts and Agreements With Other Associations.

Sec. 25. Any association may, upon resolution adopted by 2 its board of directors, enter into all necessary and proper con3 tracts and agreements and make all necessary and proper stipu4 lations, agreements and contracts and arrangements with any 5 other co-operative corporation, association. association or associations, 6 formed in this or in any other state, for the co-operative and 7 more economical carrying on of its business or any part or parts 8 thereof. Any two or more associations may, by agreement 9 between them, unite in employing and using or may sepa10 rately employ and use the same personnel, methods, means and 11 agencies for carrying on and conducting their respective 12 business.

Rights and Remedies Apply to Similar Associations of

Other States.

Sec. 26. Any corporation or association heretofore or here2 after organized under generally similar laws of another state 3 shall be allowed to carry on any proper activities, operations 4 and functions in this state upon compliance with the general 5 regulations applicable to foreign corporations desiring to do 6 business in this state and all contracts which could be made 7 by any association incorporated hereunder, made by or with 8 such associations shall be legal and valid and enforceable in 9 this state with all of the remedies set forth in this act.

Associations Heretofore Organized May Adopt the Provisions of This Act.

Sec. 27. Any corporation or association, organized in this state 2 under previously existing statutes, may, by a majority vote of its 3 stockholders or members, be brought under the provisions of 4 this act by limiting its membership and adopting the other 5 restrictions as provided herein. It shall make out in duplicate 6 a statement signed and sworn to by its directors to the effect 7 that the corporation or association has, by a majority vote of 8 the stockholders or members, decided to accept the benefits and

9 be bound by the provisions of this act and has authorized all 10 changes accordingly. Articles of incorporation shall be filed as 11 required in section eight, except that they shall be signed by 12 the members of the then board of directors. The filing fee 13 shall be the same as for filing an amendment to articles of 14 incorporation.

15 (a) Where any association may be incorporated under this 16 act, all contracts heretofore made by or on behalf of same by 17 the promoters thereof in anticipation of such associations be 18 coming incorporated under the laws of this state, whether or not 19 such contracts be made by or in the name of some corporation or 20 ganized elsewhere, and when same would have been valid if en21 tered into subsequent to the passage of this act, are hereby 22 validated as if made after the passage of this act.

Misdemeanor to Spread False Reports About the Finances or the

Management of Co-operative Associations.

Sec. 28. Any person or persons or any corporation whose 2 officers maliciously and knowingly spreads false reports about 3 the finances or management or activity of any co-operative as4 sociation, shall be guilty of a misdemeanor and be subject to a 5 fine of not less than one hundred dollars and not more than one 6 thousand dollars for each such offense; and shall be liable to 7 the association aggrieved in a civil action for damages therefor.

Warehousemen Liable for Damages for Encouraging or Permitting Delivery of Products in Violation of Marketing Agreements.

Sec. 29. Any person, firm or corporation conducting a ware2 house within this state who solicits or persuades or permits 3 any member of any association organized hereunder to breach 4 his marketing contract with the association by accepting or 5 receiving such member's products for sale or for auction or 6 for display for sale, contrary to the terms of any marketing 7 agreement of which said person or any member of the said firm 8 or any active officer or manager of the said corporation has 9 knowledge or notice, shall be liable to the association aggrieved 10 in a civil suit for damages therefor, courts of equity shall have 11 jurisdiction to enjoin further breaches of such contracts.

Associations Are Not in Restraint of Trade.

Sec. 30. No association organized hereunder and complying 2 with the terms hereof shall be deemed to be a conspiracy or a 3 combination in restraint of trade or an illegal monopoly; or 4 an attempt to lessen competition or to fix prices arbitrarily nor 5 shall the marketing contracts and agreements between the 6 association and its members or any agreements authorized in 7 this act be considered illegal as such or in unlawful restraint 8 of trade or as part of a conspiracy or combination to accom9 plish an improper or illegal purpose.

Constitutionality.

Sec. 31. If any section of this act shall be declared uncon2 stitutional for any reason, the remainder of this act shall not 3 be affected thereby.

Application of General Corporation Laws.

Sec. 32. The provisions of the general corporation laws of 2 this state and all powers and rights thereunder, shall apply 3 to the associations organized hereunder, except where such pro4 visions are in conflict with or inconsistent with the express 5 provision of this act.

CHAPTER 54

(House Bill No. 240-Mr. Paugh)

AN ACT to amend and re-enact sections one hundred and one, onЛ hundred and three, one hundred and six and one hundred and seven of chapter fifteen-d of Barnes' code, edition of one thousand nine hundred and twenty-three, and to repeal section one hundred and eight of said chapter.

