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So widespread has been the interest shown in the recent decision of Judge Geofge M. Bourquin in the federal district court for Montana, relating to the constitutionality of the law which created the Montana Trade Commis mission, that it has been considered worth while to publish the decision in full in this paper. The decision handed down by Judge Bourquin is considered one of the most important handed down by a federal for many months. The decision, in effect, ruled that the law creating the Montana Trade Commission, which NT 33 \ , Jtrntl ri ^TRAPPING K AND SHIPPING L TO THE OLD RELIABLE THE Largest Consignment House IN THE NORTHWEST # 29 Years of Square Dealing Write for Price List, Shipping Tags and Treppcrs Guide No. . NORTHWESTERN HIDE FUR CO., \ Minneapolis, Minnesota -rnï'x: i For 34 years Becker Bros, have W been grading furs right up to 100%. Other houses may quote higher but the honest grading of Becker Bros, brings the biggest check. We Pay Transportation j No commissions deducted for handling. 1 We pay all shipping charges. This I saves about 10% and insures you 100 A cents on every dollar's worth. WRITE US TODAY Get the Free price list and detail Sjbg, A of our special bonus offer. Qg&A BECKER BROS. & CO. j_. i H w i ft |K!|; L&HJx t • ... et<\ I j Great Falls, Mont | Dp (.:*(>< I 420 N, Dearborn St, Chicago »IM.3071 129 W. 29thSt., New York l>i»t.:»G7I 200 W. Decatur St., New Orleans He a * î > î ■ î 1 1 * p Sa urn kæs*4 I r) N SHIP Ü L HOW li turns from your ship ment to us arc not satis- '3 f. factory wo return same paying charges both ways. DID YOU EVER HEAR OP A FAIRER DEAL A i THAN THIS? 3 h We want your hides and M 1 furs. Ship now or write for tags. : a> W I GREAT^ALLSf ..MONTANA FRANK LEMMER TAXIDERMIST Game heads and birds mounted true to life. Horse and cow hides tanned or made into coats or robes. GREAT FALLS, MONT. Tell u» the kind of fur» you wish to have «*de up. You furniHh (he raw tun. H « h ides, We dress, make op in our plant. We tan und m\ we l; L-i in ufaetnre eoats, rohe», «loves, mittens, caps, vests, rugs, la dies* furs, and do taxider mist work. Trj us — tell your friends. Semi for Beaver Coat letter—fret circulars. Write now. m m W. W. WEAVER CiiHtom Tanner and Manufacturer READING, MICHIGAN 73 HIDES, FURS SHIP UV POST, Express or Freighl ami rtivive full value, correct weight ami prompt returns. Write for price list »ml shipping tags. BOST"' HIDE, WOOL & FUR CO. WRIXON & AGNEW I**r* 4 *— « I- tii % Hide & Wool Dealers i»* the Northwest p. o. (toy IHH4 j V < r i l « ~ t iw . ' ■ N • / PRICES ARE SKY HIGH HIDES AND FURS L>| Why deal with nfter»? hhlp youi T« « home concern « your frlendH. No long delays, quiek cash satisfactory returns. Make up a ship ment today or write for taffi*.. customers St / 10.00(1 HHtisfipd iir books—bo one of them. LEWISTOWN HIDE & FUR CO. LEGIST OWN MONTANA was passed as house bill No. 14 at the special session of the legislature last August, is unconstitutional, and a permanent injunction was issued against the Trade Commission, which has the effect of eliminating that body entirely. It also suspends per manently the order of the commission requiring the merchants to mark in voice prices on their goods. Judge Bourquin held that there is no legislative power to regulate and fix prices of ordinary mercantile busi ness and common vocations which are not of public interest, and that legis lative power to regulate and fix prices is limited to those defined as being of public interest, such as public utilities, grain storage, insurance, wages of men in some of said utilities, perhaps to a limited extent; and wages of women and minors, likewise. The law passed by the Montana legislation, the court held, would ac complish a complete and permanent reversal of the American system of economics of business and employ ment that has obtained since the na tion was founded. The decision reached is based on the conclusion that the Montana Trade Commission law, or House Bill No. 14, is in vio lation of the Fourteenth amendment to the United States constitution. Judge Bourquin's decision in full follows : "This conventional suit to restrain state officials from enforcement of state , legislation, involves the grave and momentious issue whether or not state legislative regulation of prices in ordinary mercantile business is re pugnant to that clause of the Four teenth amendment