OAG 40-50.

• Case Date: August 30, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-50. 60OPINION NO. 40-50[20 Or. Op. Atty. Gen. 60]Barbers not engaged in services or output of service trade, as defined in chapter61215, Oregon Laws, 1937, relating to unfair competition and discrimination.August 30, 1940.Hon. Fred McHenry,District Attorney, Benton County. Dear Sir: Under date of August 27, 1940, you request me to advise you if barbers of a certain locality or community are subject to the provisions of chapter 215, Oregon Laws, 1937, relating to unfair competition and discrimination.

"In other words, are barbers, as such, engaged in 'services or output of service trade' as defined by said Chapter, and subject to the provisions of said act?"

Chapter 215, Oregon Laws, 1937, commonly known as the fair trade act, relates to unfair competition and discrimination, and makes unlawful certain discriminations in price, in the sale of commodities, and in the price of services or output of a service trade, or in services or facilities furnished or in payment for services or facilities to be rendered in the sale of commodities in the course of trade or commerce. The term "commerce" is defined as meaning trade or commerce within this state, exclusive of "food commerce". This definition does not enlighten us as to the meaning of the word "commerce". In 11 American Jurisprudence, page 7, section 3, the term "commerce" is defined as follows:

"* * * As used in the Constitution, the word is the equivalent of the phrase 'intercourse for the purpose of trade' and comprises every species of commercial intercourse. It includes the purchase, sale and exchange of commodities, the transportation of persons and property by land and water, and all the instrumentalities by which such intercourse is carried on. Stated in another way, it has been said that the term, as used in the Constitution, includes the

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