The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1914-06-24
And imperative BY SUI
preme Court.
KENTUCKY STATUTE IS VAGUE
SaySthe Court. and the Gre
= celius Act ThereforeSuf'
fers Accordingly.
HARD BLOW TO POOLING PLAN

Washington, June 22.-The Ken
lucky statute making it legal for
farmers to pool their tobacco was to-
day annulled as unconstitutional by
the Supreme Court
The Court held that the convic-
ton of Patrick Collins, a farmer Of
Mason county KY, for selling his
tobacco to ,an outsider after agreeing
to pool with the Burley Tobacco So
ciety. tobacco growers organiza-
ton, was invalid. Collins had been
fined $3.50.
The conviction of Thomas Malone,
another Kentucky tobacco grower,
also was set aside.
In substance. the Court found that
as a result of the passage of the to-
bacco pooling act the Kentucky
State Courts held that the trust law
of the State was that any combina-
ton was legal that did not enhance
or depress prices above or below real
value
The Court held it was beyond hui
man ingenuity to determine what
was the real value of an article
under imaginary conditions.
This action on the part of the
Supreme Court was expected follow
ing the decision two weeks ago in
the international Harvester Com
pany.
When the Harvester case was, ar
gued Judge Humphrey held that the
Kentucky statutes as to trusts, and
that as to tobacco pools, were con-
Trajectory, and the view seems to
have been sustained by the Court.
The opinion of Justice Hughes
followed the same lines as the opin-
ion in the Harvester trust case. 1t
held that statute was vague and I'M
certain; that it prescribed no stand
ard by which man could judge as
to whether the price fixed was reas-
enable, leaving the public in doubt
as to exact provisions of the meas
ure. On account of its vagueness,
he said 1T was Fundamentally defec-
tive" and would fail for that reason
alone, and it would not be necessary
to go into the alleged conflict with
the Federal antitrust laws.
"\.s
The opinion outlined in the pre-
ceding dispatch is one that has been
expected from the Supreme Court by
lawyers of this State and lawyers
about Washington. 1t annuls the
Crecelius pooling law passed by the
Legislature of Kentucky. Since the
decision of the highest court of the
land recently, in the prosecution
against the International Harvester
Company. which was fined for violat-
ing the Kentucky antitrust law in a
suit brought in this State, reversing
the Kentucky Courts and declaring
the antitrust law of this State, ,un-
constitutional, lawyers and judges
have been at variance as to what
would be the effect of that decision
on the pooling law.
The decision was regarded by
tobacco men, both growers and buy
ers, as one of great importance to
them. While II has been practically
granted that the decision would
come as il did, those interested in
the pooling organizations OF the
State have hoped that different
construction would be placed upon
the Crecelius law. The decision yir-
tually kills the authority of the to-
bacco organizations over their men,
bers. II is agreed that 1t AFFORDS a
great advantage to the loose leaf to-
bacco houses and will make 1t easier
for them to establish their mode of
tobacco selling as the leading one.