The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1919-07-18
FARMERS LAWS WIN
IN COURT TEST SUIT
Suit of ~ Mti-farmer Taxpayers
to Set Aside Legislation
Thrown Out.
FEDERAL. JUDGE DECIDES
Decision Declares that The Law Furn.
ishes No Basis for Case and Gives
Powerful Practical lnterpre-
tation of Situation.

tation of Situation.
Fargo, NJ. D.-The suit of ~ anti
farmer taxpayers to prove the new
Industrial laws unconstitutional
has failed. The United States dis
triet court in which the suit was
brought, has ruled against the
plaintiffs on two grounds on which
they based their case.
To bring the case within the
federal court, the farmer oppo-
nents attempted to prove that the
amount in controversy was more
than 5000 and that the new laws
violated the fourteenth amendment
to the Federal Constitution, which
provides that citizens can not be
deprived Of property without due
process Of Law. The court ruled
against them On both pleas
It was hold that the amount in con-
trsversy was the amount Of taxes each
would conceivably have to pay because
Of the new legislation and not the
amount Of industrial bonds the state
would issue. The plaintiffs could find
NO presidents which could hold water
under Judge Amidon's able analysis
Of the law and court cases that would
show the new legislation in conflict
with the fourteenth amendment.
No Precedent Found.
In the course of his opinion setting
forth the legal and practical aspects
of the case, Federal Judge C. F. Ami
don said in part:
THE fourteenth amendment con.
tains no express language limiting the
taxing power OF states. Laws have
been condemned by holding that tax
for purely private purpose deprives
the taxpayer Of his property without
due process Of law. When Is tax
for purely private purpose within
this rule!
THE only eases in the federal courts
In which laws have been condemned
are those In which bonds or public
funds were given as q mere gratuity
to q privately owned manufacturing
enterprise to encourage It's establish
ment within the city. ....-
81 have not been able to discover
any instance in which the supreme
court has held Invalid an exercise OF
the taxing power Of the state for es-
tablishing and maintaining an indus
try which was owned by the state or
. municipality.
Joint Action Through State.
"It Is hopeless to expect popula'
ton consisting of farmers scattered
over a vast territory, as the people OF
this state are, to create any private
business system that will change the
system now existing. The only means
| through which the people of the state
have had any experience in joint &C
ton is their state government. II they
may not use that as the common
agency through which to combine
their capital and carry on such basic
industries as elevators, mills and
packing houses and so fit their prod
ucts for market and market the same
they must continue to deal as individ
uals with the vast combinations O
those terminal cities and suffer tht
injustices that always exist where
economic units so different in power
| have to deal the one with the other.
People Wanted the Laws.
"The foregoing Is what majorit!
of the people Of the state have beef
persuaded to believe by those who's
| hofh
grievances are real or fancied, wheth
er their remedies are wise or foolish
are subjects about which the court 4
not concerned. The only object Il
trying to set them forth has been t.
place the constitutional amendment
and laws here assailed In their tru
relationship to the life and thought O
the people by whom they were adoI
ted
"The sole question then for the cour
; is: Do these acts Of the state const
tute a violation of the fourteent
amendment of the federal Constitute
as that amendment has been construe
by the supreme court! / think it
clear that they do not. Even II wer
In doubt 1t would be my duty to su!
tain the action of the state. for 1t
only when legislation IL plainly an
palpably unconstitutional that cou1
. is justified in multiplying It.
THE motion Of the defendants viii
therefore, be granted and a deere
:. entered Diminishing the bill with cost
CHARLES F. AMIDON, Judge"