Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-11-21
ANTI TRUST
LAW INVALID
BEEF TRUST WINS ITS CASE IN
MONTANA SUPREME
COURT.

Helena, Nov. 20.-Because of excep-
ticultural classes, the supreme court
today declared Montana's antitrust
law unconstitutional. The opinion,
by Chief Justice Brantly, is an affir-
nation of the finding of District Judge
Henry c. Smith of this county, from
which the state had appealed. The
case originated in this county and was
instituted by former Attorney Gener-
al James Donovan against the Cudahy
Packing company, Swift & Co., two
Hammond Packing companies, of ILL.,
Co., who were charged with having
formed conspiracy, in violation Of
the states antitrust law, to regulate
the price of beef products.
To the complaint the packers de-
INJURED, attacking the constitutional
ity of the antitrust law because of
exceptions in favor of agricultural.
horticultural and labor classes. This
was sustained by Judge Smith and is
now, in turn, affirmed by the supreme
beef trust will not be molested in it's
operations in this state.
"The question submitted for decis-
ion u.s." says the opinion, whether
the legislation (anti-trust law is OBJ
noxious to the constitution of the
United States, which declares that
No state shall deny to any person
within it's jurisdiction the equal pro-
lection of the laws"
Reference is made to the decision
of the supreme court of the United
States in declaring unconstitutional,
for similar reasons, the Illinois anti
trust law, the exceptions in that state
being agriculturists and raisers of
livestock.
ton of any legislation must be infer
red, in the first place, from the plain
meaning of the words used If this
Intention can be SO arrived at, the
courts may not go further and apply
ether means of Interpretation. 1t is
only where there is doubt as to the
intention that other rules may be ap-
piled. This statute Is clear and GER
tain as to it's intention, and that in
tentiOn, as expressed, is to except from
the operation of the law persons en-
gagged in agriculture and horticulture.
Nothing said herein, however, must
be construed as affecting the consti-
nationality of the other provisions of
the chapter of the code Of which these
sections are a part. The Judgement
of the district court is correct and is
affirmed"
The opinion was concurred in by
lCway.
Valley Election Case.
The supreme court today affirmed
the findings of the district court for
Valley county in the cases of Pledge
against Tweedie, Pledge against Grit
fin and Coleman against Kerr, in
vClving, respectively, the offices of
&C unity auditor, sheriff and attorney,
and which have been Familiarity known
as the Valley county contested cleo
ton cases. The evidence In all the
cases was the same, and they were
merged, for convenience's sake, in
the argument before the supreme
court.
The defendants were declared elect
e' to the offices named as a result of
the November, 1904, election and an
attempt was made to GUST them be
cause of the vote cast at Poplar pre-
cinct, which was alleged to be illeg-
al. If this vote We're thrown out, the
contestants would, on the face of the
returns, have been elected. Malcon-
duct on the part of the election Off
Gals was also charged. The district
court found for the contestees, and
this is affirmed by the supreme
court. The opinion was by Associate
Justice Holloway and concurred in by
Chief Justice Brantly.
Associate Justice Milburn dissented,
holding that the votes cast at Poplar
should have been thrown out. On the
ground that votes cast on an Indian
reservation are illegal.
49, IN vour subsc rintion and nat