St. Landry democrat. (Opelousas, La.) 1878-1894, 1889-10-19
TARE ON COTTON BALES.
important Letter from the President of
the State Farmers Alliance.

CLINTON, La, Sept 81, 1889.
Editor Plc0yune: In the Shreveport
/ Times of the 23d inst. appeared commun
! ication over the nom de plume of 'tAdvi-
ser" claiming that the action of the
| convention Of cotton exchanges, held in
YOUR city on the 11th inst, b. it's ad Just
| ment of tare allowance on cotton bales,
/ violated act No. 81 of 50, which prohibits
! uuder penalty the ''scalage" CT two or more
! pounds on each bale. In an editorial OF
! Tie Caucasian, also published sc Shrtve-
/ port, of date of 23i inst, a similar view is
( taken II is a significant fact that this
sudden issue, joined with the decision of
/ the exchanges, emanates from the same
/ city. must do the Times Justice how
! ever, by saying its editorial on the subject
! is ron comWlttal
! The position of "Adviser" is one of bold
| and braZen assertiyeness, unsustained by
| facts or argument, and is so false and
! frivolous as not to deserve attention, ex-
cept that it is calculated to miSlead the
unwary. Our silence, too, may be declared
by him as 8n admission of his sophistry
ard the arrogance he assumes behind the
masked battery of nom de plume as the
special exponent of the laws Of this State.
So plain ard palpable must it appear TO
all fair-minded men that 'tare" and
''scalBge' are not synonyms that detini-
tion OF these terms would here be super
fuous-the former applying to covering,
the latter TO dust or dirt,
Heretofore the margin eyacted by cotton
| buyers of.6 per cent as an allowance Of tare
was excessive on ell heavy bales, and it is
natural to suppose tlHt buyers aud the jute
trust as we'll should oppose the new adjust
ment. Worthy Of notice is it that cur OPP
ponents have not hSi the fairness to offer
substitute for the late change, nor the
temerjty TO controvert its equity. Where
fore it follows priori that opposition
exists from moneyed consideration.
Again, the unearthing of laws not appli-
cable to the case is an evidence of the
desperate straits to which they are sub
jected. 1t is the dying gaSps of the giant
in his expiring throes, which the united
efforts of two and three quarter million
stalwart yoemanry have throttled in his
presumption.
On my prophetic soul, two years hence
jute bagging will be a thing of the past
The producers of this country are growing
tired of packing, like the old man of the
sea, perpetual burden dashed to their
backs. Farmers want nothing but justice
under the law. They have awakened to
and have the manhood to defend them
Herewith inclosed find the opinions of
leading lawyers of this bar touching the
applicability of act u of 1888 to the al just
ment of cotton tare as reached by the ex-
change convention. One OF these lawyers,
Judge Herman, has served as both district
and circuit judge, and his opinion carries
with it throughout the State the weight of
an able jurist. This mass of legal express
sion makes it supererogation on my part to
add one word to this mooted question, ex-
cept to cite for the benefit of the Shreve-
port writers as applicable to their efforts
the old Latin quotation M0ntes purtu-
riunt ct mas itur 7idicu}us mas.
T. S. ADAMS.
CLINTON, La, Sept. 81, 1880
Captain T. s. Adams President of Stata
Alliance, Clinton, La Dear Sir-In answer
to your question whether the deduction of
16 pounds as tare for cotton bagging, and
II pounds for jute, is violation of act No.
II of 1888, entitled can act to prohibit the
deduction of two pounds or any number Of
pounds, known as scalage, from the weight
of cotton, and provide a penalty therefor"
The said act by the second section provid-
ing That purchasers shall account to the
seller Of cotton in all instances for the
actual weight of the bale purchased or
weighed, except in cases of wet or damaged
cotton, when the amount to be deducted
may tie agreed upon by the parties buying
ana selling"
reply that in my opinion the intention
OF the legislation was to correct and pre-
vent the wrong of arbitrarily dedu"ting
Two pounds or more from the weight of
The bale for what is termed by commercial
men "sca age" term not embraced in
our standard dictionaries
Ia enactng this law the ,rg.a,a.ure evil /
IDENTIFY had no Ieffefence to ':tare," a we'll
known and Well defined term. Not having
any reference to ''tare," as the law very
clearly does not, the provision that 1.-The
purchaser shall account to the seller of
cotton in all instances for the actual
weight of the bale purchased or weig he'd"
means the actual weight of cotton in the
bale, without reference to the adoption of
any rate of "tare' for the covering in
which it may be packed.
L am, therefore, of the opinion that the |
purchase and sale of cotton, subject to |
said tare, IS not violation of said law.
very respectfully, w. f. HERMAN.
CLINTON, La, Sept. 26, 1889.
To Hon I. S. Adams, President State
Alliance: In answer to your inquiry in
regard to act of our legislature of 1883 be |
ing opposed to or prohibiting the late |
action of the several cotton exchanges in
regard to deducting weight of bagging, l |
simply give 1t as my opinion that the law
mentioned does not apply to the case. The
law applies to scaling or stealing, the
action of the exchanges to just and equit-
able tare. In justice all commercial pro-
ducts should be sold at their net weight.
1t seems to have been heretofore done in
almost everything but cotton Suppose |
press my cotton between pine planks two
inches thick and the plank weighs 200
pounds, must the purchaser pay for the
gross weight? or in cowhides or any heavy
covering, does the purchaser violate said
law by deducting the material in which it
is wrapped? We think not. Any one
who will read the law and reflect for mo-
ment must come, we think, to such con-
clusion Truly yours, D. J. WEDGE.
CLINTON, La, Sept 25. 1889.
Hon. T. S. Adams, President Farmers
Alliance, State of Louisiana: Dear Sir
In answer to your question: Whether the
buying cotton under the rule. adopted by
the different cotton exchanges, acting with
the presidents of several State alliances.
OF tare of 10 pounds for cotton wrapped
in cotton bagging, and "a pounds tare on
cotton wrapped in jute bagging, is viola
ton of act No 81 of the general assembly
Of Louisiana of the year 1888, would re-
ply by quoting art. 20 of the constitution
Of Louisiana:
Art. 29.-Eyery law enacted by the gen
eral assembly shall embrace but one OBJ
ect and that shall ha eynrassa5 in tho