which commands that no state shall 'deprive any person of life, liberty or property without due process of law. To this all else is subordinate, which justifies their disposition with brief reference. The usual defenses of immunity of the state from suit, of premature action, and of adequate remedy at law are foreclosed by familar decisions of the supreme court. "At the outset defendants note that the act is of August 11, 1919, at an extraordinary legislative session to meet an emergency of drouth, that the legislature included a declaration that it is an emergency law immed iately necessary for public health, peace and safety, and contend that if it is supported by public opinion and prevailing morality, that these cir I cumstances validate the act as legi timate exercises of the state's police power, despite the Fourteenth amend ment, and that they are conclusive upon the court and require that should proceed but to dismiss the suit. The law is otherwise. Consti tutional rights are independent of legislative will. Public opinion and emergency can inspire exercise of powers possessed by the legislature, but cannot endow the latter with powers withheld from it by constitu î tions adopted by the people. Police Power Limited. "No legislative declaration concerns the courts when fundamental rights are involved. Otherwise, the consti tution would be but a scrap of paper and the people's inalienable rights by it guaranteed would be open to de struction by* legislative whim. It is true that public opinion, prevailing morality and emergency often author ize a legislature to legally denounce as a cr ' me today which was law ful yesterday, to regulate a business as of public interest today which purely private yesterday, to do that I in behalf of public welfare today which it could not do yesterday; and 1 all because of changes ' stances and conditions wrought by passing time, which bring the in stances within the principle that gen eric terms in constitutions and stat utes. open to include newly created species. The limitation of the prin ciple is that it is subject to consid eration in the light of other constitu tional and statutory terms and prin ciples ,and any conflicts are to be solved in favor of the one more har monious with fundamental and other rights involved. And the police power of the state, which is nothing mysterious, but only another name for the power of the people to govern themselves, is of course, subject to constitutional limitations. That is what constitutions are for. "See: Hamilton v. Co. U. S. Sup. Ct. Dec. 15, 1919; Wilson v. New 243 U. S. 348; Buchanan v. Warley. 245 U. S. 70; Adams v. Tanner, 244 U. S. 691; Los Angeles v. Corporation, U. S. Sup. Ct. Dec. 8, 1919. Regulation is Limited. "Proceeding to the merits it is set tled law that the 'liberty guarded by the Fourteenth amendment is not only freedom from bodily restraint but is also freedom to follow any common calling, to engage in any ordinary business, to labor for a livlihood, to barter, trade and sell, and that the 'property' protected by said amend ment is not only things but is also the incidental right to enjoy, use and sell things. Both liberty and property and rights therein are alike all other rights of persons in that they are not absolute but are qualified, are held and enjoyed with due respect for the rights of all persons both as individ uals and as associates making up or ganized society. Hence, like all per sons, things and rights, liberty and property are subject to regulation by the state. This regulation is limited to what is reasonable, and so far as here involved and generally speaking, all regulations are reasonable which was in circum re do not violate the aforesaid 'due pro cess' clause of the Fourteenth amend ment. For reasonable regulations of persons in their employment and busi ness does not deprive them of liberty and property without due process of law, within the meaning of said amendment. So the issue resolves itself into the query, is legislative re gulation of prices in ordinary mer cantile business unreasonable? Common in Olden Times. "That such regulation and also of wages were common in England and to lesser extent in the American colon ies before the union of states, is not against like legislative right and power now. For parliament then as now was subject to no constitutional restraint. It had unlimited legisla tive power, and to all intents is a con tinuous constitutional