The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1921-05-12
ATTACKS MONTANA
LAW ON CAS.USE
PROHIBITION OF MANUFACTURE
OF carbon BLACK" FROM
NATURAL GAS ASSAILED
South Dakota Company That Has an
Investment of 5000, 600 at Baker
in Plant Seeks Injunction Against
Attorney General of Montana and
County Attorney.

Constitutionality of a law prohibit
ing the manufacture of carbon
black from natural gas is attacked
in a suit filed in district court here
today by the Gas Products company,
a firm Incorporated in South Dakota
and doing business in this state I'M
der it's corporation laws, against At
torney General Wellington D. Rankin
and D. R. Young, county attorney of
Fallon county.
An injunction is sought by the Gas
Products company enjoining the de-
PENDANTS from enforcing the statute.
Constitutionality of the law is at
tackled on the ground that it is con-
f~iscatory and deprives individuals
and concerns of property without due
process of law. The law provides for
fines of from 500 a day to $1,000
for it's violation.
The Gas Products company has
100000 invested in Montana, it is
said, and was operating a large plant,
employing a considerable number of
men, near Baker, Mont, when the
law was passed. 1t is the only con-
cern of its kind in the state.
Carbon BLACK the issue
The session act complained of pro-
hibits the 'twasteful use of natui al
gas" and as interpreted by the state
and county officials who are made
defendants in the action, the plant
ifs process of manufacture of car
bon black constitutes a "wasteful
use." Carbon black, the complaint
r~ecites, is a vitality necessary essen
tial in the manufacture of printers
ink, and is an essential also in other
manufactures and in the making of
military supplies necessary to the
government in peril of war.
Plaintiff denies that their use of
the natural gas constitutes a waste
full use," and sets forth that except
by the use of heat against metal, as
by their process, natural gas cannot
be converted to useful commercial
purposes.
Baker Not Deprived
Plaintiff further r~ecites: That the
daily capacity of their plant is 1850.
pounds; for 40 years carbon black
has been a staple commodity for the
stated diversified commercial uses;
that plaintiffs investment of $780,
600 in the plant. was prior to the
enactment of this statute; that there
is no other manufacturer of carbon
black from natural gas in Montana;
that the town of Baker has ample
natural gas for domestic and COM
mercial use of it's inhabitants, and
none are being or will be deprived,
as there are thousands of acres of
natural gas territory, and that there
- - IL @-@ mr. 80 t1A 1n& M fpIsO0L /
ton of such.
That if forced to shut down the
plant permanently, the plaintiff will
be damaged 100000 a year; that the
plant is now closed down; and the
plaintiffs contract obligations are
being impaired.
Arbitrary and Oppressive
Plaintiff denies that the session
chapter complained of was for con-
.servation of the gas, and declares
that it is arbitrary and oppressive,
and renders criminal these opera
lions which are innocent; hat the
defendants intend to start proceed
ings against plaintiff; that the pen
aIties provided in the chapter are
possible up to 1000 for each offense;
that such proceedings would be I'M
Just and designed to coerce plaintiff
and deter from seeking and obtain
ing judicial determination.
Asks Relief
Plaintiff asks that the chapter be
decreed illegal and in c-ontravention
of the federal constitution; declares
that they have no adequate remedy
law for irreparable injury result
ing to it's business and property; also
for writs both introductory and per-
manent restraining defendants and
all other persons from attempting to
enforce, and from enforcing the stat
ute and the penalties and prohibitions
therein provided for.
TOkiO-Japanese newspapers re-