Evening star., 1947-11-11
Supreme Court Ruling
In Crop Case Called
Absurd by Jackson
By the AsSocioted Press

~~~NA1ASA@
which Justice Jackson blasted as
absurd, ruled yesterday that it's
ND to q farmer who takes out Fed
sral crop insurance to familiarize
himself with regulations published
in the Federal Register.
This Is q daily publication con-
tanning Government rules, regula-
tions and decisions.
ITO my mind" said Justice Jack
son, 1T is an absurdity to hold that
every farmer who insures his crops
knows what the Federal Register
contains or even knows that there
La such q publication.
"If he were to peruse this VOL
luminous and dull publication
he would never need crop insur-
ance, for he would never get time
to plant any crops"
Vote Is S to 4.
Justice Douglas joined the dis
sent. Justices Black and Rutledge
ALSO dissented, but did not give
their reasons
The vote, overruling a decision OF
the Idaho Supreme Court holding
that the Federal Crop Insurance
Corp. should pay $1,000 to Merrill
Bros, Bonneville County Qdaho)
farmers, thus was to 4.
Federal Crop Insurance, Gov
ernment corporation, contended that
under its contract with the Merrills
spring wheat reseeded on 400 acres
of winter wheat acreage was ineli-
gible for insurance.
In Affirming a $1,000 award to the
Merrills, the Idaho Supreme Court
said that If the corporation were a
private insurance company there
would be no doubt as to its liability.
The majority decision showed that
the Bonneville County Agricultural
Conservation Committee, as agents
for Federal Crop Insurance, advised
the Merrills the crop was insurable.
Acreage Was Reseeded.
After most of the crop was de-
stroyed by drought in July, 1945, the
corporation refused to pay the loss
on the ground the destroyed acreage
had been reseeded. A regulation
published in the Federal Register
had prohibited the insurance of
spring wheat on reseeded winter
wheat acreage.
In another decision, the court
ruled the Government may not COL
lect interest on cotton market quota
penalties from the time the pen
alties were first asserted to be due
until q United States District Court
approved them.
under the quota system,
farmers are assigned a share of
total production of a crop, and
those who produce in excess of
their share are penalized)
The ruling came on an appeal by
W. Clay Rodgers, Mississippi and
Arkansas grower Penalties totaled
$7,039, and the Government claimed
1882 interest was due up to the
time the court approved them.
Salt Monopoly Case.
The court also ruled the Interna-
tional Salt Co. violated the Sherman
Antitrust Laws by leasing its pat
ented salt-dispensing machines on
condition that International Salt be
used in them. This leaves in effect
a ruling of the United States Dis
trict Court in New York ordering
International to lease, sell or license
the machines to any applicant on
nondiScriminatory terms.
The court also agreed to consider
a union attack on validity of Colo
radios 1943 labor peace act" which
defines secondary boycott as an
unfair labor practice. In a sec
ondary boycott, employees Of one
firm refuse to handle products of
another firm.
1t also decided to review litiga-
ton In which Ada Lois Sipuel, COL
ored, unsuccessfully sought admis-
sion to the law school of the Uni
versity of Oklahoma.
Counsel for Miss Sipuel, in petit
tioning for review, said that "the
refusal to admit her to the uni
versity solely because of race and
color amounts to q denial of the
equal protection of the laws guaran-
teed by the Federal Constitution,
that the State is affording legal
facilities for whites while denying
gJlch facilities to Negroes"