convention all of whose enactments are valid and must be so considered by the courts. Despite a 'due process' clause in magna charta, parliament enacts any laws it desires and that it believes will not excite rebellion. So was it in the American colonies. In England these price-fixing laws, if they did not in cite rebellion, they did excite dissatis faction and resentment. They may have had their share in riots and re bellion, and did have a share in emi gration to America to escape them as other impositions. They were im practical, failed of enforcement and were mostly repealed before the American revolution. Conditions and people in America were even less suit ed to such laws, and here they met the fate of their English predecessors. In America constitutions a system of government different from England's was adopted, designed to remedy Eng lish abuses and defects, and to insure a greater freedom. It maintained all basic principles of the social compact cherished in England, but to accord with conditions, people, opinions and morality some different from Eng land's, it abolished some faults known in England, and created and protect ed some rights and powers there un known. Powers Recognized. "By it none of the right and powers of the people were destroyed, but they were recognized to an extent unknown in England and were distributed and safeguarded otherwise than in Eng land. Here the people reserve power to themselves and more legislatures than is enjoyed by parlia ment. For their own welfare, they regulated and restricted the exercise of all power, both by themselves and by legislatures, in respect to, by whom, when and how any power could be exercised. And all to avoid revival in this country of English misrule from which we were escaping, to preserve our inalienable rights of life, liberty, property, and pursuit of happiness— in brief, to govern ourselves only with the consent of the governed and as best comports with an enterprising and independent people in a free land. So while the American people posses all rights and power, they have agreed and contracted every person with all others, that some thereof can be exer cised by the people alone, some by state legislatures alone, some by the United States alone, and some by ac cord of three-fourths of the states alone. Amendment Only Recourse "Such is the will of the peonie ex pressed in their constitutions £ re lation to the power to fix prices and wap-pa in u • P rlc , es a 11(1 tions it has been J oca ' cepted doctrine from tT. ! aad aC " that the people in fZ SfJ be ^ ln ?. 1 ^ tions reserved it to thimÎLi 3onstltu : Sd from the «„e of the feeSh amendment that they restricted or suspended the power so long as the of of a rule of nronortv aZi th ^gnity oplSo a n, Ur S."?tv 0 SmS n ifcy"but only bv the pponlp üut BJÄ ,pnr — "If there bp mv rfp,.; c ; m u„ . of last resort contrary hereto, "ha's baker's ^read cases ^MbhU^^v pf 16 There is lesrislaHvp T involved. or fix prices nnri wawcT t0 reg ?* a te wages in some busi •ihip nnri ap C p tl0n >f V ? 11 u h It reason ÄtSff" br the F0Ur - of men in some of'said nHHHpJ^fp 68 . d and minors likewise SSiÄÄE îÆyÂ-a Ä.; he Tative regulation of nriSs in ÎL ^af - ter of nrrlinarp t £ 6 • nnrl 6 business arris srivâf to Wi,™ MpJ n °o ] tp JT o " to Wilson v. New, 243 U. S 347: many cases involving the validity of legislative price regulation, in view of the Fourteenth amendment, have been before that great tribunal. In all of them the determining point was whether the business or calling was of public interest, concern and con sequences, or was it ordinary mer cantile business or common calling and so purely private. In every case wherein the power was upheld, it was because the court or a majority of it were persuaded the business or calling was of the former character and not of the latter. The dissenting justices were not so persuaded. Mercantile Business Private. "But in all cases all the justices were in accord that while legislative power of price regulation exisits in business and callings of public in-1 terest, concern and consequences, it does not exist in ordinary mercantile business and common callings, and be cause they are purely private; because in respect to them such regulation is unreasonable and contrary to the fourteenth amendment, it is emphasiz ed that whenever the court was only because after a struggle it was able to view the instances as not an ordi nary