Evening star., 1935-12-09

(COnGlnueQ tTOm FuSC FdSc)
the flow of benefit payments to the
farmers and, of greater longtime
significance, Tor some delineation OF
the scope of the Governments powers.
Many political leaders are awaiting
the decision with keen anxiety, for
they believe it may determine the tide
of the 1885 presidential election.
Ruling Due Next Month.
Although arguments will be COM
pleted some time tomorrow, a ruling
is not expected before the middle Of
January,
Lawyers for the Government and
the Hoosac Mills Corp. Of Massa-
chusettS, which filed the suit at
tacking the law, completed their final
preparations for the momentous battle
last night.
Their briefs, already fled with the
nine justices who unanimously struck
down N r. A, have raised not only
the question of the validity of process
ing taxes-life- blood of the A. A. A
but also of Congress latitude in legis-
lating for the Nations general well
fare"
The welfare" power, never defined
by the high tribunal, has recently be-
come the constitutional peg on which
many New Deal laws are being de-
Tended Its scope has been debated
since the days of Alexander Hamilton
and James Madison, whose widely
conflicting views have been cited.
Pepper to Lead Assault.
George. Wharton Pepper, former
Republican Senator from Pennsyl-
vania, will lead the assault on the
legislation, contending among other
things that it is an invalid delegation
of power and does not directly affect
interstate commerce. Those were the
reasons the court gave for overturn-
ing N. R. A.
Another farm-relief act-the Bank.
head law for control of cotton pro-
duction-will be argued as soon as the
pros and cons Of A. A. A. are debated
That probably will be late tomorrow
as each side expects to talk two houri
on A. A, A.
! Arguments will be heard December
16 on the petition Of Louisiana rict
millers for a permanent injunction
against collection of processing take!
under A. A. A., as amended. A TEN.
porary injunction was granted by tht
Supreme Court pending the hearing
The rice uillers filed brief today
contending that II the legislation il
upheld State lines will be important
only for the purpose Of permitting thu
use Of vari-colored maps in geogra'
phies." They also contended thu
amendments to the act, instead o.
| curing its constitutional defects, have
simply emphasized them"
T. v. A. Act Up December 10.
Three days later, the Tennessee
Valley act will be attacked and de-
Tended before the court. The re-
naming New Deal case before the
| justices, involving the right Of the
Government to condemn land for q
slum-clearance project, will be argued
early next year.
While expressing confidence that
the farm act. will be upheld admin
istration leaders say they are ready
for any eventualitieS flowing from the
courts final ruling.
President Roosevelt has hailed the
principles of A. A. A. as a permanent
program and Secretary of Agriculture
Wallace has asserted acceptable sub
stitutes will be ready if any or all Of
the props under A. A. A. are knocked
out
A general sales tax and higher in
come taxes have been mentioned by
Wallace as possible alternatives tc
processing taxes to raise money for
paying farmers to curtail acreage
planted to basic agricultural com.
moditieS.
Senator McNary, the Republican
leader, has announced that he will
offer on the opening day of Congress
a bill providing for the optional ap-
plication of either the equalization fee
export debenture or domestic allot-
ment plan.
Although the Hoosac case has to dc
directly with the validity Of process
ing taxes, the entire act is at stake
The decision of the Court of Appeals
was sweeping.
The case originated in the refusal oi
receivers Of the Hoosac Mills to pay
$8l ,694 In processing and floor stocks
taxes on cotton. The Federal District
Court for Massachusetts upheld the
tax.
! The Hoosac Mills case involves