The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1920-03-19
SPOKANE STORES
MUST FACE TRIAL ON
PROIFTttRING CHARGE
il DGE RI DkI\ ONERRIIES DE.
MI RRER IN SkOkA\E DRY
GOODS, CULBERTSON AND
HILL CASES.

SPOKANE, March IL Federal
Judge Frank H, Rudkin yesterday
overruled the demurrer to the indict-
ment by the federal grand jury of the
Spokane Dry Goods company. the
Culbeftson. Grote- Rankin company
and the Hill Brntners Shoe store on
the charge of prolitcermg.
The demurrer attacked the const-
tutionality of the Lever act, amend
ed October 22, 1919, under which the
federal grand jury returned the in
dictment, and it further pleaded that
the indictments edo NOT charge or al
lege when the goods purchased were
procured, or that selling price was in
itself unreasonable or unjust"
As to the laws constitutionalitv.
Judge Rudkin held thar "a decision of
such far-reaching consequences in
volving as it does or may the very life
and foundation of the government.
should come from the court of last re-
sort and not from this or any other
inferior court"
Arguments We're made on the de
mWrer March 5. The law firms of
Graves. Kizer & Graves appeared for
Hill Brothers; Wakefield & Wither-
spoon and Turner, Nuzum & Nuzum
/ for CulbertSon. Grote- Rankin and
Danson. Williams & Danson for the
Spokane Dry Goods company.
Judge Rudkin's decision means that
the cases must come before federal
jury in this city. Announcement was
made yesterday from the United
States district attorneys office that
the government was anxious to have
the cases tried at as early date as
possible.
Federal officials were of the opin-
ion that this is the tirsr written de-
cision that has been handed down by
a federal court passing upon the
amended Lever act wherein the au-
thoritieS were cited il, support of the
courts decision. In the st. Louis de-
cision recently. the Judge instructed
the jury. after the evidence was all in.
that the law was unconstitutional, but
cited no authorities, federal officials
here say. They say also that at Pro
violence the decision was oral. and
overruled motion to iuash the in
dictment on the ground of unconSti-
! tutionality
"lf general conditions are correctly
portrayed by the charges contained
in these indictments. It will not be
denied that there is a crying need for
relief of some kind from this source"
the opinion, which covers If closely
! typewriter pages. says IN part:
"Ihe aggregate cost price Of the
articles enumerated in the 76 counts
of the indictment against the Spo-
kane Dry Goods company is SS362G
and the aggregate selling price i
SlS23.45, or an average profit of 11S
per cent, based on the cost price The
aggregate cost price of the articles
f''N'''h' "a III AII' W. tblIl~ eiS eillSl
the Hill Brothers Shoe company is
S273.52, and the aggregate selling
price is S650.50. or an average profit
of 13S per cent, based on the cost
price. The aggregate cost price of the
articles embraced in the 70 counts
against the Culbertson. Grote- Rankin
company is 1921, and the agpre-
gate selling price Sl139.S1. or an av-
erage profit of 131 per cent. based o.
the cost price. That such profits are
eXtortionate no one will deny.
"Of course, if confined to the three
stores in question or 70 only few
stores the people have a remedy in
their own hands by withholding their
patronage, and if they fail to make
use Of that remedy to the fullest ex-
tent they alone are to blame On the
other hand, if these conditions are
general and to continue indefinitely.
the people are without remedy except
through governmental action. and
have little doubt that all the powers
Of the government. both state and
federal. will grapple with the evil
and that a remedy will be found We'll
within constitutional limitations"
As to the lack Of certainty Of the
law. the opinion continues. in closing:
at may be that congress has tran
scended its constitutional powers. it
may be that there is no connection
between the selling price of some
small article of female attire and th.
prosecution Of war which has pas
sed into history. and Is little more
than a memory, and il may be that
the act Of congress l. void for uncer-
tainty but ! am not prepared 10 50
hold