The Southwestern Historical Quarterly, Volume 61, July 1957 - April, 1958 Page: 124
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Southwestern Historical Quarterly
A suit to test the Texas law began at Franklin, Texas, on Jan-
uary 19, 1932. The suit was filed by County Attorney T. L. Tyson
against Fred L. Smith, farmer, alleging Smith was making ar-
rangements to plant more cotton than the statute permitted.26
District Judge W. C. Davis ruled on February 1, 1932, that the
Texas Cotton Acreage Control Law, passed by the Forty-second
Legislature, was unconstitutional, null, and void. In his opinion,
the jurist declared, enforcement of the law would be the essence
of tyranny and destructive of the fundamental principles of free
government, would violate the sacred guarantees of the Consti-
tution, and would make the Bill of Rights a nullity and a farce.
The court held that the enforcement of the law would be in direct
conflict with Article I, Sections 16 and 17, of the Constitution of
Texas and Article I, Section lo, and Amendment 5 of the Consti-
tution of the United States. County Attorney Tyson appealed the
judgment immediately to the Tenth Court of Civil Appeals at
Waco.27 The Tenth Court of Civil Appeals on March 5, 1932,
however, upheld the ruling of District Judge W. C. Davis, and
the case was not carried to the Texas Supreme Court.28 Regardless
of what the court had ruled with respect to the law, however,
there is little probability that the Texas law would have been
enforced, as it is clear that the other cotton states would not have
enforced a similar reduction of cotton acreage.
26Dallas Morning News, January 2o, 1932.
27Fort Worth Star-Telegram, February 1, 1932.
28See State v. Smith, Southwestern Reporter, Second Series, XLVII, 642-645-
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 61, July 1957 - April, 1958, periodical, 1958; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101164/m1/144/: accessed June 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.