TWO
House Approves
Tobacco Grading
Compulsory Feature Voted
Contingent On 2-3rdb Of
Growers Approving
Washington, July 25. ? The
house late today by a voice vote
gave its approval to the Flannagan
bill providing for compulsory
government inspection and
grading of tobacco on markets
where such a service is favored
by two-thirds of the growers.
The measure, introduced by
Representative Flannagan, (DVa.),
passed with only one major
change. An amendment by Representative
Warren, (D-N.C.l, requiring
the two-thirds vote instead
of a simple majority, before
a market may be designated
a government graded market,
-?- - - j
wa3 auupicu.
N. C. Delegation SpUt
An attempt to eliminate the
compulsory feature, prohibiting
the sale of ungraded tobacco on
government graded markets, was
defeated by a rising vote. The
count was 70 to 55.
This amendment, offered by
Representative Umstead, (D-N. C.).
split the North Carolina delegation,
with Representative Hancock
in vigorous opposition and
Umstead and Representative Kerr
speaking as strong in its favor.
Debate on the bill consumed
most of today's house session.
Proponents contended the measure
would give growers a safeguard
against receiving an unfair
price for their tobacco, tend to
end speculation in the auction
warehouse system of selling tobacco
and promote equal prices
for like grades.
The opposition contended compulsory
government grading
would wreck the age-old auction
system, force farmers to submit
i their tobacco to government inspectors
whether they wanted to
or not, and would not tend to
increase the price of tobacco.
Circuit Court Holds
The AAA Invalid
Southern Tobacco Journal.
Boston, Mass., July 17.?United
States Circuit of Appeals for the
first circuit, reversing a decision
of Judge Brewster in the District
Court for Massachusetts, finds
I c
I ^
i A New Wan
| cated in W1
| District Easi
I entrances on
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W. B. DANIE
the AAA to be unconstitutional.
I The court found that the federal
Congress had no authority to
regulate production, which was
within the control of the states.
It found there had been improper
delegation of authority following
out the Schechter decision.
On the third point on which
it was to rule, it found that, the
Act being unconstitutional, there
was no necessity for ruling on
whether the processing tax was
a direct or excise tax.
The opinion was written by
Judge Wilson. Judge Norris concurred
and Judge Bingham dissented.
The decision finding the AAA
unconstitutional was the first
rendered in an auction which had
been carried to the Court of
Appeals. The case was that in
which receivers of Hoosac Mills
Corp. sought to have claims of
the United States for $81,694 in
processing and floor taxes set
aside. The district court had
found that the claims were valid
and entered a decree ordering
the claims to be paid. This decree
is now overruled.
The case which had been before
the Circuit Court since April
24th is regarded as a test case
that will establish definitely
whether the processing tax is
constitutional. It is understood
that government attorneys are
prepared to carry it to the United
States Supreme Court, hoping
for a final decision before Christmas.
The majority opinion of the
Court of Appeals declared:
"The power of Congress to
regulate interstate commerce does
not authorize it to do so by taxing
products either of agriculture
or industry before they enter
interstate commerce, or otherwise
to control their production
merely because their production
may indirectly affect interstate
commerce.
"It is clear, we think that under
the recent decision of the
Supreme Court in the Schechter
Poultry Corp. case, decided May
27, 1935, that Congress at the
outset has attempted to invade
" It hflfl no
Ck 11CIU VTV* ? ......
control since its obvious purpose,
viz?to control or regulate production
of agricultural products
in the several states by the
methods adopted in this act?is
beyond the power of Congress.
"The processing and floor taxes
are not dependent on the execution
of agreements to reduce
] SI
- - 1
All Complete)
*
'house centrally lobiteville's
Tobacco
ly Accessible with
i two streets.
ie Well-Ligh
??? We have
together for r
It is our
to sell every
Daniel on sal
We are 1
h W.M.
L, JR.
=====
THE STATE PORT PILi
A DARING 6EA
TELLS TI
*
I Bolton, July 19.?L. N. (Pode) H
(Little Is perhaps one of the best
(known bear hunters In this com- j
Jmunity. He was born and rear- )
ed in the very heart of the Green ]
Swamp upon an island where 1
bears used to run around the j
corn fields like pigs. And, as
(the case used to be, they often i
ran around there after the pigs. 1
Two of Mr. Little's bear stories ]
follow: <
"As I remember," he began af- ]
ter comfortably seating himself i
in an automobile beside a re- i
porter, "It was on Saturday <
morning in August, 1917. Miles
Little and I were hunting to- i
gether near one of the Green '
Swamp cornfields. ]
"Our dogs, Poor Boy, Wheeler, ]
(Talley, Bouncer and Beaver were ]
along and they soon picked up l
the scent spore of a bear. Af- ]
ter running the bear around and I
around across a net-work of can- <
l
(acreage or production alone but
(on the determination by the Sec- <
retary ."of Agriculture), without i
(any foundation other than his i
'own opinion, that the existing i
'economic emergency demands 1
I that to accomplish the declared i
purpose of the act rental or bene- :
fit payments shall be made.
