The Matagorda County Tribune (Bay City, Tex.), Vol. 90, No. 15, Ed. 1 Thursday, October 24, 1935 Page: 3 of 8
This newspaper is part of the collection entitled: Matagorda County Area Newspaper Collection and was provided to The Portal to Texas History by the Matagorda County Museum & Bay City Public Library.
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THE MATAGORDA COUNTY TRIBUNE. THURSDAY. OCT. 24. 1935
For Living and Dining
TILLERS SEEK
TO HALT TAX
ASSOCIATION, IT IS LEARNED,
PLANS TO FILE SUIT IN TEXAS
FEDERAL COURT
VERY DANGEROUS
I Ican Market Would Be Destroyed
By Contemplated Action at
This Time
Crowley Signal
I Rice millers are back in the picture
111
The owner of this house decided to acquire spaciousness, light, and airiness by taking away the wall
and combining the living and dining rooms. Modernization credit funds were obtained from a la
insured by the Federal Housing Administration. The apartment was redecorated, adequate wi-
installed, and the entire house air-conditioned.
Millions Of Dollars
tional delegation of legislative power
% Hinge on
Tax Court Battles
to the secretary of agriculture, and
Processing infringes upon rights which the fed-
P eral constitution reserves to the states
or to the people, manufacturers under
that act have been confronted by legal
repr sentatives and changed by the
senate finally em erged with additional
changes from the conference commit-
tee of the house and the senate, the
full nergies of the administration
forces in congress and in all branches
The STORY of the
CONSTITUTION
(Pub. Autocaster Ser.)
by CALEB JOHNSON
FINAL: THE CONSTITUTION TO
DATE
The recent Supreme Court decision
that the National Recovery Act was
came to be known as “lame duck
congresses, many of whose members I
although defeated at the November .
election, held office until the follow-
ing March 4th
unconstitutional, set in motion a na- In March, 1932, congress submitted
tion-wide discussion of tire constitu- to the states an amendment mak-
tion. It brought about the situation
which made this series of “The Story
of the Constitution" a most timely
subject.
i The Supreme Court’s decision was,
in effect, based upon the fundamental
trying to dominate the farmers’ rice principal that the federal government
is one of the delegated powers.
control program.
Under the constitution, all power
mg the terms of senators and repre-
sentatives begin on January 3rd, and
those of the president and vice pres-
ident on January 20th. The annual
This fact was definitely learned Fri-
da. morning from reliable sources rests in the congress, which receives |
familiar with the contemplated court its authority from the people of the
action of the Rice Millers’ Associa- United States The executive power i
meeting date of congress was changed
to January 3. In less than one year,
thirty-nine states had ratified this
twentieth amendment, which was pro-
claimed as a part of the constitution
tion which will seek in a Texas court is to see to the enforcement of the'
to secure an injunction against the acts of congress The power of the
roll eting of the rice processing tax judiciary is that of determining
according to reliable whether or not the congress has, in
The lead.
sources familiar with the contem-
any given case, sought to exercise
plated court action of the Rice Millers’ power which has not been delegated
Association, which is seeking to bring to it
In the NRA case, the Supreme Court
in a number of non-members in an
effort to destroy the farm program.
held that congress had received no
I It is definitely known that a law- power from the people to delegate any
yer has ben employed and that the part of its law-making function to the
president; that the states had granted
the congress no power to regulate
commerce or industry except as they
SeHEADLINES Say:
Christian Science Monitor
New York, Oct. 18.—Today thou-
sands of taxpayers under the Agricul-
tural Adjustment act stand to lose or
to save sums totaling in the aggre-
gate many millions of dollars, accord-
ing as the doubts and uncertainties
involved under the act are resolved
one way or the other by various dis-
trict courts and circuit courts of ap-
peals and the Supreme Court of the
United States, declared Gilbert H.
Montague before the American Man-
agement Association at the Hotel Wal-
dorf Astoria here.
"Since the 2 to 1 decision of the
circuit court of appeals at Boston on
July 13. holding that the Agricultu-
ral Adjustment act is an unconstitu-
Do You
Ever
Wonder
Whether the"Pain"
Remedy You Use
is SAFE?
Ask Your Doctor
and Find Out
Don’t Entrust Your
Own or Your Family’s
Well - Being to Unknown
Preparations
THE person ask whether the
‘ preparation you or your family
are taking for the relief of headaches
is SAFE to use regularly is your
family doctor. Ask him particularly
about Genuine BAYER ASPIRIN.
