GENERAL FARM PROGRAM 727 



We would be proclaiming quotas under one law and then there would 

 be a change in the law in the middle of the crop. So we would be 

 proclaiming quotas under one law and endeavoring to administer 

 them under a changed law, without an express provision continuing 

 in full force and effect the proclamation and determinations issued 

 under the original law. 



Air. Albert. If you acted under the 1938 act now, would that 

 carry through the next crop in spite of the fact that the new law will 

 become effective on January 1, 1950? 



Mr. Bagwell. Of course, the amount of the quota and the condi- 

 tions under which the quota could be proclaimed would not be the 

 same when the new law goes into effect January 1. 



Mr. PoAGE. But you have a right, as I understand it, under the 

 present law, and the requirement, to submit the question. You have 

 enough anticipated surplus right now that under the 193S act 3'^ou 

 would have to submit the question of quotas, would you not? 



Mr. Bagwell, Yes. 



Mr. PoAGE. Do you contend that there may be another law coming 

 into eft'ect on the 1st of January and that that will relieve you from 

 carrying out the law as it is now written and as it now stands on the 

 statute books? 



Mr. Bagwell. The law now contemplates that we would not be 

 required to proclaim quotas until after the 1950 crop is produced and 

 then we Vv-^ould have a period of time after that to vote on quotas. 



Mr. Hope. You could proclaim it before the crop is planted; 

 could you not? 



Mr. Bagwell. Yes; we could. All the law says is not later than 

 May 15. 



Mr. Hope. If you did that, is it your thought that if the Aiken 

 bill should then come into eft'ect on the 1st of January, as it will if 

 no other action is taken, that that would invalidate what might 

 have been done under the 1938 act. 



Air. Bagwell. T\e had not reached any firm opinion on it, Mr, 

 Hope, but we felt that there would at least be some question regard* 

 ing validity of 1950 crop quotas. 



Air. Hope. It seems to me there might be some question as to 

 whether the Secretary is required to act under the old law after the 

 1st of January. 



Air. Bagwell. He could not do that. 



Air. Hope. I am wondering if there would be any question if he 

 had gone ahead and acted under it prior to the time that the new law 

 came into effect. It seems to me it must have been the understand- 

 ing of the Senate, when it passed the bill, that it would not affect 

 the winter wheat crop which was planted before the act went into 

 effect, if they thought about it at all. Alaybe they did not think 

 abour that feature of it. 



Air. Bagwell. I could not say. Air. Hope, that it would be clearly 

 illegal. I think there would be some legal question raised in regard 

 t.i the validity of our action. 



Air. Hope. Would it make it any more likely to be questioned if 

 the Secretary would proclaim marketing quotas now and then 

 announce that the election would be held next Alay 15, making the 

 announcement at the time of the proclamation but postponing it 

 until Alay 15 or June 10? TVould that make any difference? 



