Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-05-27
ARBITRARY POWER
OVER FOOD SEEN
Drug Act to Permit Whims
to Rule Business, OBJ
server Writes.
BY DAVID LAWRENCE.

duction to wholesaling and retailing,
will come under the dictatorship of
the Federal Government if legiSla-
ton reported to both houses of Con-
eress becomes law.
Action is scheduled in the Senate
and House for this week. President
Roosevelt, Notwithstanding the pro-
test of business men for several
months, has turned a deaf ear to all
pleas and has determined to go
through with the dictatorship as
planned by Secretary Wallace and
Undersecretary Tugwell
The usual excuse that perhaps the
drastic powers may never have to be
used and that the whole restriction
is really aimed at "chiSelers" has been
given out by high officials. But the
fact remains that N R, A. in its
palmiest days of breakdown" policy
never usurped more authority or more
clearly violated the Constitution than
90 the provisions of the pending bills.
All Phases Embraced.
First of all, every phase of the food
business is to be either under license
or subject to the power of regulation.
While retailers and producers are in
some instances exempted, the author
ity to control their acts and tell them
how to run their affairs is still con-
tanned in the bill, which has admins
tration approval and will no doubt
pass. One paragraph from the pro-
posal illustrates its far-reaching char
acter.
The Secretary of Agriculture is en-
powered after due notice and OPP
portunity for hearing, and upon a
finding by the Secretary that such
action will tend to effectuate the de-
clared policy of this title, to issue
licenses to professors, associations OF
producers and others engaged IN the
handling of any agricultural COM
modify or product thereof, or any
competing commodity or product
thereof, in the current of or in COM
petition with or so as to burden, OBJ
struct or in any way affect interstate
or foreign commerce.
The Agriculture Department spokes-
men say the present law al
ready gives them broad authority
and that the amendments they are
sponsoring are merely Clarifying, y
but the minority committee OF the
House of Representatives in its
formal report said it was difficult to
understand the very indefinite and
vague reasons given by officials of the
Department of Agriculture for the
necessity of this bill. unless it is the
purpose of the Secretary to further
tighten his control over farmers and
the handlers. distributors and proc
essors of farm products"
Arbitrary Action Feared.
The minority report also points out
that all retailers Of milk, butter,
cheese and other dairy products may
be subjected to arbitrary license. and
that. while retailers and producers
are theoretically exempted, they be-
come subject to licenses the moment
they attempt Ito sell commercially
any farm product"
Cooperative creameries, cheese fac
tories, fruit and vegetable associa-
tions. live stock associations, poultry
associations, and all corporations en-
gagged in the handling Of canned and
fresh vegetables, all fruits, milk and
its products, tobacco, sugar beets,
wool and mohair are, according TO the
House committee minority report,
compiled "if the Secretary of Agri-
culture so DEGREES. to conduct their
business under license issued at his
pleasure and, according to rules and
regulations promulgated by some
Government clerk, who may know
nothing about the operation Of any
great basic industry, and simply issue
orders or regulations to satisfy some
whim or pet theory"
1t is also contended that the ''au-
thority granted the Secretary Of
beyond any authority heretofore con-
ferred upon him by Congress.
Cleverly WOrded.
The bills are full of cleverly worded
devices to enable the Department of
Agriculture or the A. A. A. to force
upon even a majority of the handlers
of products the wishes of a group of
producers. The professors can be
coerced. even though a majority of
them disagree with the provisions of
a marketing agreement. The coercion
is accomplished by withholding a
than
from doing business unless he has
license. The penalty is a fine up TO
$500 a day
So the Government would then
acquire the privilege of putting out
of business anybody in any class of
farm marketing who happens to dis
agree with its edicts And as for pro-
ducers, one-third of them can be
coerced, too, by the same method.
This extreme control over the
marketing of farm products in all
stages of processing and handling and
distribution may at first glance seem
to be confined to basic products of
the soil. But the language of the
proposed law is so comprehensive that,
If desired. the Secretary of Agriculture
could force licenses or regulation upon
anybody who has a manufactured
product or anything else competing
with vegetables or fruits, such as fish,
or anybody who markets any textiles
that compete with wool.
Courts May Be Circumvented.
The Supreme Court of the United
States has not yet passed on the many
questions raised in the lower courts
with respect to the licenses already
issued under the first emergency agri-
cultural act of the New Deal, but the
proposed amendments have been
drafted with the idea of circumventing
many of the points made in the court
proceedings thus far, SO that, if the
highest court knocks out the existing
statutes as unconstitutional, the New
Dealers will proceed. nevertheless, with
their control on the theory that the
new provisions will have to be passed
on separately by the courts.
Meanwhile the hand of the Federal
Government is to rest upon business
estimated to include volume of about
q 81 mn mn mn q wear and ennOlOVinQ