Evening star., 1934-01-31
AA.A. WILL APPEAL
FLORIDA DECISION
Federal Judges Ruling Would
Upset U. S: Activities
Under Farm Act.

Counsel for the Agricultural Adjust
ment Administration today prepared to
appeal a decision handed down yester-
Gay in Tampa, Fla, by United States
District Judge Alexander Akerman,
holding the adjustment act unconstitu-
tional.
Judge Akerman made his ruding oral
" in a suit for injunction brought by
citrus growers and shippers against en-
forcement of the Florida citrus market
ing agreement. The suit was brought
against the State Citrus Control Com
mittee and Secretary Wallace and the
court ruling halts jurisdiction Of the
committee in the sale and distribution
OF citrus fruits
Jerome N. Frank. general counsel for
the A. A. A.. declined to comment until
after he has studied the decision.
Members of Franks staff expressed
themselves as anxious to take the qucS-
tion of conStitutionality to the Supreme
Court.
The action of Judge Akerman was
regarded here as of no immediate i'm
pOrtance in the work Of the adminiStra-
tion and officials held that its effect
could only be determined by the higher
courts.
Officials here also pointed out that
the Governments motion to dismiss the
suit against Secretary Wallace on the
grounds of no jurisdiction" was made
under the principle that the secretary
could not be served outside of the Dis
trict of Columbia. In effect. the re-
quest constituted a petition for change
of venue from Florida to Washington
Judge Akerman granted the dismissal
motion. but ruled against the State Cit
rus Control Committee
Milk Suit Transferred.
similar suit brought in connection
with the Chicago milk marketing agree
ment was withdrawn from United
States Court in Illinois and transferred
to the Supreme Court of the District of
Columbia where it is now pending.
Meanwhile Secretary Wallace pre-
pared to broaden the activities of the
A. A. A. through the inclusion of cattle
as one of the basic commodities.
The House Agriculture Committee
yesterday approved a bill to include
cattle and to appropriate 100000 for
benefits to cattle and dairy men.
Secretary Wallace assured interested
producers that no program will be
worked out without their cooperation.
but Chairman Marvin Jones informed
him that most of the cattle interests
of the country are back of the bill.
The cattlemen are opposed to an i'm
mediate processing tax.
Wisely or unWiSely." Judge Aker-
man said in his decision. the trainers
of the Constitution left whatever regu
lation of agriculture there was to be
in the hands of the States. l am not
unmindful that conditions have changed.
If the Constitution is ineffective or too
archaic in Gods name let's change it.
but let's do it by the method prescribed
or even by revolution, but not by in
sidious encroachment."
He said the Department of Agricul-
ture may be a good thing-"I don't
know"-that it started out to aid the
farmer with his work by advising of
soils and crops then went farther and
farther until it began to do some
mdicrous things" Even to instruct
ing the farmers wife how to fold
diaper
Now he continued, it has spread
Until the Secretary of Agriculture has
an army of men greater than had
George Washington and more power
than had Caesar and NapoleOn-all
without authority of the Constitution"
Where we are going l don't know
The ship of state is steering down a
very narrow channel
Won't Yield to CIamor.
Asserting that the triple form of
C;overnment-the executive, the judi
cial and the administrative branches
seems to be gone Judge Akerman
declared that ''as long as l am on
the bench 1 won't yield to popular
elamor and threats"
Francis P. Whitehair, attorney for
the State Control Committee, and one
of its members. asked the Judge if use
OF the word threats" meant that any
OF the defendants in the case had
threatened the court in any way.
Yes" replied the Judge, IF some
of the statements 1 have read in the
press are correct
Without cowardice 1 cannot refrain
from passing on the validity OF the
act" the court said. If 1 am wrong.
two departments in Washington are re-
sponsible, not the attorney for the
board here"
The act" he said, undoubtedly was
passed at the request of the Department
Of Agriculture and undoubtedly was ap
proved by the Attorney General. Con-
eress used to pass its own bills. but
not any more If the act is valid, the
departments should come here and
say 50"
WEST NOT AFFECTED.
LNc ANGEL EC Januarv a fPl The