The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1919-11-21

The Montana trade commission. At
torney General S. c. Ford, Market:
Investigator Frank Cone and the dep
uty market investigators of the CON-
mission are temporarily restra ;ned
from proceeding further under the law
creating the trade commission and
providing for the regulation of trade
within Montana under temporary re-
stralnlng order issued by Judge Geo.
w. Bourquin of the United States dis
trlct court at Butte Monday afternoon
on application of Johnston & Coleman
OF Billings and Gum, Rasch & Hall Of
Helena, attorneys representing the A.
M. Hotter Hardware company of Hell
ena, the Gamer Shoe company, the
Hennessey company, the Simons Dry
Goods company, the M. j. Connell
company, j. H. Vein and Fred Hol-
brook, all of Butte; the Missoula Mer--
camille company of Missoula, the Bill
ings Hardware company Of Billings
and the F. j. Gels Grocery company
and the Goodrich Call Lumber COM
pany, both of Great Falls.
The temporary writ is made return
able November "a, before the federal
court, but it is understood that addi-
tional time in which to answer NAV
be asked by attorneys for the COM
mission and the attorney general, who
have not yet been served with the or
der. Attorneys H. J. Coleman and
M. S. Gum went to Butte to file the
complaint in the case.
The validity of the act has been at
tackled upon the ground that it violates
the fourteenth amendment to the con-
stitution of the United States in that
it deprives the plaintiff companies of
the right Of buying and selling and
making contracts for the sale of their
goods, wares and merchandise, and in
terferese with their liberties and de-
MES the equal protection of the law,
that it violates the commerce clause
''of the constitution Of the United States
in that it interferes with interstate
commerce in that it attempts to regu-
late private bushes and fix a margin
of profit, and requires a permit be Sc
cured to sell goods, deprives plaintiffs
of liberty to make contracts for sale
OF their goods, wares and merchan-
disc, and deprives them of their ma
tural liberty in buying and selling.
The complainants also set forth that
the act is in violation of section Z of
article 8 of the constitution of the
state of Montana guaranteeing that
the people shall be secure in their per-
sons, papers, homes and effects from
unreasonable searchers and seizures.
in that it gives the market Investigate
ors the right to 60 onto premises and
seize the books of business and ex-
anime them.
In order to hear the case, Judge
Bourquin, under the federal procedure
where the validity of state law is
questioned, will be required to call
two additional federal judges to sit
with him. One will be district court
judge and the other member of the
circuit court of appeals.
Whichever way the case goes in
the lower court it is believed that the
matter will be taken to the United
States supreme court for final deci-
sion.
The attack upon the law is part of
the plan devised by the newly organic
ed Montana Development association,
formed by merchants of the state at
meeting in Butte, and at this time
it is particularly sought, it is said, to
prevent the commission from starting
in on series of hearings, the first of
which has been called for Butte this
week, and to also prevent the commits
sion from putting into force and ef-
feet its order No. 4, which required
that all merchandise offered for sale
after December l should bear the in
voice cost as we'll as the selling price.
EDITOR CHARLES DRAKE DEAD.
Charles w. Drake, editor of the Fair
view News, died last Thursday morn
ing at Minot, North Dakota, following
an operation for an abscess of the
ear Charles Drake was we'll known
among the newspapermen of eastern
Montana and his loss will be keenly
felt by the fraternity. He was editor
and proprietor of the Yellowstone
News at Mondak for number of
years and at the time of his death still
maintained a printing plant in that
city.