AGRICULTURAL RELIEF

199

fee; if it is unconstitutional you will go right on practically with this
bill without the fee. If it is constitutional, then you go on and do
what you contemplate under this.

Would you not, as a practical legislator think that you were meeting
the President more than half way, and that as the fee was uncon-
stitutional, as he contends on the advise of his legal department,
that the constitutionality of the fee has been declared, and he gets
what 1t is presumed, he would O. K. automatically under the bill,
after the fee had been declared unconstitutional. Would not, as
a practical legislator, think that that would be a practical proposition
and, with the hope of having the President sign it, with that pro-
vision in it?

Mr. KenoEr. As a practical legislator, I would think if I should
say, as this bill does, to the President, if we eliminate your objection
as to the appointment of the board, that we eliminate your objections
as to a few commodities and make it general, and a number of other
eliminations, I should think all of that was sufficient to justify him
to sign the bill as a compromise proposition.

I should further say that I would not put into any law any idea
that it was unconstitutional—I would not write that into anv law,
because—

Mr. Apkixs. Let me interrupt you?

Mr. Keno. Yes.

Mr. Apkixs. I do not think it is necessary to put that clause
in, because you and I know that the first operating period is
declared its constitutionality would be attacked no doubt, and if
it was knocked out the point I am making is that if the equalization
fee was declared unconstitutional, under this law, as I see it. we
would automatically go to operating anyhow.

Mr. Kenoke. If the equalization fee was declared unconstitutional
and the equalization fee ceased to operate after a year or two, you
would find yourself worse complicated than if you had not started,
because you would have your cooperatives all in a mess, and I would
rather not start until its constitutionality had been determined.

But I am not afraid of the unconstitutionality of this law. This
is an old excuse. If all the questions raised as to the constitutionality
of laws had been sustained there would be few on the statute books.
There is not one law in a thousand that is declared unconstitutional,
although the question is raised. The rule of law is to resolve all
doubts in favor of the constitutionality of a law. The courts are
constituted of men who take judicial notice of the welfare and the
happiness and the economic condition of their fellow citizens. The
Congress is justified under the Constitution in passing this kind of
legislation. The United States courts have already sustained this
character of legislation. We all know, my good friend, Mr. Fort
included, that the tariff is a protective tariff and not a revenue
tariff, and never was. The puspose of all Government is—-

Mr. Apkixs. I think you see my point?

Mr. Kenok. Ido. Now, let me get my point before you, that the
purpose of all democratic forms of government is to keep in mind
the relation of the individual to the Government, to give to its
people the maximum opportunity to intelligently and successfully
conduct their business, to afford him protection in his enjovment of
his labor, and the minimum of governmental interference. That will
be done under this law and the courts would hold. in my opinion, that