davidaulloa/AmericanStories huggingface dataset:
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06

pose compensating taxes on COM
modities in competition with those
subject to the processing tax.
BY section Is, a floor tax is i'm
posed upon the sale or other DISPOSE
ton of any article processed wholly
or in chief value from any COM
modify with respect to which a
processing tax is to be levied in
amount equivalent to that of the
processing tax which would be pay
able with respect to the commodity
from which the article is processed
if the processing had occurred on
the date when the processing tax
becomes effective.
On July IA, 1888, the Secretary
of Agriculture with the approval of
the President, proclaimed that he
had determined rental and benefit
payments should be made with re-
Spect to cotton; that the marketing
year for that commodity was to be-
gin Aug. l, 1888; and calculated and
fixed the rates of processing and
floor taxes on cotton in accordance
With the terms of the act.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
Ballots
By United Press

By United Press
WASHINGTON, Jan. 6.-The
dissenting opinion in the Su-
preme Court decision on the
AAA was as asharp a challenge
of the ajority view as Justice
Owen j. Roberts opinion was
of the governments action.
Justice Harlan F. Stone, who
wrote the dissenting opinion,
said flatly that the appeal of a
disenter to an act of Congress
should be ito the ballot" rather
than to the court.
Justices Benjamin N. Cardozo
and Louis D. Brandeis joined
Stone.
Interpretation of our great
charter of government" Justice
Stone said in stern tones,
which proceeds on any as
sumption that the response
bility for The preservation of
our institutions is the exclusive
concern of any one of the three
branches of government, or
that it alone can save them
from destruction is far more
likely, in the long run, to OBJ
literate the constituent men,
berS' of an indestructable
union of indestructable states
than the FRANC recognition that
language, even of a constitu-
ton, may mean what it says:
That the power to tax and
spend includes the power to
relieve a nation wide malad-
justment by conditional gifts
of money"
Justice Stone made clear his
opinion that "a tortured con-
struction of the Constitution is
not to be justified py recourse
to extreme examples of reck-
less congressional spending
which might occur if courts
could not prevent"
Courts" he emphasized, "are
not the only agency of govern
ment that must be assumed to
have capacity to govern"
Justice Stone dismissed with
scant consideration the con-
tention Of the majority that
the processing taX-benefit sys-
tenn was coercive.
'Of the assertion that the
payments to farmers are coer-
cise,' he said, 1T is enough to
say that no such contention is
pressed by the taxpayer and no
such consequences were to be
anticipated or appear TO have
resulted from the administra-
ton of the act"
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
INTERNES APPOINTED
FOR SERVICE HERE
Indianapolis Students on |.
u. Hospital List.


BLOOMINGTON, Ind, Jan. g.
Twenty-one young doctors are to
serve as interneS in the Indiana
University hospitals at Indianapolis
next year, according to an an
nouncement made today by Dean of
Medicine w. D. Catch.
Eighteen of these students are to
receive their M. D. degrees in June,
while three are to be graduated from
out-of-state medical schools All
are to begin their duties July /.
Indianapolis graduates named as
internes are Homer L. Life, Herbert
Egbert. 2601 Roosevelt-av, and Al
bert Radcliffe, 702 Wilson-st. Other
Indiana students include James
Kirtley. Charlottesville; Winfield
Scott, Shelbyville; Max Gantz, Mar
ion; Frank B. Bard, Crothersville;
Douglas F. Barley, Odon; Charles
M. Bowman, Albion.
John L. Ferry, Akron; Richard E.
Gerry, Lafayette; Ralph Gettel1nger,
Ramsey; Orlando L. Meyer, Bluff
ton; Louis Spolyar and Donald
Rendel, Gary, and Elmer S. zweig.
Fort Wayne.
Those from outside Indiana are
Charles S. Campbell, Oregon Uni
versity; William c. Keetel, Ne
braska College of Medicine, and
Harry S. Tanner, Northwestern
University.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
HANNAH N0ONE SEEKS
COUNTY TREASURERSHIP
Center Township Trustee to Enter
May Democratic Primary.

