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Show OPENS ATTACK M GO! ACT CHICAGO BOARD FILES INJUNCTION INJUNC-TION AGAINST ENFORCING OF PROVISIONS OF ACT Constitutionality of New Law Restricting Restrict-ing Future In Trading to be Tested Violates State's Right Claim Chicago The Chicago Board of Trade Monday made its first move to I test the constitutionality of the grain futures act when it filed In federal court here a petition for injuction restraining re-straining the government from enforcing enforc-ing the provisions of the act. District Judge Carpenter issued a Btay order preventing enforcement of the net until Nov. 13, when he will hear the petition for a temporary injunction against enforcement of the i regulating action. The law, enacted to take the place of the former Capper-Tincher act de- flared unconstitutional by the supreme su-preme court, was passed to become effective November 1. The bill of complaint, filed by Henry S. Bobbins, counsel for the board, charges that the law seeks to regulate as interstate commerce, trade that is wholly state ; that it lnterferred with state rights to govern exchanges, and that it seeks to deprive board members of their property by admitting admit-ting representatives on co-operative bodies and permitting them to rebate commissions in violation of rules observed ob-served by other members. Further charges of unconstitutionality unconstitution-ality are made on the ground that the law makes violation of its provisions a crime "and constitutes the secretary of agriculture, the secretary of commerce com-merce and the attorney general a commission com-mission with power to deprive offenders of-fenders of their rights to thereafter pursue a lawful avocation; whereas, such criminal laws are, under the constitution, con-stitution, enforceable only in courts, "with a jury trial." Other Bections granting wide powers of control to the secretary of agriculture agri-culture who is given authority . to designate what exchanges slurll or shall not be contract markets, are attacked at-tacked as unsound. ; Fear of what might result from the drastic provisions of the law, the complaint says, may bring on a "a serious ser-ious disturbance of the grain markets of the country." "Many owners of grain," it states "will be deprived of the privilege of insuring themselves against price fluctuations through 'hedging' contracts con-tracts and Irreparable loss to member and others would result." |