The Dawson journal., 1883-07-12
TIE RAY Bill.

AAONAtiN 80 81 Inv 4ftoL - NNAGil IN MI.
Ray, Of Coweta, which provoked
lively and somewhat prolonged dis
cnssion. A vote was not reached
until just before the hour foradiourn-
ment yesterday morning, and much
to the surprise Of many there licked
only one vote Of a constitutional
majority in favor of is passage.
With the greatest Difference to the
wisdom Of the Legislators, we desire
TO present some views that have oc-
Cured to us in regard to the policy,
expectancy and constitutionalty of
tue proposed law The bill provides
that a farmer who buys a fertilizer
and gives his promisoiy note for the
purchase money, and enters into
written agreement whereby he
agrees to accept the analysis Of the
state chemist as a true and final test
Of the quality and value of the fertil-
izer, and expressly valves his right to
plead failure of consideration OF that
the fertilizer failed TO benefit his crop,
may, not wiJllstandiog this waive-.
proceed to show that the fertilizer
was not reasonably suited for the
purpose for which it was intended.
We DO not quote the exact language,
but give the substance Of the bill.
In other words, the bill proposes to
enact that a farmer may do that
which he for valuable considera.
ton has expressly agreed not to do.
We think the proposed act is contra
rv to public policy first. because
its passage would al once throw open
the foodga'es obligation, and we
would have repeated the scenes Of
eight or ten Years ago when two
thirds Of the time OF the courts and
jaries aud innumerable defendants
and witnesses was consnmned in the
investigation Of the "guano cascs. .
The proposition viii not be denied.
The bill is professedly in the inter
est of farmers and is based upon the
hypothesis that the farmers need
protection. Protection from what
! The answer is : From the copseqnen-
ces of their own acts. The bill
! plausibly suggests that the farmer
is compelled, as If under duress. t.
| sign the iron-clad waiver rote and
that he ought to be relieved from the
Obligation incurred as the law re-
lieyaS 4 man from a contract which
has been signed under fear of great
bodily harm or pecunlary loss. The
farmer is not compelled either to buy
fertilizers or to sign an iron clad
note. He has the option 70 do with
out, pay the cash, Or sign the note.
Tie very fact that farmers vill year
after year sign such contracts is a
very Strong proof Of his faith in the
value Of fertilizers. Ii he were con
tinually being cheated and imposed
upon he would not only refuse to
sign, but would decline to purchase
I On - tyrr,s-.
But we think the proposed act
would he contrary to public morals,
and for that reason, inexpedieat if
not unconstitutional. 4 man, in the
exercise OF his freedom to make his
own trades. signs a waiver note. he
agrees to take the fertilizer upon the
chemists analysis he buys upon the
faith Of that analysis. He may, Il he
will, secure samples of the goods and
have the same verified by special
analysis free of cost. In considera-
ton OF Indulgence until he makes
is crop he agre S to take all the
chances, all the risk Of loss from fail
ure OF the fertilizer to benefit bis
crop, whether on account Of bad
seasons, poor stand or i'll adoption
of the fertilizer to his soil: aid sol
emily agrees in writing not to hold
the dealer respon sible for the failure.
and that he viii not plead any such
failure. All these things he has a
e feet moral and legal right to do.
In 81 yning such a note he is hut ex-
ercising one Of the commonest. most
obvious and inalienable rights of
free man in a free country. Hesigns
the cote and applies the fertilizer to
his crop. Seasons are suspicious for
while, but drought or boil worm
or rust, OF other disaster oyertakes
him, aad his crop is comparative
failure. He is unable to meet his |
engagements. lie owes the mer-
chant for his bacon and -four. the /
physician for his services and the la /
borers their hire. He is sadly en-
harrassed, hedged about with debt. /
He hardly knows which way to turn.
But the tempter comes to him and /
says "You must live: your family /
must not stave; they must have
medical attention you must have
labor next year. Pay up the mer .
chant for the provisions used this (
year. pay the doctor, pay the labor
ers; iaut the law says YOU NAV throw
the blame Of yauy failure on the
guano dealer. You are not bonnd
by your contract to pay him if YOU
can just show by your neighbors
(who are in the same fx) that the
guano did not benefit your CROP
He yields under the pressure.
violates his solemn obligation and |
his waiver, ana the law sustains aud
iustIties him in it. VIII any one say
that the farmer who would do such
a thing is not guilty of a gross viola
ton Of faith? Can man be honest
aud do such thing? Is law which
makes it posslbIe-nay, encourage
the farmer TO do such thino-cnn-