Miss Hannah Noone, Center
Township trustee, is seeking the
Democratic nomination for Marion
County treasurer in the May pri-
mary. She now is serving her sec
ond term as trustee.
Long active in Democratic poll
tics in Marion County and Indian
apoliS, Miss Noone organized the
first Women's Democratic Club of
the South Side and served as vice
ward and precinct chairman of the
organization in the old Twelfth and
Ninth Wards.
In addition TO her public duties.
active connection with a number of
social and civic organizations. She
is a sister of Michael j. Noone, who
was known Familiarity as SKY"
Noone and who, until his death. was
active in South Side politics with
the late Thomas Taggart.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
CASE REVIEWED

The United States presented
claim to the respondents as receiv-
erS of the Hoosac Mills Corp. for
processing and floor taxes on cot
ton levied under Sections and 16
of the act. The receivers recon-
mended that the claim be disal-
lowed. The District Court found the
taxes valid and ordered them paid.
Upon appeal the Circuit Court of
Appeals reversed the order. The
judgment under review was entered
prior to the adoption of the amend
ing act of Aug. "a 1885, and we are
therefore concerned only with the
original act.
First. At the outset the United
States contends that the respond
ents have no standing to question
the validity of the tax. The posi-
ton is that the act is merely a
revenue measure levying an excise
upon the activity of processing cot
ton-a proper subject for the i'm
position of such taX-the proceeds
of which 60 into the Federal treas
ury and thus become available for
appropriation for any purpose. 1t is
said that what the respondents are
endeavoring to do is to challenge the
intended use of the money pursuant
TO congressional appropriation when.
by confession, that money will have
become the property of the govern
ment and the taxpayer will no
longer have any interest in it.
Massachusetts vs. Mellon, 262 u.
S, AT, is claimed to forecloSe litiga-
ton by the respondents or other
taxpayers, as such, looking to re-
Straint of the expenditure of gov
eminent funds. That case might
be an authority in the petitioners
favor if we were here concerned
merely with suit by a taxpayer
to restrain the expenditure of the
public moneys. 1t was there held
that taxpayer of the United States
may not question expenditures from
its treasury on the ground that the
alleged unlawful diversion will de-
plete the public funds and thus
increase the burden of future
taxation. Obviously the asserted
interest of taxpayer in the Fed
eral governments funds and the
supposed increase of the future
burden of taxation is minute and
Understandable. But here the re-
spondents who are called upon to
pay moneys as taxes, resist the ex-
action as step in an unauthorized
plan. This circumstance clearly
distinguishes the case. The govern
ment in substance and effect asks
us to separate the Agricultural Ad-
justment Act into two statues. the
one levying an excise on professors
Of certain commodities. the other
appropriating the public moneys in
dependently of the first. Passing
the novel suggestion that two
statutes enacted as parts of single
scheme should be tested as if they
were distinct and unrelated, we
think the legislation now before us
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06

is not susceptible of such separation
and treatment.
The tax can only be sustained by
ignoring the avowed purpose and
operation of the act, and holding it
a measure merely laying an excise
upon professors to raise revenue for
the support of government. Beyond
cavil the sole object of the Iegisla-
ton is to restore the purchasing
power of agricultural products to a
parity with that prevailing in an
earlier day; to take money from the
professor and bestow it upon tarm-
ers who will reduce their acreage
for the accomplishment of the pro-
posed end, and, meanwhile, to aid
these farmers during the period re-
CURED to bring the prices of their
crops to the desired level.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
CONTRACTS WITH FARMERS

It will be observed that the Sec
rotary is not required, but it per-
mitted if, in his uncontrolled judg-
ment, the policy of the act will so
be promoted, to make agreements
with individual farmers for re-
duction of acreage or production
upon such terms as he may think
fair and reasonable.
Section ga enactS:
ITO obtain revenue for eXtraordi-
nary expenses incurred by reason of
the national economic emergency
there shall be levied processing taxes
as hereinafter provided. When the
Secretary of Agriculture determines
that rental or benefit payments are
to be made with respect to any basic
agricultural commodity, he shall
proclaim such determination, and a
processing tax shall be in effect with
respect to such commodity from the
beginning of the marketing year
therefor next following the date of
such proclamation. The processing
tax shall be levied. assessed and COL
lected upon the first domestic pro-
ceSsing Of the commodity, whether
of domestic production or imported,
and shall be paid by the professor"
The Secretary may from time to
time, if he finds it necessary Tor the
effectuation of the policy of the Act,
readiust the amount of the eXaction
to meet the requirements of SubSec-
ton (B). The tax is TO terminate
at the end of any marketing year
if the rental or benefit payments
are discontinued by the Secretary
with the expiration of that year.
Section 9(B) fixes the tax at
such rate as equals the difference
between the current average farm
price for the commodity and the
fair exchange value, with power in
the Secretary, after investigation,
notice, and hearing, to readjust the
tax so as to prevent the accumula-
ticn of surplus stocks and depres-
sion of farm prices.
Section 9(C) directs that the fair
exchange value of a commodity shall
be such price as will give that
commodity the same purchasing
power with respect to articles farm
ers buy as it had during the base
period and that the fair exchange
value and the current average farm
price Of commodity shall be ascer-
tanned by the Secretary from avail
able statistics in his department.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
TAX INDISPENSABLE

