The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1920-02-13
ATTACK - MADE UPON coNsTI.
TUTloNALlTv or ACT GRE.
AriNo COMMISSION
NEWS OF THE CAPITAL CITY
Collector Of internal Revenue viii
Send Out Blanks Early and Hopes
to Receive Income Taxes %
Rush viii Not Occur

Market Investigator Frank Cone and
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 at Butte, on application of
Johnston 4 Coleman of Billings and
Gum, Rasch 4 Hall of Helena, attor.
neys representing the A. NJ. Hotter
Hardware company Of Helena. the
Gamer Shoe company, the Hennessey
company, the Simons Dry Goods COM
pany, the NJ. ]. Connell company, ]. H.
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 net has been
attacked upon the ground that it VIC.
lates the fourteenth amendment to the
constitution of the United States In
that 1t deprives the plaintiff cOmpa-
nies 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
he 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 complainants 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.
reasonable searches and seizures, In
that it gives to the market investiga'
tor the right to go onto a premises and
seize the books of business and ex'
anime them.
In order to hear the case, Judge
-f3ourquin, 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 a district court
Judge and the other member Of the
circuit court of appeals.
Whichever way the case goes in thu
lower court 1t Is believed that the mat
ter will be taken to the United State.
supreme court for final decision.
The attack upon the law Is part o.
the plan devised by the newly organ
lied Montana Development association
formed by merchants of the state at {
meeting In Butte, and at this time 1t I,
particularly sought, it is said, to pre-
vent the commission from starting IL
on a series of hearings, the first o
which had been called for Butte, ant
to also prevent the commission from
putting into force and effect its orde
No. 4. which required that all merchan
disc offered for sale after December
should bear the invoice cost as well q
the selling price.
4 4 4