The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1926-04-09
COURT WILL TEST
LEGALITY OF LAW
REFINING COMPANY CONTENDS
TAX ON GASOLINE is UN-
| CONSTITUTIONAL
Foreman of Anaconda Fish Hatchery
Devises Way to Prevent Gill Di-
sease; Attorneys for State Fair
Board As Ruling on Fair Races
tBy Our Helena Correspondent

The Montana supreme court has been
asked to pass upon the cOnstitutiOnality
OF an act Of the law passed by the 1921
legislature which taxed M-Ontana-made |
gasoline sold in this state at one cent a
gallon. Attorney General Foot appealed
from a dismissal in the district court for
Lewis ana clark county where ne had
sought to collect from the Sunburst Re-
filming company, the tax for the first quar-
ter of 1928, together with a 80 per cent
lenalty. The district court upheld a de-
murrer Of the oil company, which contend
ed that the law was unconstitutional in
that 1t taxed MOntana-prOduced gasoline,
while it did not require a tax to be paid
by gasoline shipped into the state from
a foreign refinery.
The appellate court already has held the
1923 law unconstitutional, but indicated
that the 1925 law is prOper Both these
statutes carried a 2-cent tax and were
amendments Of the 1921 law. The 1925
statute repaired a defect which the court
found in the 1923 law. Take for only one
quarter period were uncOllected when the
supreme court nullified the 1928 law, and
the attorney general at the suggestion Of
the board Of equalization, then ought
to collect the tax for that quarter under
the old law on the ground that, if the
amendment attempted in 1923 was invalid,
the old statute enacted in 1921 was still
the state law.
Prevention Of a gill disease which has
caused considerable loss in the Montana
state hatcheries is believed to have been
attained by Kenneth Mcdonald, foreman
at the Anaconda hatchery. After a series
of experiments, Mcdonald has become con-
WINGED that the cause Of the trouble is lack
Of iodine In the water and G. A. JackWays,
superintendent Of state hatcheries, has
written to the other hatcherymen, suggest
ing that they take advantage Of Nc
DOnald's discovery.
Mcdonald uses one part Of iodine to
500 parts of water and pOurs a pint Of this
solution in the upper end Of the trOughs
about an hour after feeding the fish. The
disease, it has been determined, is caused
by a parasite which attaches itself to the
gill and the iodine treatment seems to have
been successful in preventing the PARASITE
from getting a start
Asserting that upon a decision as to the
! legality a system Of recording g wa
! gers on horse racing, depends the decision
> as to whether Lewis and Clark county win
? sponsor the Montana state fair at Helena
! this year, attorneys for the fair board
have asked the supreme court to advance
e the hearing to the earliest possible date.
Intention Of the Milwaukee railway to
discontinue agency service at WestmOre,
In the extreme eastern part Of the state
Z was recently brought to the attention Of
the railroad commission in q protest signed
z by a number Of the residents OF that town
TIand vicinity. Now the board has been ad
Vised by the Milwaukee that it is arranging
to close the station and to install a cust0.
dian. It states that the agency revenues in
1925 were $22,8I1, mostly from grain and
livestock shipments an car lots. The board
o. will advise the Milwaukee chat unless Il
shall receive an order from the commission
> permitting Of the closing Of the station
o the services must be maintained.
g g g +,
q Protests against the proposed schedule o
the Great Northern railway disc~Ontinuini
e Sunday passenger and mail service on th
ShelbV-SWeet Grass road have been re
Iceived by the Montana railroad commits
IsiOn from KeYin, Sweet Grass, SunDurs
Lord EnnThm Mnn railroad has hnnw nnwHrn|
land q hearing IS contemplated The orde
permitting the schedule was made By tn
lt commission subject to protest and hearing
George III. Heal has been denied DeE
q mission of the commission 70 establish 81
Do automobile freight line between 8imms en-
Great Falls.
AZ Following tie Eecelpt from Judge -.
Stone of BILLINGS Of The transcript Of test
monv taken before him in the ease Of ga
Can5dn Eautral Gas company against q