Garden Spot Market, Inc. v. Byrne

This is what has been described as “The Killum Dead Trading Stamp Case.” An unknown reporter fashioned the title for the Thirty-seventh Legislative Assembly’s Chapter 153 of the Session Laws of Montana, 1961, and that appellation appears in the record before us.

This appeal involves a question of the constitutionality of Chapter 153, Laws of Montana, 1961.

In summary, Chapter 153, hereinafter referred to as the Act, provides that every individual, partnership, corporation, association, or any other organization with a place of business in the state, who, with the retail sale of merchandise or…