"The issue is not, as the gov- i
ernment contends, whether COn- '
'gress can appropriate funds raised
by general taxation for any .
purpose deemed by Congress in
furtherance of the "general wel- !
fare," but whether Congress has
any power to control or regulate
matters left to the states, and
lay a special tax for that pur- :
pose.
"We find no definite, intelli|
gible standard set up in the act
'VILLI
>r the Opening
r
1
starWw YOUNG
lEwil MO
ov> f?r u \
a H^B
: ^VViiRHfljjjjjjjjjjj^B
ise - No
best force that can be
pared to render servic
onal attention to ever}
rOP MARKET PRIC
n tobacco and working
dll appreciate your pa
.B.Danie
lers and Propr
rest -' We'll
QT, SOUTHPORT, NORTH
R HUNTER
(RULING TALES
lis for about six hours, they
Teed him.
"Miles stayed on the canal
sank and hollered and whooped
to keep the bear's attention on
lim until I could slip around to
the rear and up near enough to
jet a shot.
"The briars and bushes were
30 high and thick that I had to
tunnel my way beneath them.
However I reached the tree with>ut
the bear observing my approach,
and then it was that I
shook a bush to get him to look
it me that I might fire a more
ieadly shot
"He looked down into my face
snd I shot him in the breast
rhen he swung around the tree
like a wounded squirrel, let go
His hold with all except one front
paw, and then, after swinging
Pack and forth once or twice
like a trained actor, he came
tumbling end over end with a
crash into the bushes at my
feet that knocked me down.
"I was down with a network
it bushes over me and the five
logs and that bear were wallowing
and fighting about me like
nobody's business. But eventually
the bear got away from the
dogs, ran off and then came directly
back to me and jammed
bis nose against me where I
stood entangled in a mesh of
vines.
"Of course I kind of thought
I was up against it, but the dogs
were so hot in behind the bear
he turned and climbed another
tree, where I shot at him again
Inflicting a fatal wound.
"Then" he added, after securing
a large chew of waxy tobacco,
"there was that time when
R. W. Scott had me set a trap
for a bear near one of his Green
Swamp bee yards. The next
morning Mr. Scott, J. P. Long,
the late C. M. Carr, myself and
several others went to see what
I had caught
"One of the traps (I had set
three) was gone. In single file
we followed the battered trail
from the bee yard into the
swamp. J. P. Long was next to
me, and I was in the lead, carrying
the gun. So when he found
the bear in the trap, we stopped.
Then we made a bargain, if 1
just wounded the bear that we
were to scatter and each run for
VAR1
for determining wucu uic
retary shall pay rental or benefit
payments in order to reduce
production of any particular
commodity except in his own
judgment as to what will effectuate
the purpose of the act
"If Congress can take over the
control of any interstate business
by a declaration of an economic
emergency and a public
interest in its regulation, it would
be difficult to define the limits
of the powers of Congress or to
foretell the future limitations of
local self-government
rAR 1
WHITE
d and Ready fc
I
' ' - ::
y '
- : ' - . *
*M\ i&'wzB : |
ted Warehou
associated with us the
nany years, we are pre
policy to give our pers
pile of tobacco for the 1
e all the time bidding o
lere to serve you and vi
, Young-W
Owi
"Give Us A 1
~ m
i Do The Rest
I
Vv
riirt f^i ii itfMM
CAROLINA
[his life each hoping that the bear
might get some other member of
the party.
"To make the climax more entertaining
I secretly slipped a
load of bird shot into my gun
and fired them at the bear's
nose. Whereupon the bear snorted,
bounded toward us, and we
scattered like a covey of frightened
quail. However, I remember
that Mr. Long jumped into a
stump hole, and finding it no
place of security decided to lose
no time getting up but came
rolling by me in a succession of
somersaults and as he passed he
yelled: 'Pode for heaven's sake,
if you've got anothr shell in thati
gun, shoot that bear and kill
him." And so I did."
Benefit Payments
Exceed Farm Tax
Payments By AAA To
North Carolina Farmers
Would Pay 1934 Tax Bill
AAA benefit payments to
North Carolina farmers in 1934
amounted to twice as much as
the taxes on farm property.
Dean I. O. Schaub says that
the 1934 benefit payments totaled
$12,519,933 and the farm property
taxes came to about $6,684,000.
The exact sum of the taxes is
not known, the dean said, but
this amount is an estimate based j
on a study of farm taxation by
Dr. G. W. Forester, agricultural I
economist at the college.
The cotton payments alone, $6,- [
521,997, would almost have paid
all the farm property taxes in
the state levied for 1934, the
dean added. Tobacco payments
ran to $5,640,000.
But the benefit payments pale
! into comparative insignificance
nnmnomd \lHfh the mOTC !
