The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1910-05-14
THE COTTON TARE ACT
SUPREME COURT TO DECIDE 1T
AT EARLY DATE.
A Decision That Will Be Of Great
Interest to the Farmers of the
State.

Interest to the Farmers of the
State.
The State Supreme Court has been
asked to pass upon the constitution
ality of the Cotton Tare Act, which
was enacted at the last session of the
Legislature. A warrant has baen
sworn out against w. G. Mullins, a
cotton buyer of Columbia charging
him with violation Of the Act. 1t
is thought that this is purely a test
case. The suit is Of vital Importance
to all cotton farmers. The act is
as follows.
i Section /. That from and after
the approval of this Act it shall be
unlawful for any person, firm or
corporation engaged in the business
of buying cotton in this State as
principal or agent to deduct any sum
for bagging and ties for the weight
or price Of any bale of cotton when
the weight of the bagging and ties
does not exceed = per cent. OF the
gross weight of such bale of cotton.
In the event that the weight of the
bagging and tets exceeds sixty per
cent of the gross weight of such bales
of cotton only the excess over the
said per cent may be deducted.
Section 2. For each and every
violation of this Act the offender
shall be guilty of a misdemeanor and
shall be fined in the sum of not less
than S5 nor more than $25, or i'm
prisonment not less than ten days
nor more than thirty days. ProVid-
ed, this Act shall not apply to what
in trade is known as round bales
and bales of cotton which weigh less
than 800 pounds" The act was ap-
proved on February 25, of this year.
1T is claimed that $1,SOO,OOO is
the amount involved in the test case
that will be brought before the Su-
preme Court Monday on habeas corr
pus proceedings, in connection with
the alleged violation of the Cotton
Tare Act, which makes this case as
sumo tremendous proportions in this
State. Heretofore the amount of
tare allowed on cotton was 20 pounds
to the bale. But under the enact
ment of 1910 the per cent that
would be allowed, if the Act is de-
clared constitutional, would mean 80
pounds to each 500-pound bale, a
difference of 10 pounds to the bale.
! The Columbia correspondent OF
The News and Courier wants to know
who will pay this difference? Why
the farmers have been charged tare
all the time. A tare of six pounds
per hundred on all American cot
ton is deducted in Liverpool when
the price of our cotton is fixed, and
of course the farmer loses this. Now
if a buyer in Columbia knocks off
ten more pounds for tare the farmer
is being robbed of just ten pounds
of cotton, as the six pounds tare on
each hundred pounds of his cotton
has already been deducted when the
price is fixed in Liverpool, where the
price of our cotton is always fixed.
that being the market in which WI
sell the surplus of our cotton crop.
yThis is an old question, and il
should be familiar to all farmers
and cotton buyers. Should a farm
er put as much as $50 pounds lint
cotton in a bale and put on that
bale only 20 pound of bagging and
ties he is giving away ten pounds Of
lint cotton, as he is credited by the
Liverpool fxers of the price of our
cotton with only 470 pounds of lint
cotton in all bales weighing 500
pounds. The farmer is not paid for
the bagging and ties, as many sup
pose. For every hundred pounds
of cotton he sells six pounds is de-
Quoted to pay for the bagging and
ties he puts on it.
On what ground any buyer should
deduct ten pounds of cotton from a
bale of five hundred pounds or any
other weight bale is mystery to
us. 1t would be clean steal OF
Just that much cotton from the farm
er. unless there is defect in the
hacking of the bale in some way.
The farmer who puts more than 40
pounds of cotton in 500 pound bale
is simply giving away the excess he
puts in over that amount. The bag
ging and ties should make up the
thirty pounds needed to make the
bale weigh 500 pounds
We are satisfied that the su-
preme court will uphold the act
as it simply protects the farmer in
his Just rights. The ten cent tare
that is involved in this decision
amounts to over a million dollars,
and we know of no reason why the
farmers should be buncoed out OF
it. 1t is understood that the test
case is brought by large Columbia
firm of cotton dealers, NJ. G.. Heath
& Co., and w. G. Mullins has been
arrested on warrant sworn out
charging him with violating the
Tare Act. The case will come up
Monday in the Supreme Court.
Towns in Great Luck.