The Minneapolis journal., 1905-11-18
CHICAGO PACKERS
WIN LITIGATION
COURT HOLDS ANTITRUST LAW
rs UNCONsTITUTIONA
Decision Effectually Disposes Of Mon
tana Attorney Generals Attempts to
Prosecute Packing Concerns-Rem-
edy Now Lies in Amending Defective
Law by Act of Next Legislature.
-. - - s-, .-,. ~ -
Special to The Journal,

Special to The Journal. -. ..-* ,a+ ,s
Helena, Mont, Nov. 1s.-1,he state supreme
court has just held the antitrust law of Mon
taua to be unconstitutional since it violates
the constitutional provision against class legis-
lation The decision was announced in the case
of the state Of Montana against Cudahy and
other Chicago packers charged with conspiracy.
The ease, was appealed by the state from the
ruling of District Judge Smith of Helena, who
held the law to be unconstitutional because
it excepted from its provisions the agricultural.
horticultural and labOring classes. The supreme
court upheld this decision in an exhaustive
opinion written by Chief Justice Theodore
Branely.
Big Packers Safe.
This efectually disposes Of attempts made
by the attorney general to prosecute several
big Chicago packers for violating the law in
| this state. Several months ago proceedings
were begun against Cudahy, Hammond and
others, five in all, to punish them for con-
| spiracy to control prices Of cattle and meats
| in Montana.
Criminal proceedings were brought before
District Judge Henry c. Smith in Helena.
Counsel for the packers demurred to the in
! formation, setting up that the law un-
constitutional. in that it excepted agricultural
and horticultural classes; in other words, it
was class legislation. thereby violating the
! constitution. Judge Smith sustained the de-
murrer and the state appealed with the result
| that the supreme court yesterday upheld Judge
Smith. The decision of the Montana supreme
court follows the ruling of the supreme court
tutional for similar reasons the antitrust law OF
Illinois, which excepted agricultursts anG
raisers of livestock.
,..~ Opinion of Court.
i The intention of any legisa ton must be
! inferred IN the first place from the plain mean
| ing of the words used" says the Montana
court. eff this intention be so arrived at
the courts may not go further than apply
other means of Interpretation. 1t is only where
there is doubt as to the intention that othe
rules may be applied. This statute is clear. ane
certain to it's intention, and that intention
as expressed is to except from the operation
of the law persons engaged in agriculture ant
horticulture. Nothing said herein must be con
strued affecting the constitutionality o.
other provisions of the chapter of the code O.
which these sections part. The iudgmen
of the district court is correct and is af
frmed-'
1t is expected that bill will be introduce,
in the next legislature to cure the defect il
the law.
! Rate Legislation Endorsed.
A mass meeting of representative citizen
last night passed resolutions calling on Mon
tana's representatives in congress to supper
President Roosevelts railway. rate Legislation
plans, and steps taken to form stat
league to agitate for legislation Cor a stat
railway commission. 1t is proposed to have
meeting here on Dec. IA of delegates from al
over the state to campaign for special ses
| sion of the legisla ture to create a state rail
way commission.