business or calling, but of pub lic interest, concern and consequence. In defining what is the public interest that renders legislative regulation of prices reasonable, and in what busi ness it exists, the supreme court says it can be best explained by examples. And thereupon it cites those herein before mentioned. It further says that though there is some public in terest and concern in every transac tion by every person, that is not the public interest in respect to which alone there is legislative power to regulate prices; that this latter public interest exists only when it is a broad" and definite public interest arising by reason of the nature of the business, wherein its proper conduct concerns more than the parties to any single transaction, wherein by reason of pe culiar circumstances the business sus tains such relation to the public that they are affected by its consequences; and in substance that this public inter est does not exist in ordinary mercan tile business, because therein transac tions are independent, individual, and of no material consequence to anyone save the immediate parties to them, upon whom alone their effect falls. "See: Germania, etc., Co., vs. Kan sas, 233 U. S. 406. "In answer to the argument that the reasoning of the decision would sanc tion Jegislative regulation of every act of labor and price of every article of use, the court significantly says, 'we might, •without much concern, leave our discussion to take care of itself against such misunderstanding or deductions. * * * * Both, by the expression of the prin ciple and the citation of examples we have tried to confine our decision to the regulation of the business of in a public interest, and therefore sub ject to be controlled by the public for the common good.' Public Utilities Different. "And the court points out how in surance creates interdependence be tween all policy holders in connection with other peculiar features, creating a public interest. Ordinary shop keepers are not of public calling. Terminal etc., Co. vs. District, 241 U. S. 256. Congress has more power over the district than any legislature has over a state, but though it can re gulate prices for phones of companies devoting them to public service, it cannot regulate prices for phones by the companies restricted to a single building not connected with a public exchange, and so purely private. "Chesapeake etc. Co. vs. Manning, 186 U. S. 247. "Congress has extensive power over railroads in interstate commerce, but * houffl i. m an emergency, to avoid in ^ r ^ tl0n of .traffic, it may for a lim d and , t0 °PP ortunlt y f ° r operators and employes to agree, fix wages, it cannot otherwise because of the ' due P rocess ' clause, to which the United States is subject. For such wages are primarily of private agree "' ent 'î°î r bjeC î,. t0 be ! «»''O 11 « or P "w"ton v' «r* iJ* Lu u,- -S' • 1 7°^ seen î, tha P ubllc "terest sar- y? minimum wage for women and minors. * °' Mara - - 243 •■T 1 ", T T any ° lhe " c "»>.in «dentally refers to and invariably ap mv the s» 1 » j 1 »? legislative regulation of prices in or " d "Defendants further contend that, And they cite like legislation, state and congressional, in support thereof. This is the argument of public opin ion, morality and emergency in speci qo term, a,u, needs „o eddlttonel oo„ isra- ssafNEa*? r • )ect to tbe * due P roc e 88 clause of the Fi d a » far * s liberty nd P r °perty are concerned, save in ÄS ,hat destroi,ed bJ military sevSâî: isx and ceuld war ' su PP lie3 P r " ea P^Hc opinion and emergency be allowed to control it is inconceivable that this all SSTää s :iä man 8 shroud, his coffin and his grave, necessities, luxuries, all are within its scope, . „ ... ,. violates Constitution, "As a whole the act would accom plish a complete and permanent re versai of the American system of economics of business and employ ment that has prevailed since the na tion was founded, "It is true there is no federal con trol over any state in the matter of what economics theories it will pursue, provided they be not counter to consti tutional limitations. That involved in as the instant case is, and to an extent j that goes beyond economics and virtu ally invades and to some extent changes the American system of gov eminent, who will question the wis ' dom of the constitution that no such j vital transformation in every day life, j business and government shall occur Î until accord