The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-06-11

has handed down an order affirming
the Judgment Of the magistrate in the
cotton tare case, brought to test the
cOnstitutionality of the Cotton Tare
Act of 1910. Messrs. Lyles and Lyles,
attorneys for w. G. Mullins, who was
charged with violation Of the Act,
state that they will appeal the case
to the Supreme Court.
The Cotton Tare Act provides that
6 per cent. Of the weight shall be
deducted for tare. Heretofore the
amount was twenty pounds, as is the
case in other States.
The appeal from the magistrate
was upon two points:
1. That the Act of the Legislature
deprived the defendant of the equal
protection Of the laws.
2. That the Act of the Legislature
deprives the defendant of his liberty
and property without due process of
law
Judge Devore says as to the first
point:
1T is we'll settled that the Legisla-
ture has a right to make different
classes, and so long as all members
of the same class are treated alike,
If the classification be reasonable, the
Courts will not declare such legisla-
ton unconstitutional" Citing a case,
Judge DeVore concludes: THAT de-
fendant, being engaged in the busi-
ness of buying cotton, comes within
the classification made by the Legis,
lature, and, in my opinion, is not de-
prived Of the equal protection of the
laws"
On the second point Judge DeVore
says that the test seems to be whether
the regulations of the Legislature are
reasonable. eff they are unreason-
able," he says, then such legisla-
ton is unconstitutional; if they are
reasonable, then, in the exercise of
It's police power, the Legislature has
the right to enact the law. In the
absence Of a statute on the subject,
the reasOnableness of a contract is
question for the judiciary, but if
there is legislation on the subject, and
the Legislature had the power to pass
such law, then the statute controls"
Citing several cases, Judge DeVore
concludes:
THE cotton buyers and cotton SELL
ers differ as to the amount of bagging
and ties that should be placed on a
bale of cotton. The Legislature in
tervened and established a scale of
cotton tare, and, so far as 1 am able
to judge, the legislation is reason
able.
Cotton is one Of the chief products
of this State. There are a great many
persons and a great deal of property
and number Of organizations engag-
ed in the cotton business.
What the tare in this State. what
1t is in Liverpool or what it is in New
York, are not matters for this Court
to consider. This Court will presume
that the Legislature took into con-
sideration the conditions controlling
the marketing Of cotton and enacted
the proper law regarding the tare.
But this is not a new question in this
State. A law fixing tare on cotton
seems to have been enacted as far
back as 1916.
Cotton buyers have a great manv
customers, many Of whom are ignor-
ant, and I can readily see how such
legislation as this may be both wise
and beneficial"
The Judgment Of the magistrate is,
therefore, affirmed by Judge DeVore.
w. G. Mullins, a cotton buyer of
this city, was arrested a few weeks
ago for violation of the Act, and the
case was test case to determine the
constitutionality of the Act. 1t is
stated that $1,SOO,OO is involved in
the Act. 1t will be carried to the Su-
preme Court. The State Farmers
Union is interested, and all dealers
IN cotton are watching the proceed
ings with great interest