The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1920-01-23
Court Declares His Decision Was Essential
For The Pubic's Health, Peace and Safety
Federal Judge Bourquin Issues Per-
manent Injunction Against Order
No. 4-Attorney General Will Ap-
peal Question to United States Su-
preme Court.

Holding that the regulation OF
prices by a state legislature is con-
trary to the fourteenth amendment
of the United States Constitution,
United States District Judge George
Bourquin in Helena Tuesday morning
issued a permanent Injunction against
general order No. 4 Of the State Trade
Commission, formulated to restrict
prices by requiring merchants to mark
articles offered for sale both with the
invoice and the selling prices.
Attorney General S. C. Ford, who
is appearing for the trade commits
sion, announced that the case will be
appealed Immediately to the United
States supreme court. A temporary
Injunction was granted by Judge
Bouuuin recently after hearing in
Great Falls. The suit was brought by
merchants of Montana to test the con-
stitutionality Of the act.
The suit involves the "grave and
momentous issue whether or not state
legislative regulation Of prices in or
dinary mercantile business is repug-
nant to that clause of the fourteenth
amendment which commands that no
state shall deprive any person OF life,
liberty or property without due pro-
cess of law |" says Judge Bourquin
and all else is subordinate to this, he
declares.
Constitutional rights are independ-
ent Of legislative will, the opinion
points out, and dealing with the ques-
ton of emergency, under which as
sumption the act creating the trade
commission was passed last August
bv an extraordinary session OF tfe
Montana legislature, the court says
that sspublic opinion and emergency
can inspire exercise OF powers pos,
sessed by the legislature, but canno'
Iendow the latter with powers with
held from it by the constitution adopt
led by the people"
"No legislative declaration con
Germs the courts when Fundamental
riqhts are involved, otherwise tn
constitution would be mere scrap o
/ paper The American people Il
their constitution have agreed to hav
some of their rights exercised by tn
people alone, some by the leglsiatlv
authorities and some by the courts
the Judge points out,
t'There is legislative power to regu
late and fix prices and wages IN som
: business and vocations, which is reas
, enable and so permitted by the four
I teenth amendment" says the ruling
! ssThe rule therefore is limited to thos
defined as to public interest, concer
and consequence, such as public utll1
ties. grain storage, insurance, wage
of men in some of said utilities pei
haps to a limited extent, and wage
If women and minors likewise.
"Ordinary mercantile business an
common vocations are not OF TN
nublic interest, concern and consf
nuence. but are wholly private; an
90 the reason for legislative reguls
ton of prices therein falling the ru
of regulation does not apply"
The court declares that it is incol
ceivable that this "all embracing ac1
could be sustained as essential f.
nublic health, peace and safety. :,
ranges from the street corner vendt
|of popcorn and bananas to the me
chant prince, from coal to diamond
from the babes first swaddling bar
and cradle to the aged mans snrou
his coffin. and his grave. TRIES, n
cessities. Injuries, all are within Il
scope"
the trade commission World as
whole reverse the American syste
lof business economics and empio
ment. Judge Bourquin says, that q
been prevalent since the foundatit
!of the nation.