The Tomahawk., 1919-07-24
FARMERS LAWS WIN
IN COURT TEST SUIT
Z
suit of AZ Anti-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 interpre.
tation of Situation


Fargo, N. D.-The suit OF az anti
farmer taxpayers to prove the new
industrial laws unconstitutional
has failed. The. United States dis
trict 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-
q nents attempted to prove that the
amount in controversy was more
than $4,000 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
1t was held that the amount in con-
4roversy was the amount OF taxes each
would conceivab1y have to pay because
of the new legislation and not the
amount of Industrial bonds the state
-would issue. The plaintiffs could find
no precedents 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 G.. F. Ami
don said In part:
1.-THE fourteenth amendmen con-
-tains no express language limiting the
taxing power of states. Laws have
been condemned by holding that a tax
for a purely private purpose deprives
the taxpayer of his property without
due process of law. When is a tax
for purely private purpose within
this rule?
"The only cases in the federal courts
in which laws have been condemned
are those in which bonds or public
funds were given as a mere gratulty
to a privately owned manufacturing
enterprise to encourage it's establish
ment within the city. 49, .-. ..
. ssI 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
a municipality. -..
Joint Action Through State.
*sIt 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 ac'
tion is their state government. If 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 ind1v1d-
uals with the vast combinations OF
those terminal cities and suffer the
tnjustices 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 a majority
of the people Of the state have been
persuaded to believe by those whose
leadership they trust. Whether their
grievances are real or fancied, wheth-
er their remedies are wise or foolish,
are subjects about which the court Is
not concerned. The only object in
trying to set them forth has been to
place the constitutional amendments
and laws here assailed in their true
relationship to the life and thought OF
the people by whom they were adop'
ted. ~ IA -, ~ss, ..-.- sr -
"The sole question then for the court
is: Do these acts of the state consti.
tute a violation of the fourteenth
amendment of the federal Constitution
as that amendment has been construed
by the supreme court? think 1t is
clear that they do not. Even If were
in doubt It would be my duty to sus.
tain the action of the state, for 1t is
only when legislation is plainly and
palpably unconstitutional that court
Is justified in nullifying it. ~
"The motion of the defendants will,
therefore, be granted and decree
entered dismissing the bin with costs
CHARLES F. AMIDON, Judge"
In Aid to Local Milling.