Arizona republican., 1922-05-07
contcoI Of the stoekyards

The opinion of the United States supreme court
last Monday sustaining the act for the regulation
Of the stockyards brought to an end the movement
for stocyard regulation which has been in progress
for many years. It instituted by the American
National Live Stock Association and was carried
on vigorously and necessarily by the marketing
committee of the association. At every convention
representatives antagonstic to the producers ap-
peared as well as at state and district conventions
of stockmen, in an effort to start a back-fire
But the fight went on under happier auspices
as the sentiment in congress grew favorable
to the producers resulting at last in the inclusion
Of the proposed regulatory legislation in the program
of the agricultural blocD The act had throughout
the earnest support United States Senator ]. B.
Kenrick of wyoming a former president of the
American National Live Stock Association; Senator
Kenyon of Iowa, and Secretary of Agriculture Wal
lace The fight the part of the marketing
mittee was mainly directed by Mr. Edward A Burke
and Messrs. H A. Jastro and Dwight B. Heard, the
last two former presidents of the American Ma
tional Live Stock Association.
The attack upon the stockyards management
was based on a theory that was conspiracy
control the marketing of live stock; that the par
ticipants in the conspiracy were the commission
at the varouN stockyards in cities where the pack
ing companies were established; that from
central point prices were directed regardless of
conditions which prices naturally determined
and that these prices governed all yards, varying
only by nicely adjusted freight differentias Compe-
ttion was absolutely eliminated.
AS soon as the law for the regulation of the
packing industry was passed and signed by the
President the packers, in a spirit of good sports
manshp, expressed their willingness comply with
the legislation and give the measure a fair trial
without handicapping it by litigation. Their action
has done much to bring about better relation be-
tween the producers and the packing industry.
On the other hand, unfortunately the live stock
commission through the national exchange
instituted suit to prevent the operation of the
act and that has ended in the decision CIV
ing to the producers the regulatory legislation for
which they have so long worked.
The was attacked by the commission on
two grounds: First, that it was unconstitutional in
that business proposed to be regulated was prl-
vate and local. and next on the ground that the
act proposed the improper use of the power of
congress to regulate commerce between the states.
The opinion held, though, that the stockyards
only channels through which the national
business flowed and that the yards as well as the
packing plants, to be considered public utili-
ties subject to control and regulation.
There also the trust feature of the case
and Chief Justice Taft in his opinion held that
inasmuch it within the power Of congress
legislation for the dissolution of trusts it
was within its power to enact legislation for the
prevention of the formation of conspiracies in re-
straint of trade between the states
The individual producers as well as the large
producers or organizations want to bring about
condition of mutual understanding between them
selves. the packers and the marketing agencies
they have insisted and they believe now, that
through this law, there will be an end of those
practices which have been unfair and dscrimina-
tory against the producer and which have been so
handicapping the live stock industry