The circle banner. [volume] (Circle, Mont.) 1914-1939, 1919-11-28
u. S. COURT HALTS
TRADE COMMISSION
ATTACK is MADE UPON CONSTI.
TUTIoNALiTY OF ACT GRE
ATING COMMISSION
NEWS OF THE CAPITAL CITY
Collector of Internal Revenue Will
Send Out Blanks Early and Hopes
to Receive Income Taxes so
Rush Will Not Occur

Helena-The Montana trade com
mission, Attorney General S. c. Ford
Market Investigator Frank Cone anf
the deputy market investigators of the
commission are temporarily restrained
| from proceeding further under the
| law creating the trade commission and
providing for the regulation of trade
within Montana under temporary
restraining order issued by Judge Geo
NJ. Bourquin of the United States dis
| trict court mt Butte. on application of
| Johnston & Coleman of Billings and
| Gum, Rasch & Hall of Helena, attor-
neys representing the A. M. Hotter
| Hardware company of Helena. the
Gamer Shoe company, the Hennessey
company, the Simons Dry Goods COM
pany. the NJ. ]. Cornell company. J. III.
Vein and Fred Holbrook, all of Butte /;
the Missoula Mercantile company of
Missoula, the Billings Hardware com
pany of Billings. and the F. J. Gels
Grocery company and the Goodrich
Call Lumber company, both of Great
Falls.
The temporary writ was made re-
turnable November "a but attorneys
for the commission and the attorney
general were granted additional time
in which to answer.
The validity of the act has been
attacked upon the ground that it vio-
lates the fourteenth amendment to the
constitution of the United States in
that if deprives the plaintiff compa-
MES of the right of buying and sell
ing and making contracts for the sale
of their goods. wares and merchan-
disc. and interferes with their liber-
ties and denies the equal protection of
the law, that it violates the commerce
clause of the constitution of the Unit
ed States in that it interferes with
Interstate commerce in that it at
tempts to regulate prices and fix a
margin of profit and requires a permit
be secured to sell goods, deprives the
plaintiffs of their liberty to make con-
tracts for the sale of their goods |
wares and merchandise, and deprives
them of their natural liberty in buy |
ing and selling.
The compliments also set forth that |
the act is in violation of section Z of |
article 3 of the constitution of the |
state of Montana guaranteeing that |
people shall be secure in their persons,
papers. homes and effects from un-
searches and seizures, in
hat it gives to the market investiga- /
or the right to go onto q premises and
seize the books of Il business and ex-
mime them.
In order to hear the case, Judge
3ourquin, under the federal procedure
where the validity of state law is
Questioned. will be required to call
wo additional federal judges to sit
With him. One will be district court
Judge and the other a member of the
ircuit court of appeals.
Whichever way the case goes in the
over court it is believed that the mat
er will be taken TO the United States
upreme court for final decision.
The attack upon the law is part of
he plan devised by the newly organ
,ed Montana Development association,
Drmed by merchants of the state at
leeting in Butte. and at this time it is
sought, it is said, to pre-
emf the commission from starting in
n a series of hearings, the first of
hicli had been called for Butte and
also prevent the commission from
ntting into force and effect its order ,
o. 4, which required that all merchan- ,
se offered for sale after December / :
lould bear the invoice cost as well as
lie selling price.