170 JOURNAL OF ECONOMIC ENTOMOLOGY [Vol. 12 



cases, and the state lost the case. The trial judge made it very clear 

 in rendering his opinion that the general validity of the act had not 

 been questioned. After the trial appeals were made by representa- 

 tives of the board as well as by the state officials to farmers everywhere 

 to comply with what was the clear intent of the law. These appeals 

 were effective in many cases, but naturally a considerable acreage was 

 planted on the supposition that the decision in the test case meant that 

 the entire law was invalid. Altogether about 3,500 acres of cotton 

 were planted in the non-cotton zone. Through direct appeals and 

 appeals through bankers and merchants, much of this cotton was 

 plowed out. In one considerable district every field planted was 

 voluntarily destroyed. There remained, however, 1,741 acres which 

 were cultivated and continued to grow. 



The Law Found To Be Constitutional 



The state and Federal governments cooperating undertook to 

 establish in court that the growing of this cotton in violation of the 

 governor's proclamation constituted the maintaining of a public 

 menace. A test case was made against the president of an organiza- 

 tion formed to fight the law, who had planted 30 acres of cotton. The 

 trial lasted over two weeks. The judge went very thoroughly into all 

 features of the law. The attack was on the score that the law was 

 unreasonably drastic, that sufficient protection could be obtained by 

 allowing the growing of cotton under regulations and the safeguarding 

 of the products. However, the court decided that the law was reason- 

 able and constitutional, and the defendant was ordered to destroy the 

 crop forthwith. Upon his failure to do so in ten days, he was com- 

 mitted to jail. In a few days he was released on a writ of habeas 

 corpus issued by a higher court, and a hearing was set for October 10, 



An Agreement with Planters 



During all of these legal comphcations, the cotton planted in viola- 

 tion of law continued to grow, and there was every prospect that it 

 would be entirely harvested before the hearing on the habeas corpus 

 case could be had. The agencies cooperating were therefore confronted 

 with the facts that about 600 bales of cotton, of the value of approx- 

 imately half a million dollars, had been produced; that if the state did 

 not obtain custody of this crop, a considerable part would be smuggled 

 out of the territory by means of the very numerous water courses in the 

 region, and — anticipating a point which will be dealt with fully later — 

 that no infestation by the pink boll worm had developed. It therefore 

 became clearly advisable to make some provision which would give 

 the state practical custody of the crop. After numerous plans were 