The tax plays an indispensable
part in the plan of regulation AS
stated by the Agricultural Adjust
ment Administrator, it is "the
heart OF the law" a means of "ac-
complishing one or both of two
things intended to help farmers at
tain parity prices and purchasing
power. A tax automatically goes
INTO effect for q commodity when
the Secretary of Agriculture de-
termlnes that rental Or benefit pay
ments are to be made for reduction
or production of that commodity
Inc tax is to cease when rental or
benefit payments cease.
The rate is fixed with the purpose
OF bringing about crop-reduction
ana prlce-raising. It is to equal the
olHerence between the current av-
erage farm price" and fair ex-
change value" 1t may be altered
10 Such amount as will prevent ac-
cumulatlon of surplus stocks. If the
secretary finds the policy of the
act Will not be promoted by the lew
OF the tax for a given commodity
ne may exempt it (Section ID. The
whole revenue from the levy is an
proprlated in aid of crop control.
none OF 1t is made available for GEN
eral governmental use. The entire
agricultural adjustment program
embodied in Title of the act is to
become imperative when, in the
Judgment of the President, the ma
tlonal economic emergency ends:
and as to any commodity he NAV
terminate the provisions of the law
II he finds them no longer requisite
10 carrying out the declared policy
with respect to such commodity
(Section 49,.
Inc statue not only avows an aim
foreign to the procurement of rev.
enue for the support of government
put by its operation shows the exac-
tlon laid upon professors 20 oe the
necessary means for the intended
control of agricultural production.
In these aspects the tax, so-called
closely resembles that laid Nv the
act of Aug. 3, 1882, entitled "An Act
to Regulate Immigration, which
came before this court in the Head
money cases, 112 United States. $50
The statute directed shat there
should be levied, collected and paio
d DUTY of so cents for each alien
passenger who should come by yes.
sci from a foreign port to one in The
United States. Payment was to be
made to the collector of one mort
by the master, owner, constance or
agent of the ship; the money was
TO be paio into the Treasury. was
to be called the immigrant fund
and to be used by the Secretary OF
the Treasury to defray the expenses
OF regulating immigration, for the
care of immigrants and relieving
those in distress, and for the ex-
penseS of calculating the act.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
PINCH0T REITERATES
WPA GRAFT CHARGES
Claims Agency Aids in Collection OF
Funds From Needy.

By Z Hted Press
WASHINGTON, Jan. 6.-Penn-
sylvania's former Republican Gov
ernor, Clifford Pinchot, charged to-
day in his second letter to Presi-
dent Roosevelt that the Works
Progress Administration actually
assists in the systematic collection
of graft from the needy" in Phila-
delphia.
Mr.. Pinchot said: 'I have in my
possession receipts from Phila-
delphia employment agency that
it took from one needy low-paid
WPA worker the sum of $40 as the
price of securing employment under
the government of the United States
as administered by WPA.
From another it took $3.50.
How the proceeds of this I'M
speakable infamy were divided with
the Democratic organization which
was guilty of it, have not yet been
informed"
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
FURTHER POLICIES

