The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1920-01-16

SUIT or MERCHANTS AoAlNST
j TRADE COMMISSION TAKEN
UNDER AMUSEMENT
NEWS OF THE CAPITAL CITY
= --latest Census Of indians In Montana
Compiled by Commissioner Cato
Sells Shows state Has 1878
Reds on Reservations

VSOo OU U000vVaVOU0
Helena.-Judge George NJ. Bourquin
OF the United States district court has
taken under Amusement the action of
the merchants of Montana seeking to
restrain the Montana trade commission
from putting into effect its order No.
Z. which requires that cost tags be put
on all merchandise sold.
The court intimated that no decision
could be expected before the regular
term opens this week.
Attorney General s. G. Ford was
chief counsel for the commission in
the argument. and NJ. 8. Gum of Hell.
ena headed counsel for the merchants.
Both sides filed briefs.
The plaintiffs seek a perpetual In.
junction. The order Is now stayed by
a temporary Injunction, granted sew.
eral days ago.
Attorney NJ. s. Gum, for the petit
TONERS. said the law violates the
fourteenth amendment to the consti-
tuition of the United States and he
held that no power lies in the states
to fix prices on property or labor. The
petitioners also pleaded that the law
creating the trade commission and un.
der which order No. is issued. has
no requirement for uniformity of
prices on merchandise but leaves
prices to the will of the commission.
MIR. Gum also said the proposed or
der would affect interstate commerce
and hence would be invalid. The law
also conflicts with the state antitrust
act. Mr.. Gum said, and, furthermore.
It violates federal acts forbidding
search and seizure except under Ger
tain conditions.
Otto Gerth. assistant attorney gen.
eral. appearing for the deefnse. said
the fourteenth amendment is an ex-
tension of Magma Charta and that 1t
directly warrants the Montana trade
commission act. He quotes law to
show the constitutional right of the
state to regulate property. He charged
an agreement to fix prices.
Attorney f. f.. Toomey of Helena,
for the defense. dissented from a plea
Of the petitioners that they are in
danger of being subjected to irrepar-
able damage because. he said. no price
fixing order has been issued and no
fines nor Imprisonment threaten until
it has.
~
indians Are Prosperous.
The latest census of the Indian pop.
ulation Of Montana. as given by Cato
Sells. Indian commissioner, shows 49,
1873 in this state. These figures, Of
course. include only wards or semi
wards Of the government, who remain
on reservations. The number of In.
dians and mixed bloods who have
struck ont for themselves and live
apart from their tribes, among the
whites, Is known to be considerable.
Mr.. Sells report shows prosperity
among the tribes over which the gov
eminent retains control. The Crows
placed large amount of land under
irrigation last year and more went
under the dry farm system. On the
Fort Belknap reservation the area un.
der cultivation constantly is increas-
ing and the red men enjoy good sue
cess. Flathead Indians are doing we'll
and. on the whole. there is not dis.
couraging note In Mr.. Sells report.
Commission Lays Oft Employees.
. Pending decision Of Federal Judge
George NJ. Bourquin as to the cOnsti.
tutiOnality Of the act creating the
Montana trade commission. the com.
mission has dispensed with the serv.
ices Of the office force Of the depart
ment. Those affected are Jack Stew
art. chief clerk: Miss Harriet Sanders
and Mrs. Sykes and T. e. James.
In the event that the Law. Is upheld
those who have been laid off will be
re-employed II they have not already
secured other places.
Miss Harriet Sanders was overseas
for many months with the Y NJ. G. A..
and Jack Stewart was overseas with
the Knights Of Columbus. The deputy
market investigators were laid off
some time ago when the commission
was temporarily enjoined from further
administration of the law.
+ + +
Devlin's Office to BE In Havre.
Headquarters Of l.. X. Devlin, re-
Gently appointed state prohibition en-.
forcement officer. will be in Havre, he
announced while in Helena winding up
his work as deputy humane officer.
He expects to begin his work in few
days.
4 4 4
Tax Questionnaires Get Answers.
From many parts Of Montana replies
are being sent to William NJ. Riggs,
Lewis and Clark county commissioner.
to the questionable relative to the
kind Of tax law desired that has
been drafted and published by COM
mittee Of county officials at Miles