The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-01-10

Brandies. 1t held that the govern
ment was perfectly within its
rights in seeking to reduce crop
SURPRISES, raise farm prices and
bring stability to agriculture. Pro-
cessing taxes, it was maintained,
were justified under the general
welfare clause Of the constitution.
The dissenters said bluntly that
the personss dissatisfied with laws
being enacted should go to the
polls and whip the party in pow
er, not seek recourse chiefly In the
courts. The courts, the opinion
continued, do not have a monOp-
oily in capacity to govern. The
trio added the stern warning that
the courts, if they continue, may
destroy IAN indestructible union
Of indestructible states"
Justice Roberts, the only farm
er on the bench, reviewed the pro-
visions of the act, the claims Of
the government and the challenge
Of the processing taxes brought
by receivers for the Hoosac Mills
> Inc, of Massachusetts.
] Announced by Justice Roberts
!; Before him sat William H. But
Ter, a receiver Of the company,
former chairman of the republican
:. national committee and close
friend of the late Calvin Coolidge.
Roberts glanced only once or
s twice at the written opinion be-
: fore him. He held that the court
f had not been asked to interpret
J the general welfare clause of the
+. constitution under which the gov
II eminent based it's defense of the
: AAA.
Soon came from Roberts lips il
slow precise tones these words
e which spelled the doom Of the vas
u farm program:
~ ~ "The tax, the appropriation o
:, the funds raised, the direction TO
~ their disbursement, are but par
~ of the plan. They are but mean
- to an unconstitutional end"
A hush fell over the room. Gov
70 eminent attorneys squirmed. On
~ by one Roberts blasted away at a
~ of the arguments they had place
r. before him. They insisted tn
10 crop reduction agreements weI
10 voluntary. The court held theS
- pacts were the result of coercio
70 and could bring financial ruin I
~ farmers not cooperating undC
the scheme. ...
RevisiOnHOpes Blasted
10 Hopes that the adminietratiC
ao might revise the act, keeping i
700 framework as the base for ne
IN legislation of the same characte
'Jo were blasted as Roberts continue
~ He warned that even though Il
ara agreements could be proved to
on voluntary, the plan would fail b
or- cause it uses federal funds &C
10 purchase compliance" IS
The Bankhead cotton control a
&c which imposes a so per cent 81
on ing tax, he held, is merely anot
on er measure to force recalcitran
- into line. The act is before t
~ court now and a decision on
am had been expected today. Ro
nv erts left no doubt as to the fe'
'f.r ing of the majority toward ii
INV legislation.
.ny The intense struggle that we
4bo on among the gray haired juris
tbe as they debated the farm progra
in chambers, was shown by
on biting phrases used in the q
RS senting opinion. It was writ
= and read by Justice Stone, an
md dent liberal.
&c "For the appeal from UNIV
~ laws the recourse is not to
ress courts but to the ballot" Ste
AZ admonished sternly. He way
y Cr aside the majority opinions
of claration that the processing
,,ts benefit system was coercive.
nan Utters Warming
'It is enough to say that
ID such contention is pressed on
,on- taxpayer, and no such consequ
ono ces were to be anticipated or
de pear to have resulted from the
oTln ministration Of the act.
Then, emphasizing each w
,e nj slowly, he uttered this crisp wa
was ing:
mod charter of government which r
Rem ceeds on any assupmtion that
D. (Continuod on page twO)