, 1935-08-07
CINNERS FIGHT
COURT ACTION
Halt On Bankhead Act To
Become Serious I'm 10
Days, Predicted

HOUSTON. Aus. 9. P1-Texas
cotton ginners. faced with what they
described as a snarl that threatened
20 tie up the entire crop. joined
forces Tuesday to fight for relief
from a court order restraining en-
forcement Of the Bankhead act.
Attorneys for three groups Of gin
ners planned court action and other
groups In various parts CT the state
had sounded protests against an in
junction granted by Federal Judge
Randolph Bryant last month at
Sherman In favor Of .. G. Wallace
and the Texas cotton ginners aSsocia-
ton which restrained enforcement
of the Bankhead measure.
Judge Bryant ruled that the act
was unconstitutional.
Testimony at the hearing pur-
ported to show that the part ginners
played In enforcing 1t brought heavy
expense To the ginners.
Counsel for the Texas seton Gin
ners association filed a petition with
Federal Judge T. M. Kennerly ask
ing that collectors Of internal rev.
enue be compelled TO issue bale tags
to Rinners who agree 10 abide by the
Bankhead Act. Judge Kennerly said
he would hold a hearing Thursday
on the application, which was pre-
scented by George L. Seay CT Dallas
and Henry Moore. Jr., Of Texarkana.
G.. X. Billiard, an attorney, said he
planned 10 petition Judge Kenner-
Nv wednesday TO release 60 or more
gins which he represented from the
provisions OF the injunction. Billiard,
making his announcement from Dali
las. said the injunction virtually
would prevent movement OF this
years crop OF Gotten because prac-
tically all ginners were made par
ties TO the suit and that the govern
ment had refused to issue any more
bale tags since the injunction was
granted.
The application filed by Seay and
Moore asked that revenue collectors
be forced to give gins bale tags per-
hitting the movement OF cotton re-
CARELESS OF whether the gins were
parties to the action before Judge
Bryant.
AT Waco. Frank Schofield. inter-
nal revenue collector mt Austin. adj
vtsed ginners TO await Developments
before trying to obtain bale tags.
He added that ginners needing tags
Immediately could go before federal
court and obtain an order excepting
them from the injunction.
If the situation gees or 10 days
longer m very chaotic condition will
result" Schofield said. Country
merchants will close credit books on
tenant farmers accustomed to pur-
chasing supplies at this time CT the
year, and there will be widespread
distress to this class Of cotton pro-
Queer"
Seay charged that the government
and not the plaintiffs In the suit
before Judge Bryant was responsible
for the threatened tieup. He said
Judge Bryant's order to restrain the
government from requiring the gin
ners 90 collect the cotton tax was not
effective because the plaintiffs had
not posted the required bond"
At Bryan, Travis B. Bryan, First
National Bank president and men,
Der OF the agricultural committee OF
the Texas Bankers Association. said
he would file In federal court Thurs
day affidavits OF ginners from Bra
gos. Burleson, Grimes and Robert
son counties who seek relief from the
Injunction. He said the Rinners pro-
tested that the injunction granted
the Texas Cotton Ginners associa-
ton was not sought by them.