The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-06
SAYS DONNELRY ACT
is NOW INVALIDATED
Senator Downing Asserts Far
mers' Amendment Upsets
Entire Antitrust Statute.
URGES PROMPT REPEAL
Charges That Honest Dairy
men Have Been Driven Out
Of Business Through 1t.
specfa, Despdtch 10 TIE Sun.

Bp6cfdI Despdfch 70 THn buN.
ALBANr, April 5.-Senator Downing.
Democrat. OF Manhattan, said tonight
that the law passed by the 1918 Republi-
can Legislature exempting farmers from
the operation Of the Donnelly antitrust
act makes the entire statute unconstitu-
tional, according to United States su-
preme Court rulings
Therefore" Senator Downing SAID
this exemptive clause should be re-
pealed at once. Since its enactment
some of those who feared the rigors of
the law have become emboldened and
honest farmers like Charles Macarthur
of Duchess county have been driven out
of the dairy business, obliged to sell
their herds and to suffer heavy financial
loss because they would not pay what
they considered unlawful tribute to
combination of dairymen."
The amendment to the Donnelly act
authorizes such organizations as the
Dairymen's League, but permits only
farmers or agriculturists to enter Into
combinations.
1.-THE law passed in 1918 amending
section $40 of the business corporation
or so-called Donnelly antitrust act Is
moro far reaching, perniclous and de-
structive than its most ardent sponsors
and advocates dreamed 1t was" Senator
Bowling added.
1T sought to grant immunity to dairy
men and other agriculturists and pro-
v!ded that contracts made by them. or
any combination to which they were
parties. should not be considered vio-
lation of the law. and further that they
should be free from liability hereunder
or prosecution therefor.
"Those who sponsored this bill did not
consider the Fourteenth Amendment TO
the United States Constitution. which
anrcng other things provides:
"'No State SHALL deny to any person
within its Jurisdiction the equal protec-
ton Of the laws Neither did they con-
slider numerous cases in which the United
States Supreme Court his upheld this
and declared unconstitutional the laws
enacted by different States where class
legislation was attempted.
I'm the leading case of Connolly versus
The Union Sewer Pipe Company, decided
in 1902, the court passed upon the I'LL
nois antitrust act. which contained a
provision that the provisions Of this act
shall not apply to agricultural products
of live stock while In the hands of the
producer or raiser
1.-THE constitutionality OF the act was
questioned, the contention being made
that 1t was repugnant TO the Fourteenth
Amendment to the United States Consti-
tutlon. The court by Justice Harlan,
said:
1.-The Constitution OF the United
States Is the supreme law of the land.
To it statutes must yield. Rights
granted or secured by TIE Constitution
cannot be impaired or destroyed by State
enactments. II by their operation its
regulation amounts to denial to per-
sons within it's jurisdiction of the equal
protection of the laws they must be
deemed unconstitutional and void.
Getting Gibbons versus Ogden, .
Wheatley: mo person or class of per-
sons shall be denied the same protection
OF the laws which is enjoyed by other
persons or other classes In the same
place and in like circumstances