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MEMBERS OF THE UNITED STATES SUPREME COURT WHO WILL DECIDE THE FATE OF THE AGRICULTURAL ADJUSTMENT ACT AND 

 other measures with'n the coming months. Left to right, front row, are Associate Justices Louis Dembiti Brandels, Willis Van Devantef Chief Jus- 

 tice Charles Evans Hughes; Associate Justices James Clarlt McReynolds and George Sutherland. In the bacii row. left to right. Associate Justices 

 Owen J.. Roberts. Pierce Butler, HarJand F. Stone and Benjamin Cardoro. 



flwait Decision on flflfl 



Farm Bureau Brief Supports Government In Upholding 



Validity of Act 



THE United Slates Supreme Court 

 i.*; expected to reach a decision on 

 the Agricultural Adjustment Act 

 sometime after the middle of January. 

 To farmers thi.s decision transcends all 

 othero now before the court, in impor- 

 tance. The Act has been held invalid 

 by a number of lower Federal courts 

 largelj- on the authority of the Su- 

 preme Court's decision in the NRA 

 case. Commenting on these decisions, 

 Howard L. McBa'n. writing in the New 

 York Times Magazine, says: "Unques- 

 tionably, the analogy which the lower 

 courts have seen has been severely 

 overstrained. It will be no surprise to 

 many students of constitutional law if 

 the Supreme Court reverses these 

 lower-court decisions. 



"The fundamental differences be- 

 tween the NIRA and the AAA in point 

 of constitutionalit.v cannot be sel forth 

 here at length. Suffice it to say that the 

 two main blows that floored the NRA 

 do not strike the AAA with similar 

 force. One of these concerned the dele- 



gation of legislative power to the 

 Executive. 



■'The Supreme Court held that in 

 the NIRA Cimgress had prescribed no 

 standard or rule of conduct to guide and 

 control the President in the exercise of 

 the large di.scretionary powers con- 

 ferred by the act. He was. in other 

 words. gi\en power to make law rather 

 than H> supplement and apply lau . 



"BiW the AAA does prescribe such a 

 guide. The acts of the Secretary of Aa- 

 riculture are controlled by a goal set 

 up by the law itself -namely, thi' goal 

 of raising the real prices of farm prod- 

 ucts to the level of prices that prevailed 

 from 1909 to 1914. This may be an un- 

 wise policy, but the courts have noth- 

 ing to do with that. It may be a goal 

 hard to attain accuraiel\. But it is no 

 more difficult than it is to fi.\ tariff 

 rates in accordance with an una.seer- 

 ti.lnable difference betwe(-n the cost of 

 producing good.~ at homt'' and abroad. 

 This standard t|i(> lourt rei;ard> as a 



sufficKntly definite auidf for th> Ex- 

 ecutive in fixing tariff duties. 



'"How can it be s;ud, then, that the 

 standard of a difference Ix-lwi^-n peri- 

 od price levels offends".' If it be argu<'d 

 ihal the .-Xgrieultural Act i;i\es the 

 Executivi' the powt'r t>i impose taxes, i! 

 can be answered that the flexibU' pro- 

 \i.vion of the Tariff Act also confers thi 

 taxing powi'r and that the Supreme 

 Court has found thi^ unobjectionabU' 

 The NIR.A wa- held void also on 

 another i-ount. The Schechters' busi- 

 ness of slaughteruiii and sellina poul- 

 try to local retaihr- was held to be 

 not interstate comniert-i-. Congress had 

 no power, therefore. 1.. t.'ll the Schech- 

 !< rs how lhi'\ mii^t eonduil th»'ir busi- 

 ness rn th. matter <<< labor aiid .Mber 

 practice.-. 



"Now. it is true that Conaress has m 

 more power to imixise restrictions upon 

 agriculture than it has to imnos. i- - 

 strictions upon intrastate bi-wn"--.. But 

 the Agricultural Act <]i»-. not compel 

 farmers to do or n-n to do an\thina 

 TIk' agreements into which lh<\\ «'nii't 

 with the Government are entirely vol- 

 unlar\ . Th< only eoinpuI>or\ fi-atui< 

 of the law IS the taxes that proti'v-orv 

 must pay. Thest' an' excise taxes 

 Thc\ .lie levied solel> for ri\enu< 

 purpo.s»>,. As sucii lhe\ are pert''etl\ 

 valid. Can they 1), held invalid -olely 

 (('i.niiiui.-.I ..1. p;e.ie 1^ I 



.1 AM \io. i9:{t; 