The further policies announced
are an approach to the desired
equality by gradual correction of
present inequalities cat as rapid a
rate as is deemed feasible in view
Of the current consumptive demand
in domestic and foreign markets"
and the protection of consumers in
terest by readjusting farm produc-
ton at such levels as will not in
crease the percentage Of the con-
sumers' retail expenditures for ag-
ricultural commodities OF products
derived therefrom, which is returned
to the farmer, above the percentage
returned to him in the base period.
Section provides amongst ether
things, that lin order to effectuate
the declared policy" the Secretary
of Agriculture shall have power.
"O-To provide for reduction in
the acreage or reduction in the pre-
duction for market, or both, of any
basic agricultural commodity,
through agreements with producers
or by other voluntary methods, and
to provide for rental or benefit pay
ments in connection herewith or
upon that part Of the production CT
any basic agricultural commodity
required for domestic consumption,
in such amounts as the Secretary
deems fair and reasonable, to be
paid out CT any moneys available for
such payments -.
"(2)-To enter into marketing
agreements with professors, associa-
tions of producers and others en-
gagged in the handling, in the cur
rent of interstate or foreign cCm-
merce of any agricultural commod-
ity or product thereof, after due no.
tice and opportunity for hearing to
interested parties. 49,.
"(S)-To issue licenses permitting
professors, associations of producers
and others to engage in the ham
ding, in the current of interstate or
foreign commerce, of any agricul-
tural commodity or product thereof,
or any competing commodity or
product thereof.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
POLITICAL DISCUSSION
Is SCHEDULED AT !. u.
Howard G.. Williams to Be Speaker
at Open Forum.
Times Special

Imes Special
BLOOMINGTON, Ind. Jan. g.
Discussion Of the question, do We
Need New Political Party in
American" is to be held at Indiana
University's next open forum Tues
day, Jan. IA. under auspices of the
Indiana Union.
Chief speaker is to be Howard Y.
Williams, traveller, lecturer, ma
tional director of the League for
Independent Political Action and a
national organizer of the Farmer
Labor Political Federation. DR..
Frank o. Beck is to be in charge.
The forum is to be fifth in series
which has brought before students
and faculty members discussions on
controversial subjects. Speakers for
next semester are to include Rabbi
Elias Cherry, indianapolis; DR..
Thurman B. Rice, I. U. Medical
School, and Brig. Gen. William K.
Naylor, post commandant at Fort
Benjamin Harrison.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
TAX is INCIDENT

But manifestly no justification
for it can be found unless as an in
tegral part of such regulation, The
action can not be wrested out of its
setting, denominated an excise for
raising revenue and legalized by ig-
noring the purpose as a mere in
strumentality for bringing about
desired end. To do this would be
to shut our eyes to what all others
than we can see and understand.
Child Labor Tax Case, 259 U. S. 20,
81.
We conclude that the act is one
regulating agricultural production;
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
COURTS ANSWER

Various objections to the act were
presented. In answering them the
court said {P. $3.50:
But the true answer to all these
objections is that the power exer-
cised in this instance is not the tax
ing power. The burden imposed on
ship owner by this statute is the
mere incident of the regulation of
commerce-of that branch of for
eign commerce which is involved in
immigration. /.
1T is true not much is said about
protecting the ship owner. But lie
is the man who reaps the profit
from the transaction. The sum
demanded of him is not. therefore.
strictly speaking, a tax or duty
within the meaning of the Consti-
tuition. The money thus raised.
though paid into the Treasury, is
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
NEIGHBOR FINDS BODY
James Edward, SO, Dies While Wife
Buries Sister in Fort WAYNE,

Mrs. Nellie Edward, $50 English
av sped home today to arrange flu
neral services for her 83-year old
husband, James Edward, who died
yesterday while she was attending
funeral rites for her sister in Fort
Wayne.
The body was discovered by Glenn
Garden, who lives at the rear of
$50 English-av. A daughter, Betty
Edward, %, is with her mother.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
WEISS AND EDGERTON
RETAIN ELECTION JOBS
Commissioners Reappointed for One
Year by Judge Cox.

Theodore M. Weiss, Democrat,
and Ralph H. Edgerton, Republican.
today resume their duties as Marion
County election commissioners, hav-
ing been reappointed for one-year
terms Saturday by Circuit Court
Judge Earl r. Cox. Glenn B. Raj
ston, county clerk, is third member
of the board.
Judge Cox also reappointed Mrs.
Emma Lou Williams Garrett and
Msgr. William E. Keeke to three
year terms on the Marion County
Board of Charities.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
FEDERAL PRISONER Is
RELEASED TO RELATIVES
William Roberts May Be Placed in
Mental Hospital.

