The Columbus dispatch. (Columbus, Miss.) 19??-1922, 1920-05-05
R. E. BENNINGTON OF JACK
SON FILES SUIT IN FED
ERAL COURT AGAINST
COMMISSIONER.
LEGALITY is UP
Forestalls Threatened Indict-
ment BY Federal Court For
Profiteering Case In
Jackson.

The Jaeksea Daily News of Monday
afternoon contained the following
news story:
An attack is made on the validity
of the Lever Act, under which Fair
Price Commissions have been organ
lied throughout the United States, in
a suit filed in the Federal Court here
today by Mr.. r. E. Remington,
owner of several department stores.
The suit is directed against Attor-
ney General A. Mitchell Palmer; T.
J. Locke, Fair Price Commissioner
for Mississippi, and Swepson j. Tay-
lor, Fair Price Commissioner for
Kinds County, and other officials of
.he Department of Justice.
Injunction Sought.
An injunction is sought by the
complaint to restrain the Fair Price
Commission from enforcing it's fair
price list, issued last Saturday, on the
ground that the margins of profit
fixed therein are inordinately below,
far smaller than those fixed in any
other state in the Union, and Mr..
Remington alleges in his complaint
that if the rules and regulations is
sued are enforced he will be compell-
ID to close his doors and quit business.
Ground for Attack.
The validity of the Lever Act is
attacked on the ground that the mer-
1,handise ordinarily carried by de-
partment stores, especially wearing
apparel, cannot be construed as COM
nodities within the wartime defini-
lion Of that word, and Conress can
not make them commodities merely
by declaring that they are such.
The bill of complaint is lengthy
document, and asks the court to con-
strue the first ten amendments to the
Federal Constitution, insofar as they
relate to the power Of Congress to
enact legislation of the character un-
der which the Fair Price Commits
sions presumably are acting.
On April 30th, Commissioner T. j.
Locke issued a profit-fixing regula-
tion, placing a limit of 33 1-3 per
cent on mems clothing costing up to
s25 per suit, and a 35 per cent profit
on suits costing from $25 to $50.
The same limit was fixed on women's
and misses suits and dresses. A
80 1-3 per cent limit was fixed on all
staple dry goods ordinarily carried by
"a department store.
To Make Indictments.
1t is alleged by the complaint that
Swepson ]. Taylor, Fair Price Com
missioner for Kinds County, called at
the Remington store and demanded
to be show invoices showing the cost
of merchandise, which he had no au-
thority to do; that it is the intention
of Commissioner Taylor, and officers
of the Department of Justice, to at
tempt to secure indictments at the
term of Federal Court this morning
against complainant, on the basis of
sales made at profit margins in ex-
cess of those fixed by the Fair Price
Commissioner.
Mr.. Remington alleges that large
amount of the merchandise sold by
him, including wearing apparel, is at
profit margins less than those fixed
by the commissioner, and that these
goods are often sold at prices less
than the primary cost thereof, be-
cause OF the changes IN styles, taste,
whims and caprices Of customers.
Locke Without Experience.
1t is further alleged that Commits
sioner 7. ]. Locke has had no ex-
perience whatever in the operation Of
department store, and has nc
knowledge whatever of the business;
that he is engaged in the wholesale
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