Evening star., 1935-04-30
NEW DEAL READY
FOR COURT TESTS
Federal Lawyers Prepare
to Defend N. R. A.
ard A. A. a. l.
BY REX COLLIER.


action today in the first Of two i'm
portant moves within "a hours in
defense Of the constitutionality Of
key" pair of alphabetical recovery
agencies-the Agricultural Adjustment
Administration and the National 10
dustrial Recovery Administration
While picked attorneys Of the New
Deal were putting finishing touches
today on the Governments brief to
be presented to the Supreme Court
tomorrow in the crucial Schecter
poultry case, involving validity of the
N. r. A., another group of Federal
lawyers brought the A. A. A. closer
to Supreme Court consideration.
Legal counsel of the Justice Depart
ment's Tax Division today filed with
the United States Circuit Court OF
Appeals in Boston the Governments
final brief in the Hoosac Mills case,
which is destined to bring before the
Supreme Court for the first time the
question OF validity Of processing and
floor stock taxes under the A. A. A.
U. S. Victor in Boston Test.
The Government won 6 vigorous
battle in defense of the agricultural
taxes in the Federal District Court at
Boston, and the case promptly was
appealed to the Circuit Court OF Ap-
peals for the First Circuit by receivers
for the Hoosac Mills Corp, one OF
whom is William M. Butler, former
United State Senator from Massachu-
setts and onetime chairman of the
Republican National Committee.
Robert Nelson Anderson and Prev
Savoy, special assistants to the Attor-
ney General. presented oral arguments
before the Circuit Courts three judges
last week and, at request Of the court,
filed a brief today in response to one
submitted by an "amicus curiae." or
friend of the court-James S. Y.
WINS, local attorney. The Federal
brief challenged accuracy OF state
ments against the A. A. A. contained
in WINS brief and asked the court
| TO reject it.
| Regardless of the decision of the
! Circuit Court Of Appeals, the A. A. A.
test case will go to the Supreme Court
| for final judgment. as both sides have
! said it is their intention to have the
Nations highest tribunal pass upon
| the act.
The HooSac Mills receivers, protest
| ing processing and floor stock taxes
totaling more than $4,000. claim the
! A. A. A. is unconstitutional because 1t
delegates legislative power to the Sec
retary of Agriculture, regulates intra-
state industry and because 1t is class
| legislation" designed to take money
away from manufacturers and give 1t
to the farmers.
Federal Position Sustained.
All these allegations have been de-
MED by the Government, and Judge
Elisha Brewster OF the lower court
sustained the Federal position. To-
| days brief in the case was signed by
Frank j. Wiedman, Assistant Attorney
| General, in charge of the tax division
| of the Department of Justice; Ander-
| son, Savoy, j. Louis Monarch, another
special assistant: Seth Thomas. So
licitor Of the Department of Agricul-
ture, and Francis J. w. Ford, United
States attorney at Boston.
Stanley Reed, recently appointed as
solicitor general to succeed J. Craw-
ford Biggs, and Donald Richberg,
head of N. r. A., will lead the Fed
eral legal talent in the fight for
the N. R. A. tomorrow at the Supreme
| Court. Attorney General Cummings
has appointed Richberg as a special
assistant SO that he may appear with
Reed in the case.
The Schechter case, growing out of
proceedings brought against the
Schechter Poultry Corp. in New York
for alleged violation of poultry code
provisions, was selected by Cummings
for the supreme test of N. R. A. con-
stitutionality after he had withdrawn
a prior test case involving the lum-
Der code. It was explained that the
lumber code case, known as the
Belcher suit, did not present a proper
test of validity of the recovery act,
as the lumber code was drawn hastily
and differs from most other N. r. A.
codes.
The Government recently won on
a majority Of counts in the lower
courts decision in the Schechter case.
Federal and private counsel agreed to
facilitate presentation of the case to
the Supreme Court.
|