Federal Judge Robert c. Baltzell
today released William H. Roberts,
81. Chandler, Ind, to a relative.
Roberts was held on charges of i'm
personating a Federal officer.
The relative promised Judge Bait
zell that action to commit the man
to an institution for the mentally
defective would be taken.
Several days ago Roberts was Sc
verely beaten in the Marion County
Jail, where his fellow prisoners con-
ceived the notion that he was a
Federal stoolpigeon.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
MEANS OF FINANCING

Section 12(A) appropriates $780,
100000 ito be available to the Secre-
tary of Agriculture far administre-
tive expenses under this title and
for rental and benefit payments
...."; and Section 12(B) appro-
PIRATES the proceeds derived from
all taxes imposed under the act TO
be available TO the Secretary of Ag-
ricHiture for expansion of nNarke,s
End removal of surplus agricultural
products administrative ex-
penses, rental and benefit pay
nents, and refunds on taxes
Section 15CD) permits the Secre-
tary upon certain conditions, to i'm
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
DEATH DRIVER LOSES
FIGHT ON CONVICTION
Clarence st. Clair Sentenced for
Fatal Accident in 1881.

After nearly five years effort to
escape punishment for falling to
stop after fatal traffic accident,
Clarence G. st. Clair today was
sentenced by Criminal Judge Frank
P. Baker to the penal farm for 60
days and fined S25.
An automobile driven by st. Clair
struck and fatally injured Steven
Pollock on March 26, 1881.
Convicted in Criminal Court, st.
Clair appealed to the Indiana SUI
preme Court. which recently af-
flrmed the sentence.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
Vayhinger w. C. T. u. to Meet

Vayhinger w. G. T. u. is to meet
Thursday afternoon at the home of
Mrs. Beatrice Dittrick, 1921 Orion
st, Mrs. Epha Johnson is to speak
on alcohol Education" Mrs. Lu-
Gle Sahakian is to play the &C
Gordon and Mrs. Beatrice Dittrick
is to give devotions.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
ROAD DEPARTMENT TO
OPEN BIDS TOMORROW
IA Highway Projects in IL Counties
Included in List.

Bids on IA highway improvement
projects costing nearly 81 100000 and
located in Noble, Lake, Fulton, Glib
son, Wells, Montgomery, Hendricks,
Boone, Steuben, Pike. Pulaski and
Huntington Counties, will be opened
tomorrow by the highway depart
ment.
Included are improvement of Fed
eral-a1d streets in Gary and Ligo-
nler and feeder roads and state
highways in the other counties.
The letting is the first of the new
year and one of the last to be held
under the 1896 construction pro-
gram.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
GRANT WOOD TO SPEAK
Artist to Lecture at Town Hall
Here Saturday.

Art and its trend toward the soil
and regional development is to fea-
ture the Town Hall lecture of Grant
Wood, Iowa artist, when he speaks
here Saturday at II a. m. in the
Columbia Club.
Wood created a Juror some time
ago when he introduced regional art
with three oils which were declared
to be outstanding in sympathetic
realism.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
ICELAND SCHOOL CHIEF
TO ADDRESS ROTARY
Asgeir Asgeirsson, Former Premier,
Speaks Here Tomorrow.

Speaker at the luncheon tomor-
row of the Rotary Club in the Clay
pool is to be Asgeir Asgeirsson, Ice
lands minister of education, who
also served as premier, finance min
lister and president of parliament.
MIR. Asgeirsson is to speak on lice
lands New Deal" He is said to
have received more honors than
other contemporary statesmen, in
Guiding decorations from France,
Italy, Finland, Sweden, Denmark,
Norway, Holland and his own coun-
try.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
MURDER TRIAL STARTED
City Man Is Accused of Staying
Cincinnati Laundryman.

By UNHed Press
CINCINNATI, O.. Jan. 6.-Trial
OF Richard Keller, indianapolis,
charged with the murder of Adolph
Woest, head of Cincinnati laun-
dry, two years ago was opened to-
day in Criminal Court.
The state asked the death penalty.
Keller pleaded not guilty by reason
of insanity.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-06
CLUB NAMES OFFICERS
Nelson Trusler Heads Radio Group
for Year.

New officers of the Indianapolis
Radio Club are Nelson B. Trusler,
president; Eugene Van Sickle, vice
president; Charles w. Soltau. treas
urer; Eugene Howard, secretary, and
w. E. Davis, chief operator. New
directors are D. j. Angus and Will
liam Leuth Jr. M G. Bartlett is re-
firing president.