, 1935-07-21

49,
troll Committees authority to control
citrus shipments, Federal Judge IT..
M. Kennerly Friday in an opinion
filed here and at Houston held that
provisions OF the AAA from which
the Control Committee drew its au-
thority were unconstitutional.
Relying en- the rule laid down by
the supreme court in u. S. VS..
Schechter, the famous 'Sick chick
en-" case in which code provisions OF
the NRA we're held unconstitutional,
Judge Kennerly denied Secretary Of
Agriculture Henry Wallace an in
junction which would force the Rio
Valley Fruit e. Vegetable company
Of Edinburg TO obey Control Com
mittee regulations.
Held Unconstitutional
Judge Kennerly held that the lie
enSing, allotment and processing tax
provisions Of the AAA were uncon-
Stttutional, maintaining that these
were an unconstitutional delegation
Of powers by the congress. This was
the same thumb-rule followed by the
Supreme Court in holding MIRA
codes unconstitutional in the ia
nous sick chicken" case.
This decision will set the pattern
IN a number CT similar suits the row.
eminent has pending here against
y. Ray Brown OF La Feria, The Don
Webb Company. the Sum-Pak ship
perS and w. Z. Baden, and also
clears up the suit IA Valley ship
perS brought In asking that the Con-
troll COMMITTEES be restrained by in
junction from interfering in any way
with their businesses. The plaintiffs
IN this case, still pending, are The
Rio Valley Fruit a. Vegetable COM
pany, U. Ray Brown. Truckers Fruit
company. Sum-Pak Shippers, Pharr
Produce company, Webb e. Heis-
ter, Don Webb company, Valley
Fruit company. Gulf Marketing COM
pany, Alamo Fruit g. Vegetable Ex-
change, Citraland Farms. w. f. Ba-
den. +. II. Sapp and Ed Roberts.
The battle OF in~junctions" which
finally resulted in Judge KennerIy's
decision, get under way during the
last shipping season when Valley
shippers began TO object to Control
Committees regulations which call
ed for eight standard fruits. prora-
ton Ct shipments and assessments
against all oranges and grapefruit
shipped.
Led by the Rio Valley Fruit a.
Vegetable company. the Valley ship
pers attacked the AAA. In as far As
1t applied to the Texas Citrus in
duStry. as unconstitutional. Four
teen Valley shippers Joined forces
and filed suit in federal court ask
ing that the control committee be
restrained from interfering in
their business.
Meanwhile the Secretary of Az
riculture sought to revoke their ship
ping license and filed a number or
suits asking ~iniunctions restraining
the shippers from break Control
Committee regulations.
InjunctiOns Denied
After several brisk legal tiffs.
Judge Kennerly March q denied
both the government and shippers
temporary iniunctions. This left the
shippers to do pretty much as they
pleased until final disposition CT the
cases.
The government was denied pre-
liminary injunction In the case de
cided Friday. styled u. s. A. and
Henry A. wallace, Secretary Of Agri-
culture. VS.. Edw. r. Smith and A. O..
Chestnut and j. E. Berry, indi-
vidually and doing business under
the firm name OF Rio Valley Fruit
g. Vegetable Company. March q.
Cameron. Hardin g. Bridges and A
w. Cameron CT Edinburg we're attor-
neys for the fruit company. while
the government at various times
was represented by d. w. McGregor.
U. S. attorney Of Houston: Mac
Askill. special assistant to the attor-
ney general: Seth Thomas. solicitor
for the u. S. department Of agricul-
ture: and II. Stewart Mcdonald. Jr..
and Walter v. Schaefer Of the y. s.
department OF agriculture.