The Daily Alaska empire., 1935-12-11
ARGUMENTS ON NEW DEAL ACT
 ARE POSTPONED
Sudden Illness of Solicitor General Reed De-
 lays Action

WASHINGTON, Dec. H. The sudden illness of Solicitor General Stanley Reed today forced suspen- sion of further arguments in the Supreme Court of the United States on the Bankhead Cotton Control Act New Deal measure.
 Reed was stricken yesterday af- ternoon, Is minutes ahead of the days schedule which also forced adjournment of the AAA hearing The Supreme Court however took the case under advisement and a de- eision may be expected in January.
 What Act
 The Bankhead cotton control act. over which legal storm for months has been brewing, represents the first effort in American history for Fed eral Government control of produc- tion of major crop and upon it is based law for the control of tobac- co, another great money crop"
 The Bankhead measure empow- CTS the Secretary of Agriculture to allocate to cotton growers, upon the basis of past yields, an allowed quota of production. He issues certificates this quota to each farm ise. who may grow and sell that specified amount without the pay ment of any tax. Let him get above the quota, however, and a tax repre- 3enting half the market value of the cotton is slapped on. Criminal pen altieS are authorized for handling uncertified cotton-a maximum fine of $l 900 and a six months jail sen tence.
 The first of the suits to reach the court, challenge to the constitu- tionality of the measure made in the course of an action by Lee Moor, a Texas cotton grower, against the Texas and New Orleans railroad company, embodies most of the as- sarticns made in the Talmadge ac- tion, but the latter covers broader constitutional ground and is regard ed as affording more direct test.
 Suits Claims
 The Georgia suit comes directly to the court, whereas Moor's com plaint went by way of U. s. District and Circuit Courts. On no less than eight constitutional grounds does Georgia attack the act. It is claimed to be:
 An effort at production control contrary to the 10th amendment, which reserves to the states the powers not delegated to Congress. Ct is eontended thus that if any power exists. for controlling pro- duction it is in the states and not in Washington9
 In violation of provisions author izing the levying of taxes only for revenue. ct is climaed that the Bankhead tax is punitive in purpose, merely an assessment" as a lever for controlling production and price1
 Not authorized under the clause giving Congress the right to regu- late interstate commerce. ((T'he assertion is that production and even primary marketing of cotton is wholly intrastate, or local)
 In violation of clauses providing taxes shall be uniform. Ct is as serted that the Secretary of Agri- culture is allowed under the act to make different tax exemptions in different states)
 Tn violation to provisions vesting all legislative power in Congress.
 In violation of other provisions in that it delegates to farmers the right to decide whether taxes shall be levied in future.
 Contrary to the fifth amendment, in that is brings about deprivation of property without due process of law.
 The Moose case brought up the is sue in rather curious way. The railroad declined to ship Moses cot ton from Clint, Texas. because it did not bear the certificates. He sued for an injunction to force acceptance of the cotton. The processing tax, keystone of the AAA voluntary farm programs, is not at issue.