The Birmingham age-herald., 1923-11-26
Refusal To Allow Secretary Of Agriculture To Examine Books Will Throw Law Into Courts For Its Decision
WILL BE BOUNCED BACK
 AND FORTH LONG TIME
Senator Norris Threatens To Draw New Law Which Will Again Give Trade CommiS-
 sion Jurisdiction Over Trusts
By THOMAS l.. STOKES Wire To The Age-Hcrald)


 WASHINGTON, Nov. 25.-The gov crnment's most recent tiff with the meat packers, which is expected soon to appear in the courts for a lengthy airing, Is likely to be drag ged into Congress during the next session
 There are many in Congress who were dissatisfied when the present law placing Jurisdiction of the pack CTS under the Secretary of Agricul- ture was enacted. They also com plained that the fteeth" were ex- tracted from the law when it was passed, so that an intellectual statute was the result.
 To Test Legality Of Law.
 The recent refusal of the packers, led by Swift & Co.,, and the Cudahy Packing company, to open their books. will carry the law into the cosrts and it's constitutionality will be brought finannly to the test. Sec retary Wallace says the packers and stock yards administration act gives him the power to examine the books and records of the packers. The packers say it does not.
 Once the question enters the courts, it will be bounced back and forth, perhaps for a long time. Wal lace is considering mandamus action to force the packers to open their books. The packers, in the. usual course of events, will ask an injunc- tion against the government, and the legal battle will begin. Meanwhile the law is in doubt.
 Senator Norris of Nebraska. chair man of the Senate agricultural com mittee, said that if the present law -proged of no value he would take steps to provide remedy.
 Norris seegbt enactment of the pres~nt la VI. 4e ca1ainpioIfec bft leaving control of the packers under the federal trade commission and providing other safeguards, which was defeated in the Senate only by three or four votes. He still favors control by the federal trade commis- sion.
 The federal trade commission Norris said, lis the only agency which can handle the packers with out gloves.
 Without reference to any particu- lar Secretary of Agriculture. the sec retary is political officer, ap- pointed by the party in power and cannot, therefore, handle the pack CTS as they should be handled.
 O O O
 Packers Preferred Present Law.
 "The federal trade commission has alr the machinery. It handled the packers before this law was passed and can handle them again. The law that was passed was the one the packers wanted--or rather the one they preferred. Of course, they didn't want any law"
 The federal trade commission met no difficulty in examining the records and books of the packers while it had Jurisdiction, except in one minor case, the question of ac- cess to some files of Swift X Co.,, in which the commission was partly sustained and partly denied in a court decision. The packers. with this one exception. did not question the , trade commissions authority.
 Recently. the power of the com mission to examine books and records has been questioned in sev- eFal cases, which are to be decided son on appeal to the supreme court