of three-fourths of the j states authorize it ? And does not I this best comport with morality, that men keep their contracts in matters of government as in matters of busi . . ! state legisclation, and faithfully heed : them, it is believed clear that the ] ac t a t bar is within the inhibition of, the Fourteenth amendment and it is 80 decided. "A permanent injunction will issue. This disposition of the case renders unnecessary consideration of other ob jections to the act. "Decree accordingly, ness. "Mindful of the familiar principles that control federal courts in con sideration of the constitutionality of " Dairy Department Fees. Fees totalling $1,463 were collected from 180 retailers, 48 creameries, 50 îpp prpflTD fflptnTipc 5 PVPT 1 pjtopcp fop_ ice cream lactones, seven cneese iac tones, 12 milk plants and 170 Bab cock testers, according to the annual report of William H. Fluhr, state dairy commissioner, which was sub mitted to Governor Stewart a few days ago. It is the first year of operation for the new dairy law and Mr. Fluhr pointed out in his report the need of a Cuticura For Baby *s Itchy Skin (ßn All druggists; Soap 25, Oint ment 25 and 60. XalcurA 25. Sample each free of "Cati cura, Dept. E, Boston." A# ßLA 8L^ Expert Tractor Repairing V' W© employ only experienced men, who know tractors. Now is the time to put your tractor in shape for spring: work. We guarantee our work and our charges are * reasonable. Cylinder regrinding: that will * please you. We make all kinds of castings and offer you a complete foundry and machine shop service the eqaal of any in the west. Cop per hardened and silver babbitt. Alumin um semi-steel. eM m v '.i mm ! WRITE, WIRE, OR CALL Great Falls « Riverside Foundry & Machine Co. f Henning sen Produce Company Butte, Montana , Ä Üfei:-. ; feS*? a 1889—Thirty-One Years—1920 \ The Oldest and Best Established Cream, Egg and Poultry Buying House in the West \ ) Watch this space during 1920 for our "Ads. producer to keep in touch with our markets. n It will pay any Henning sen Produce Company Butte, Montana < 1 . / i . . m V-', f ti : a ti a 's m 4kà I i I Av 4. J ■ : 8 INTAKE a special effort this year to improve soil condi tions and pay particular attention to the bad spots caused by poor drainage, weeds and light shifting soils. We urge the planting of white flowering sweet clover and you will find that the good things you have heard of this crop have been only half told—a most valuable crop for pasture, hay, and seed production. A wonder as a quick soil renewer. Both white flowering sweet clover and the yellow flowering variety are biennials. The root system is similar to alfalfa but hardier, withstanding the most severe weather condi tions. Boy Our Northern Grown Stocks for the best results. Carefully selected and passed by the State Control Laboratory for purity and germination. 4 i * Alfalfa-Red Clover-Bromus-Slender Wheat Grass-Timothy are other crops especially recommended for boosting the fertility and affording fine, heavy hay crops. I ! F Write today for seed samples and our 1920 catalogue con taining complete list of all our seed grains and grass seeds with prices. t Every Farmer should also have one of and Account Books which we mail free, if you will kindly furnish us with the names of two or more neighborhood farmers who will be interested in FARGO BRAND SEEDS d our special individual service to seed buyers. Farmer's Record Iargoa veed House ■ l-i'7' -Fargo; FARCG Ç ¥1 R GO - NORTH KOTA SHED 33 '✓E.eVFO.S i few changes. The law is the first which requires a license tee rtpfn dairy men an( f they have protested ; strenuously against it. j | | j j i RID YOUR HORSES of DOTS and WORMS j j | /«Ä \ 3 Ju. wDen % Why allow the»« pest» to rob you relievo your horses by using: A you run STK-SHOT" Rot and Worm Remover? two sires—$5.00 package con Put up , , . tains 30 capsules and instrument for giving psuies and y i„ gtrn ment. ment, $i.i6. ing-s ; 2 capsules for horses under • •» ? Ies for heav i e , horses, if your deal er c „ nnot supply you, we will mail postpaid upon receipt ofprice. $8.00 sire contains 15 Per dozen capsules, no instru-^ DOSE; One capsule for weanv them. DEALERS WANTED "A SUB-SHOT" NEVER FAILS—MONEY BACK IF NOT SATISFIED FAIRVIEW CHEMICAL COMPANY - FAIRViEW, MONTANA STOVE REPAIRS Water Backs, Water Fronts and Furnace Repairs of All Kinds GREAT FALLS STOVE REPAIR WORKS Phone 344 700 Central Avenue. GREAT FARES, MONT.