Evening star., 1935-12-01

tended the Hoosac Mills. would be
sto reduce our Government to a par
with continental States where the
executive functions as he pleases =" .
and summons an acquiescent legisla-
ture for solemn ratification of his
acts"
The brief argued that if the "colos-
sal system" of A. A. A. Is upheld,
eve may no longer have a govern
ment of the people, by the people, and
for the people, but a government by
O bureaucracy, for the benefit OF the
bureaucrats effected not by orderly
amendments to the Constitution. but
by legislative encroachment and ju-
dicial Interpretation"
Striking at the powers OF the Sec
retary of Agriculture, the Hoosac law
yers said he was mot limited to pay
ing and collecting" the taxes, but also
was given unlimited discretionary
powers in expending their proceeds" !"
Congress has abdicated its func-
ton of making laws for the people
It represents" the brief added.
It then quoted President Roosevelt
as asserting recently that 'this agri-
culture program is part OF the per-
Ynanent policy" Of his administration.
This, it said, proved the A. A. A. was
not justified as emergency legisla-
ton.
Acceptance Imperative.
It said farmers "were driven to
accept the program" because they
will suffer In competition II they do
not"
Reduced to the lowest terms" the
Hoosac brief continued, "the A. A. A.
contended that the Government may
come TO the relief Of the farmer by
purchasing from HIM with public
money an agreement to limit his pro-
duction and to subject himself to an
elaborate system Of Federal control" :"
It contended the act attempted to
do indirectly by purchase" that
which Congress could not do directly
by penalties"
There has been considerable spec
ulation among attorneys whether the
court will pass on the amended act
In deciding the Hoosac case, since
the record in the lower court was
based on the original legislation.
The Governments brief, filed sew
eral days ago, however, contended the
original act was valid, but that should
it be held otherwise, Congress had
ratified" It's purpose with the
amendments.
The action Of the milling company
IN CHALLENGING the amendments yes
terday was believed by some to In
crease the probability that the jus
tces will take both original and
amended laws into consideration.
On that phase Of the case. the
Farm Bureaus brief contended the
issue Of delegation Of legislative pow.
er, one Of the grounds on which the
Boston Circuit Court ruled the taxes
invalid, has become immaterial be-
cause Of the action Of Congress In
ratifying the action Of the Treasury
In collecting processing taxes"
The Farm Bureau contended Con-
gress previously had ratified earlier
actions of the President and Sec
retary Of the Treasury through the
emergency banking act and the
Thomas amendment.
Same School Of Thought.
Hoosac lawyers charged the A. A.
A. was part and parcel" Of the
same school Of thought" that "at-
tempted to impose the Federal viii
upon all business through N. r. A."
This school, the brief contended.
used A. A. A. Gin an insidious effort
TO transform Congress from
Federal legislature Of limited powers
into q national parliament
without restraint except self-re-
straint."
Asserting the act invaded the field
OF State power, the brief said no ar
sument could change the plain fact
that the farmer plants and harvests
his crop and the manufacturer