Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-12-28
STOCKYARDS ACT
WILL Be TESTED
/. IN HIGH COURT
Its CohstitutionaIity Will Be
Attacked, Officers of the
Chicago Livestock Ex-
change State.
ESPECIAL DISPATCH TO MORNING JOURNAL

|
Chicago, Dec. 27.-Americal
business will be throttled by gov
ernmental control unless there Il
an end to legislation that is "con
trary to the aims of the constitu'
ton"
This was the statement OF Of
ficers Of the Chicago Livestock
exchange in announcing that the
U. S. supreme court will be called
upon to decide the constitutionali'
ty of the packers and stock yard;
act.
Decision to carry the case to the
highest court followed denial by
the federal court of an interlocu-
tary petition for a permanent in
junction restraining the secretary
of agriculture from enforcing the
act.
1.-THE act" says the announce.
ment of the Livestock exchange
lis a revolutionary departure from
the policies Of our government as
defined by the constitution and by
the supreme court. 1t would ulti-
mately affect every competitive
business in the United States and
render all business men liable to
federal or state supervision and
control"
The act gives the secretary OF
agriculture 1.-THE most extensive
power over private business ever
granted to a public official in times
of peace" The livestock commits
sion men object to the law on the
grounds:
"That it incorrectly defines the
nature OF their business. because
it classifies them as a public util!-
ty, whereas 1t Is their contention
that they are pursuing a private
individual business at a public
market, and are therefore not sub
ject to federal control.
"That the protection afforded to
the rights and business interest Of
livestock producers and shippers
are not adequately preserved ly
the law, as 1t will impair, II not
destroy. the efficiency OF the corn
mercial associations of livest took
commission merchants, called live
stock exchanges; and that in the
administration of the law livestock
producers and shippers and COM
mission men are liable to be SUBJ
jected to irreparable injury.
'That the law Is framed and will
be carried out with the intention
Of establishing a system of mar
keting entirely different from, and
revolutionary of, the present sys-
tenn, which Is founded upon the
competition of individuals; and
the ultimate effect of the law will
be to destroy this competitive sys-
tenn and create a monopoly-in the
form of a selling agency, which
will deprive the producer of the
advantages of competition in the
selling processes of livestock ana
subject the producer and shipper
of livestock to irreparable injury.
I'm support of these propositions
livestock commission men affirm
that their legal status has been
well defined by the United States
supreme court (Hopkins VS.. united
States. III U. s. 57S) which has
explicitly stated that the livestock
commission merchant liz engaged
in a private business. The buying
and selling of livestock at a public
market by a commission merchant
is not, in the opinion of the United
States Supreme court, subject to
federal control. The same court
has also held that the organization
and operation of livestock ex-
changes Is legitimate and worthy
incident of the business.
Therefore, livestock commission
merchants feel justified in testing
the validity of the packers and
stock yards act. which attempts to
radically and entirely change their
status from a private to a public
business.
"The livestock commission men
are opposed to the operation OF
the law because It will DESTROY the
.disciplinatory power of livestock
exchanges and substitute an imper-
feet, inadequate and a most ex-
pensive method of supervision over
livestock commission men and
other buying and selling agencies
upon the market; which will prove
most seriously injurious to produce
ers and shippers of livestock. IT
Is framed and will be carried ont
with the intention of DESTROYING
competition Of individuals, and will
create a monopoYy selling agency,
which will deprive the producer of
the advantage of competition in
the selling processes of livestock,
1.-THE enthusiastic supporters
and advocates of the packer and
stock yards act declare, that it is
their intention to eliminate the
'middleman' and thereby reduce
the cost of marketing livestock and
put the finished product In the
hands of the consumer at a lower
cost to him, and at the same time
increase the profits of the produce
err. Let us call attention to the
fact that livestock commission
merchants are not 'niddlemen
nor do their functions represent in
any respect those of a middle
man.
'Tn brief, the commission men
are testing the constitutionafitv of
the act because without justifiable
cause 1t attempts to change the ma
ture OF their business from a pri-
waite occupation to a public utility.
without Justifiable cause IL in
flicts heavy and burdensome ex-
pense upon the taxpayer and upon
the producer and shipper of live
stock.
without justifiable cause tt at
tempts to evolutionize a market
ing system which has been the eco
nomic development of over fifty
years and has had no concrete cri-
ticism directed against IT,"
Mickey Walker is out with
challenge to Jack Britton 20 ~.