Wlitj'kMVW ??? ?
than $120,000,000 increase in farm
income derived from the sale of
cash crops, the dean added.
In 1934 with the?adjustment
programs well under way, the
tobacco, cotton, wheat and peanut
crops sold for around $86i
800,000. In 1932, before the programs
were started, the sale of
these crops brought only $65,178,I
000.
The rise in corn and hog prices
augmented the farm income still
II further, Dean Schaub said, but ex
act figures on the income from
SHOUS
n. c
Thursday,
9 WmMmmm
t The Bigges
had. Our organization
:e second to none.
patron, large or small,
^!E. You'll find Bert IV
> for your interest.
tronage.
1, Jr.-A. H.
"ietors
WEI
Constitutionality J
Act Is
*Macon,
Ga., July 18.?A suit a
attacking constitutionality of the 11
Kerr-Smith Act, under which a a
system for the reduction of to- a
bacco acreage is set up, was filed t
in Federal District Court here t
this afternoon by 100 growers of r
tobacco in Northern Florida, who y
are planning to sell this year's
yield in a Valdosta warehouse. t
In the suit W. E. Page, Geor- d
gia Internal revenue collector, is p
named defendant. No date for
hearing the matter, in which a a
restraining order against Page I
is asked, was set by Judge Dea- p
ver. }
As in suits attacking constitu- f
tionallty of the bill providing for 1
a processing tax on cotton and t
hogs, it is alleged that the Sec- 3
retary of Agriculture is delegated
unlawful authority under
the act, that interstate commerce J
is not involved, that the tobacco
levy is not a tax but a penalty,
and that the amount which is
supposed to be collected from <
plaintiffs is "arbitrary and unreasonable."
In addition, it is
alleged that the levy is not uniform
since no tax is collected on
suncured tobacco grown in Virginia
and Maryland.
All the plaintiffs are non-sign- ?
ers of agreements to reduce their e
tobacco acreage, the petition re- [ f
veals, and under the set-up will).
be required to pay a tax of one- [
third of the price received for *
their crop because of their non-11
compliance. Signers are issued | \
[ warrants for alloted poundage 11
{ ll
these two commodities were not t
at hand when he calculated the 1
state farm income. 1
All told, the payments and the
rising prices boosted the 1934 \
North Carolina farm income (
more than $132,000,000 above that t
for 1932, or approximately 22 <
** A m xi? 4 An J i
times tne amount 01 me laoi 11
farm property taxes. 1
]
WHEAT PAYMENTS 1
1
The wheat payments for 1935 ]
will be 33 cents a bushel on each i
participating grower's domestic i
allotment?four cents more than ]
last year. Growers who wish to 1
enter this program this year will <
have opportunity to sign new y
contracts, says L. B. Altman. <
?E {
*
August 8 th
Modern in every re
ped with new sc:
11. n
Baskets . . . tonv
Rooms.
it But The Bi
having worked
and do our best mr
loore and Billie j
Moore ^
)NESDAY, JULY 31
imith-Kerr^j
Again Attack^
iid the warrants arTT^^El
i payment of the tax.^^R
The petitioners charge
Ct favors growers whoZ^ft
creages in 1931, 1932 ay
he basic period, and
hose who had made
eductions in acreage durj^Mfl
To enforce the act womj^B
he petitioner's property
,ue processes of law,
C. A. Avriett of Jasp^
nd J. L. Blackwell ofetyj^BS
i'la., are attorneys for
petitioners, who expect ^Hx
ields for this season to
rom 50,000 pounds dowg^HS
lie total poundage invoivJ^E
he action is between 3QO,OQi)^Bs
\gent Advises E
Remove SucktB
Seasons Have Caused El
Growth Of Suckers
Tobacco; Urges Early
The favorable season ahc^EX
ixtremely dry weather has
>d tremendous quick grovft^Kfr
he majority of the tohaca^Bf
his section, says J. P.
'arm agent. He says thatt^Bjk
rery important that the sucj^E|fll
je kept off the tobacco, in
hat quality will be added to
eaf. If the suckers are
a remain, he says, it
ikely cause a very thin ^E?)
ifeless quality.
Some farmers may find
vhere tobacco had a reajoa^BS)
growth before the rains, that^Bg!
:oo, has taken another gni^Kf)
musing a heavy, rough lealM#
this case it might be wellH||
eave a top sucker which A^B]|
oe topped out leaving frorn^B?
:o four leaves that will help^BTO
take up the extra amount HJ|
olant food that would readily
nto the other leaves of the it^B ?
which would cause a rough ^B^
lity of tobacco. These su^BS
eaves may not be harvested. ^B |i
even though they are not, t^B g
will tend to improve the qui^B e
of the remainder of the toba^B?
3^
B ?
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B
sped, equip- B
lies, trucks, B
enient Rest B
est I
a
. H. MOORE