Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-05-26
JUDGE ANDERSON
UPHOLDS MINERS
toontinued From Page one.)

gagged in producing, handling and dis
tributinp neesssar ies-foods, feeds and
fuel. The constitutional warrant for this
legislation is found in the grant of power
10 congress to declare war, 10 raise and
support armies, and to provide and main
tain a navy.
Those who produce foods to feed the
soldiers and sailors those who produce
feeds TO feed the horses and mules re
ouired by the army. and those who pro-
duce fuel TO transport the soldiers and
propel the ships Of the navy. are all alike
helping to win the war. and are all alike
IN the same general class.
The second pToviso in amended Sec
ZION 4. that nothing in this act shall be
construed to forbid or make unlawful
collective bargaining by any cooperative
association or other association of farm
ers. dairymen. gardeners or other pro-
ducers Of farm products with respect TO
the farm products produced or raised by
its members upon land owned. leased or
cultivated nv them is as unwarrsnted
as the one just considered.
The indulgence To the excepted ella
IS in respect to the farm products pro-
duced OF raised upon land owned. leased
or cultivated by the members Of If. But
this does not differentiate the instant
case from the Connolly case, for there the
exception was to apply TO agricultural
products or live stock while In the hands
Of the producer or raiser
my conclusion is that the classihca-
tion In amended Section ( is arbitrary
and not natural or reasonable: that such
section is repugnant to the due pro-
cess clause of the fifth amendment, anu
Is therefore void
ORIGINAL SECTION
Is NOT SUFFICIENT.
It further conclude that original See
ton is insufficient TO found crim:-
nal charge upoa. because there is no
penalty provided for the violation of Il.
1t does not of itself create an offense.
as that word is used in the criminal
law. and there is no general penalty
clause In the statute n cover 1t.
Section IS deals with persons carry
ing on or employed in commerce. among
the several states in any article
suitable for human food, fuel or other
storing. acquiring. holding or destroy
ing Of any such article for the purpose
of limiting the supply thereof 70 the
public or affecting the market price
thereof in such commerce.
The first provisO excerpts farmers,
gardeners and other persons as 10 the
products Of land cultivated by them. and
IS Objectionable for the same reasons
given above in considering a similar ex-
eeption in amended Section 4.
The second prOviso. that farmers
and fruit growers. cooperative and other
exchanges. or societies of similar char
aeter shall not be included within the
provisions OF this section. carves out an
excepted class for which no reasonable
basis can be seen. This provisO IS not
limited TO the necessarles produced by
the excepted class. but il applies to farm
ers fruit growers, CO operative and other
exchanges or societies OF a similar char
acter without reference to where or by
whom the ueCessaries are produced.
These persons are set apart as a favored
class and are given the privilege Of stOr-
ing. acquiring, holding or destroying
necessaries for the purpose of limiting
the supply thereof to the public or af-
fecting the market price thereof in in
terstate commerce without any restraint
whatever. while all other persons who
commit such acts are to be punished as
criminals, 1t is arbitrary legislation and
can not stand. Section % is therefore
void"
REGARD ACT BEING
WAR TINE MEASURE.
In discussing tho point made By Judge
Hughes that tine law is wartime
measure. and that it has no force nor ef-
feet at this time. the court held that mas
much as congress has the right to declare
war il has the same power TO terminate
war and that 50 long as this latter power
IS not exercised a state Of war continues
10 exist.
The court quotes another section 81
the act which holds persons liable for
offenses committed during the existence
Of the act. after ifs termination
Under this. even r. a state Of war
ceased TO exist when the armistice WAS
signed and announced TO congress ny
the president" the court holds. "that
act was at least in force until then;
and if the set terminated then. by the
provisions Of Section u, such term.na-
tion could not effect the Offenses COM
initted before that time. and the counts
between the date Of the az and the
signing Of the armistice in November.
1915
Section . Of the Lever act. which the
court sustained, makes conspiracy to lin
It facilities for Transporting. manufactur-
inc, supplying. storing CT dealing in any
necessaries. to restrict the distribution
OF any necessities; 20 prevent limit or
lessen the manufacture or production Of
any necessities. unlawful, and provides
a fne Of $40 0oO OF Imprisonment for not