The Delta independent., 1922-03-10

Dear Mr., Allewelt:
Mr.. D. w. Golightly has Just refer
\ red to me yours of the 23rd Of Novem-
ber, 1921, wherein you advise him
that If money is not sent Immediately
| for certain inspections made by your
subordinates, you would proceed un-
der the civil and criminal provisions
of this act.
| You are probably already we'll
aware that there seems to be sharp
division of opinion among the farm
ers as to the legality of the law under
which you are acting. For your in
formation. the writer attended a
meeting Of farmers quite number of
months ago held at Delta, and there
| advised these people that this law
was unconstitutional. I was retained
by the assemblage to test the law.
made every effort both with your de-
partment and with the attorney gen.
erals ofiice to try out this question
on a stipulation of facts SO that the
sole question of the constitutionality
of the law could be settled and pass
ed upon, because II the law was legal,
I was sure that no farmer in this or
the Delta community would in any
way obstruct the action of any in
spector or cause him any inconven-
fence in the matter of inspecting
these potatoes. In order to make
sure that the writer's opinion was
right. the writer took the matter up
with the Honorable William H. Cab
bert. for 30 years Judge of the Su-
preme Court and who rendered more
decisions in our Supreme Court than
any other Judge who has sat on the
Supreme Bench, and whose ability
particularly lay in deciding constitu-
tional questions. and Judge Gabbert
in a lengthy opinion held this law un-
constitutional.
Failing to have the question deter
mined by the attorney generals Of
fice. and even failing to have the CO.
operation OF that ofiice or of your de-
partment. In order to decide the Ques-
tion an information Al our suggestion
was filed against Messrs. Herbert
Chase and W. E. Mangus. charging
them with the violation Of this law.
A motion was made to quash this in
formation by the writer acting as at
case, on the ground that the law un-
der which the indictment was drawn
was unconstitutional. Judge Black
has decided with us in that case.
Can't we take that case or some other
case up to the Supreme Court on
stipulation Of facts and have the con-
stitutionality Of this law lecided. II
could be determined In less than two
months. I Just had the question OF
the tax law up before the Supreme
Court and got a decision that q GER
tain tax law was unconstitutional, In
less than month after the case was
submitted to the Supreme Court. All
want to do and all these afrmers
want to do is to know whether or not
you are acting under a void or a valid
law. Whenever they are satisfied
that the law is valid. which will be by
Supreme Court decision. your trou-
bles will fade as the mist. but until
that question is decided, you and
your officials are going to have a lot
OF trouble here. which will continue
to be aggravated until matter Is fnal-
ly settled. II there is no other way
out. ] suggest that you Immediately
and without any further delay bring
suit against Mr.. Golightly For the
purpose Of the argument. we will ad.
NIT that he has violated the law. He
will raise the question OF It's consti-
expendition In getting the case in the
Supreme Court. What do you say as
to an agreement Of this kind in order
to get this troublesome question out
Of the way?"
Received the following answer
from you:
Dear Sir:
Your letter Of January 9th has Just
been received and will be referred to
the executive committee OF the state
board OF agriculture at their next
meeting"
Your state board OF agriculture
has not yet decided to collect this
money from these gentlemen. Conse-
quently. you refuse to assert your
claim for liability against them in the
face OF the fact that wherever you
can find farmer easy enough, you
collect the fee from him.
was very fortunate in meeting the
president Of the state board OF agri-
culture in the Brown Palace hotel the
other night. Mr.. Director. and urged
upon him the necessity OF stipulating
on facts authorizing the legality OF
the above named law to be tested, or
Of starting suit which would raise
the constitutionality OF the question.
Harvey Parker is an honest straight
forward man. He said to me. I'VE
don't want to do this and we won't do
II. We are going to enforce this law
as long as we can" Why didn't you