Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-02
ACT
/ IS UPHELD BY
SUI RENE COURT
Law Passed by Farm
Bloc Is Constitutional,
Opinion Holds.
Yards Considered Ma
tional Public Utilities
to Promote Commerce

Washington, May 1.-THE
packer and stockyard regula
tion act of 1921, which was put
through congress largely
through the efforts of the ag
ricultural bloc, was held con.
stitutional Monday by the su.
preme court.
Declaring the stockyards
"are not place of rest, or final
destination, but a throat
through which the current
flows and the transactions
which occur therein are only
incident to this current from
the west to the east, and from
one state to another" The
court described the livestock
business conducted in the
yards as interstate in charac-
ter.
Congress, in the act, treats the vari-
Gus stockyards of the country as great
national public utilities to promote the
flow of commerce." Chief Justice Taft
stated in delivering the opinion of the
court, 'and assumed that they con-
duct business affected by public
use of national character and subject
to national regulations. That it is a
business within the power Of regula-
tion by legislative action, needs no dis
cussion."
Challenged by Commission Men
The law was challenged by certain
commission merchants and dealers in
the Chicago stockyards, who brought
separate suits in an effort to restrain
the secretary of agriculture from en-
forcing the law. The issue raised, aside
from the constitutional question, was
the business done in the stock
yards between the receipt of the live
stock and its shipment, was a part of
interstate commerce. The court answer
ed that that question was one disposed
Of IN the Swift case, saying ''the judg-
nent IN that case gives clear and
exposition which leaves
TO US in this case little, but the OBJ
vious application of the principles
there declared" The court added that
those principles have become a fixed
rule of this court in the construction
and application of the commerce
,lause," of the constitution.
Chief Justice Taft said it was mani
est that congress framed the packers
and stockyard act in keeping with the
Swift decision and that what congress
had in mind primarily was to prevent
such conspiracies by supervision of the
agencies which would be likely to be
employed in it,"
There is no question now of the
authority of congress to punish CON
'piracies or restraint of trade in the
'tockyards under the Sherman anti
rust law. he continued, and Certainly
I may provide regulations to prevent
heir formation
For Congress to Decide
The opinion reviewed at length the
requent court proceedings involving
transactions at the Chicago stockyards
galnst the packers and announced that
amounts to more or less constant
'ractice and the tendency to obstruct
r unduly prevent the freedom of inter-
tate commerce is within the regulatory
'Ower of congress under the commerce
lause."
1T Is primarily for congress to
onsider and decide the fact of the
anger and meet it," he continued. |
This court will certainly not substi- |
ute its judgment for that Of congress
q such a matter unless the relation of |
ne subject to interstate commerce and |
Is effect upon it are clearly nom
xistent"
Explaining that the commission mer-
nants at the stockyards sell on COM
lission or brokerage, livestock con-
lgned to them, Chief Justice Taft dis
lissed as without foundation their con-
ention that they are not engaged in
lterstate commerce.