Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-05-02
ST0CKYARD and
PACKER ACT is
HELD VALID BY
SUPREME COURT
Regulatory Measure Passed
Largely Through the Ef-
forts of the Agricultural
Bloc Is Upheld.
OPINION DELIVERED BY
CHIEF JUSTICE TAFT
Live Stock Business Con-
Quoted in the Various
Yards Is Declared to Be
Interstate in Character.

Washington, March The
packer and stockyard regulation
act of 1921, which was put
through congress largely through
the efforts Of the agricultural bloc.
was held constitutional today hy
the supreme court.
Declaring the stockyards are
mot place of rest, or final desti-
nation, but throat through which
the current flows and the transac-
tons 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
various stockyards of the country
as great national public utilities to
promote the flow of commerce. i"
Chief Justice Taft stated in deliv-
ering the opinion OF the court
"and assumed that they conduct
q business affected by public u.s..
of national character and subject
to national regulations that it Is
a business wherein the power OF
regulation by legislative action
needs no discussion"
The law was challenged by GER
tain commission merchants and
dealers in the Chicago stockyards
who brought separate suits in an
effort to restrain the secretary OF
agriculture from enforcing the law.
The issue raised, aside from the
constitutional question. was wheth-
er the business done in the stock
yards between the receipt Of the
livestock, and its shipment is a
part OF interstate commerce. The
court answered that that ques-
tion was one disposed of in the
Swift case, saying THE Judgment
in that case gives a clear and com
prehensive exposition which leaves
to us in this case little but the OBJ
vious application of the principles
there declared" The court adde,I
that those principles "have become
II fixed rule Of this court in the
construction and application of tho
commerce clause Of the cousti-
tuition. a
Chief Justice Taft said ii was
manifest that congress framed the
packers and stockyard act in keep
ing with the Swift decision and
that what congress had in mind
primarily was to prevent such COR
spiracies 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 conspiracies or
restraint of trade in the stock
yards under the Sherman anti
trust law, he continued, and "cer-
tainly 1t may provide regulations
to prevent their formation"
1T is primarily for congress to
consider and decide the fact of the
danger and meet it." he said. This
court will certainly not substitute
its judgment for that Of congress in
such a matter unless the relation
of the subject to interstate COM
merce and it's effect upon it are
clearly non existent
Explaining that the commission
merchants at the stock yards sell
on commission or brokerage live
stock consigned to them, Chief
Justice Taft dismissed as without
foundation their contention that
they are not engaged In interstate
commerce. He stated that the
principle announced by the court
in the transportation act cases, in
which federal jurisdiction was up
held over state commerce where it
is so carried on as to work undue,
unreasonable advantage or prefer
enece in favor of persons or locali-
ties in state commerce, as against
those in interstate commerce, or an
undue, unjust or unreasonable dis
elimination against interstate COM
merce itself. indicated the extent
to which congress could assert
jurisdiction over state transactions
that affect interstate commerce
under its protection.
Congress has found as an evil
to be apprehended and TO be pre-
vented by the act herein questioned,
in the use and control of stock
yards and the commission men to
promote a packers monopoly of in
terstate commerce." said the chief
kCODtluueC on Pare Two