“ In order to prevent the possibility that the decree may operate injuriously in the future, the decree will be modified by providing that the members of the state tax commission, or that commission, may apply at any time to the court below, by bill or otherwise, as they may be advised, for a further order or decree, in case it shall appear that the statute has been sustained by the state court as valid under the state Constitution, or that by reason of a change in circumstances the statute may be regarded as imposing a valid tax. ”

“ This suit was brought by respondent, Field Packing Company, against the state tax commission of Kentucky and its members to restrain the enforcement of that part of chapter 158 of the Acts of the 1932 Session of the General Assembly of Kentucky which imposed a tax of 10 cents per pound on all oleomargarine sold within the state. ”