Agricultural relief: Agricultural relief

Bibliographic data

Multivolume work

Identifikator:: 1831932415

Document type:: Multivolume work

Title:: Agricultural relief

Place of publication:: Washington

Publisher:: Gov. Pr. Off.

Year of publication:: 1928

Collection:: Economics Books

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Volume

Identifikator:: 183193440X

URN:: urn:nbn:de:zbw-retromon-232093

Document type:: Volume

Title:: Agricultural relief

Volume count:: Pt. 3

Place of publication:: Washington

Publisher:: Gov. Pr. Off.

Year of publication:: 1928

Scope:: III S., S. 181 - 253

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Statement of hon. J. Kehoe, representing Burley Burley Tobacco growers cooperative association, Maysville, Ky.

Collection:: Economics Books

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

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