Salt Lake Telegram | 1935-09-16 | Page 2 | U. S. Combats Coal Act Suit

II U. M S. S 1 COMBATS COMBA IS COAL ACT SUIT WASHINGTON Sept 16 CR- CR p- p Dismissal of the first legal challenge of th the Guffey coal stabilization bill W was S asked by the government to today today today to- to day in District of Columbia supreme court on the ground it was prema- prema ture ure The case attacking the 1 of the recently enacted bill bm to set up a little N R A for lor forthe he the bituminous industry was brought by James W. W Carter a I southern West Virginia producer In asking that hat the request for tor an b be denied government an attorneys attorney prelle presented the following contentions i 1 The act is not effective until the he national bituminous coal commission commission commission com com- mission has been set up to enforce enforce enforce en en- force it 2 No taxes have been levied or assessed under the act 3 It is II impossible for lor the court courto to o determine now if it the act ad will vim in injure inure in- in n- n jure ure the company or is an n abuse 4 The act provides complete and adequate statutory form of r remedy me ly and a acceptance d does es ri not t I stop the he co company pany from contesting the constitutionality of any provision provision pro pro-I vision of said aid code 5 The he government ent a party to the case has not agre agreed d to be sued I As AJ the court arguments proceeded proceed proceed- ed a committee of at two A Appalachian producers and two United Mine J MineWorkers MineWorkers' Workers Workers' officials continued negotiations negotiations toward a new wage con con- tract