[Passed April 26, 1923. In effect ninety days from passage. Became a law without the approval of the Governor]

Be it enacted by the Legislature of West Virginia:

That section one hundred and eight of chapter fifteen-d of Barnes' code, edition of one thousand nine hundred and twenty-three is hereby repealed, and that sections one hundred and one, one hun

dred and three, one hundred and six and one hundred and seven of said chapter are hereby amended and re-enacted so as to read as follows:

Section 101. Whenever any commercial feeding stuffs as 2 defined in section one is offered or exposed for sale in bulk or 3 otherwise stored, the manufacturer, importer, jobber, firm, as4 sociation, corporation or person keeping the same for sale shall 5 keep on hand cards upon which shall be printed the statement 6 required by the provisions of section two, and when such feed7 ing stuffs are sold at retail in bulk or in packages belonging to 8 the purchaser, the manufacturer, jobber, firm, association, cor9 poration or person shall furnish the purchaser, upon request, 10 with a card or cards upon which appears the statement required 11 by the provisions of section two.

Sec. 103. Whenever a manufacturer, importer, jobber, firm, 2 association, corporation or person manufacturing or selling a 3 brand of commercial feeding stuffs shall have filed the state4 ment required by section three, as required by section four of 5 this act, no other agent, importer, jobber, firm, association, cor6 poration or person shall be required to file such statement.

Sec. 106. Any manufacturer, importer, jobber, firm, associa2 tion, corporation or persons who shall sell, offer or expose for 3 sale, or distribute in this state, any commercial feeding stuffs 4 without having attached thereto or furnished therewith such 5 labels or tags, as required by this act, or who shall use the re6 quired labels or tags, or who shall impede, obstruct, hinder or 7 otherwise prevent or attempt to prevent said commissioner or 8 his authorized agent in the performance of his duty in connec9 tion with the provisions of this act, or who shall sell or expose 10 for sale or distribute in this state any commercial feeding stuffs 11 as defined in section one without complying with the require12 ments of the provisions of this act; or who shall sell, offer, or 13 expose for sale or distribute in this state any commercial feed14 ing stuffs which contains a smaller per centum of crude protein 15 or crude fat, or a larger per centum of crude fiber than is cer16 tified to be contained therein, or who shall fail to properly state 17 the specific name of each and every ingredient used in its manu18 facture, shall be deemed guilty of a violation of the provisions 19 of this act and upon conviction thereof shall be fined not more 20 than one hundred dollars for the first violation, and not less. 21 than one hundred dollars for each subsequent violation.

Sec. 107. The commissioner of agriculture is hereby empow2 ered to enforce the provisions of this act, and to prescribe and 3 enforce such rules as he may deem necessary to carry into ef4 fect the full intent and meaning of this act.

CHAPTER 55

(House Bill No. 244-Mr. Farris)

AN ACT to amend and re-enact chapter twenty-four of the acts of the West Virginia legislature of one thousand nine hundred and seventeen, relating to the grading and packing of apples for sale.

[Passed April 25, 1923. In effect ninety days from passage. Became a law without the approval of the Governor]

SEC.

1. West Virginia Fancy; West Virginia Grade A; Grade B; Grade C; Orchard run grade; unclassified; minimum size; facing; color; solid red varieties; strip

ed or partial red varieties; red cheeked or blushed varieties; yellow or green varieties; definitions of grade terms; inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

That chapter twenty-four of the acts of one thousand nine hundred and seventeen be amended and re-enacted so as to read as follows:

Section 1. That the standard grades or classes for apples 2 grown in West Virginia, when packed in closed packages shall 3 be as follows:

4

5

West Virginia Fancy.

West Virginia Fancy shall consist of hand-picked apples of 6 one variety which are well formed, uniform in size, firm, and 7 mature, and which are free from decay, dirt, disease, bruises, 8 insect, or mechanical injury, and other blemishes or defects, 9 except those necessarily caused in proper packing. Each 10 apple shall have the amount of color hereinafter specified for 11 apples of its grade. In order to allow for proper variations 12 incidental to commercial grading and handling, not more than 13 ten per cent by weight of the apples in any container may be 14 below the requirements of this grade.

15

West Virginia Grade A.

16 West Virginia Grade A shall consist of apples of one 17 variety which are firm and mature, free from decay and practi18 cally free from dirt, disease, insect, or mechanical injury, and