Le MeschaceÌbeÌ. [volume] ([Lucy] La.) 1853-1942, 1918-08-24
PLANTERS Refused TO
DESTROY COTTON CROP
Farmers Jailed for Not Heedfng De-
cree for Destruction Of Crop Plant
ed In Violation of the Law.

Houston, Tex. c. Albritton and
son, w A Albritton, cotton farmers
living near Webster In Harris county,
we're adjudged in contempt Of court
Thursday by Judge Ashe of the elev-
enth district court for their failure to
destroy their crops planted in viola
ton of the governors pink boil worm
proclamation and the defendants were
given into the custody of the sheriff
to remain without benefit of bail until
they shall absolve themselves from
the charge. Recently Judge Ashe
granted a prayer for an injunction
restraining the defendants from cul-
tivating and harvesting a crop Of cot
ton Il the nOncotton zone in violation
of the governors proclamation, thus
upholding the legality of the new
state law. The injunction carried with
it the order that the defendants des-
troy the crop of cotton in question
within a reasonable time, which they
failed to do. Judge Ashes court ask
ed that the defendants be cited to ap-
pear in court and show cause why
they should not be held in contempt of
court for failure to destroy the crop.
The defendants appeared Thursday
and in their answer claimed in that
one-fourth of the crop in question be-
longed to other parties (owners of the
land) they could not legally be forced
to destroy the cotton. They claimed
that if it is illegal to require them to
destroy the crop, as they would be
destroying property of another who
might hold them accountable for its
value, they could not be held in con-
tempt. They also alleged in their an
swer that S. s. Scholl, state entomo-
logist, and w. w. Evans, federal pink
boil worm expert, had been in their
crop of cotton since the decree was
issued and found no worms.
Mr.. Scholl was the only witness
heard and he acknowledged that he
had visited the crop in question re-
Gently and had walked out into the
field, but disclaimed that he spent any
time looking for worms. He said he
was in the field only a few minutes.
Judge Ashe then issued the follow
ing decree:
"On this, the 18th day of August,
1918, came to be heard the motion of
the state of Texas, filed in the above
cause on August 8, 1918, directed
against the defendants, J. C. AIbritton
and W. A. Albritton, to show cause, if
any, why they should not be adiudged
guilty of contempt for violating the
injunction issued in this cause on July
%, 1918, commanding them, and each
of them, to destroy certain cotton and
cotton plants growing upon certain
premises described in said Injunction,
and said J. c. Albritton and W. A. Al
brftton, having had due notice of said
motion requiring them to show cause,
If any, why they should not be adjud
ged guilty of contempt, and having on
this date appeared in this cause and
filed their answer, and the court after
considering the answer of said ]. G.
Albritton and w. A. Albritton, and
hearing the evidence introduced in
support of said answer, is of the opin-
ion that the said answer is insufficient
and shows no cause why the said ]. C.
Albritton and w. A. Albritton should
not be adjudged guilty of contempt,
and the court, being of the opinion that
they have willfully violated the order
of this court entered on July %, 1918,
1t is therefore the order of this court
that the said ]. c. Albritton and W. A
Albritton and each of them, be COM
mitted to the county Jail of Harris
County, Texas, without bail until they,
and each of them, purge themselves of
such contempt in such manner and
form as may be directed by this
court"
Another step has been taken in the
contest over the validity of the act of
the last legislature providing for the
eradication of the pink boil worm in
this state. Friday habeas corpus ap-
peals were made to the court of Grim |
inal appeals by W. A. and ]. c. Albrit- |
ton, who were defendants in the |
states case in Houston. The pleas |
were granted and bail allowed each in
the sum of $500, returnable October 8.