He will tell you that before the
discovery of Bayer Aspirin most
“pain" remedies were advised
against by physicians as bad for the
stomach and, often, for the heart.
Which is food for thought if you
seek quick, safe relief.
Scientists rate Bayer Aspirin
among the fastest methods yet dis-
covered for the relief of headaches
and the pains of rheumatism, neu-
ritis and neuralgia. And the experi-
ence of millions of users has proved
it safe for the average person to use
se gularly. In your own interest re-
.amber this.
V You can get Genuine Bayer
spirin at any drug store — simply
by asking for it by its full name,
BAYER ASPIRIN. Make it a
point to do this — and see that you
get what you want.
Bayer Aspirin
and business problems that are with-of the government charged with the
out precedent in variety, complexity administration of this act were de-
and possibility of great money loss voted to setting up these amendments
or corresponding money saving." Mr. in the best possible form to block all
Montague said, these suits, and to meet all the consti-
"Demands," he continued, "have tutional points raised in this Boston
poured into the manufacturers from decision.
their trade, who want the manufac-1 “As finally passed by congress, and
turers immediately to reduce cur- approved by the president, and en-
rent prices by an amount equal to all acted into law on August 24." Mr.
processing taxes, and to issue credits Montague declared, “these amend-
at once for amounts equal to all past ments to the Agricultural Adjustment
processing taxes, act purport to ratify all processing
Warnings Issued taxes assessed prior to that date, and
"Warnings have been issued from to legalize the assessment of all sub-
Washington, stating that the govern-sequently accruing processing taxes,
ment insists upon the payment of all and to prevent any refund whatsoever
processing taxes, and that failure to of any payment of any processing
pay involves liability for severe money taxes unless the manufacturer suing
penalties, for this refund can establish:
"Several weeks before the Boston (1) That the manufacturer has not
decision." Mr. Montague continued, included any part of the tax sued for
"which declared the Agricultural Ad- in the price of the commodity on
justment acte unconstitutional, there which the tax was imposed, or in the
was passed by the house of repre- price of any article processed from
sentatives a bill which, if it had be- such commodity, and
come law in that form, wiuld have (2) "That the manufacturer has not
deprived all processors of any right in any manner passed on any part of
to recover, directly or indirectly, any such tax to the purchaser or to any
processing taxes paid under the Ag- other person, and
ricultural Adjustment act, even (3) “That the manufacturer has not
though Supreme Court should uphold passed back any part of such tax by
the Boston decision, and should con-obtaining a reduction therefor from
clusively decide that the act is and
from the beginning was unconstitu- |
tional.
"Beset from these three directions, |
a number of manufacturers shortly
before the due date of some of their
recent monthly installments of proc-
essing taxes, instituted suits to enjoin
the government from starting dis-
traints or criminal prosecutions for
the collection of these particular in-
stallments,
■ "There is an old federal statute,
dating from 1867, which provides that
‘No suit for the purpose of restrain-
ing the assessment or collection of
any tax shall be maintained in any
court ’ Because of this old 1867 stat-
ute the courts in some of these suits
his suppliers of such commodity.
"Is it reasonable, or even constitu-
tional. for congress to set up such an
extraordinary bar against suits to ob-
tain refund of taxes unconstit ution-
ally imposed and unconstitutionally
collected?
"The government's answer is une-
quivocally Yes, for the government's
position is that it is reason’ ble to
limit refunds to those manufacturers
only that have absorbed and not
passed on or passed back these taxes,
and that irrespective of this it is fun-
damental law that no sovereign can
be sued except with its own permis-
sion and on such terms and conditions
as it may elect to impose, which is
the ground on which congress enacted
have refused to grant even temporary | the gold clause bill, as well as these
injunctions. August 24th amendments of the Ag-
"In a number of other suits, how- ricultural Adjustment act,” Mr. Mon-
ever," Mr. Montague said, Mother tague concuded.
courts have viewed the situation dif-
ferently, and have held that the con- |
ditions presented by these congres- |
sional proposals to amend the Agri- 1
cultural Adjustment act after this ]
Boston decision were in all respects ]
so extraordinary as to make this old 1
1867 statute inapplicable.
Action of Courts
"Among the hundreds of suits that
have been instituted to enjoin the
government from starting distraints or
criminal prosecutions for the collec-
fee has been set for his services. The
; division of the expected refunds on
. procssing taxes paid is already being
i contemplated.
Overlook Export
i The millers apparently are over-
looking the more than a half million
I dollars which they have already re-
ceived in drawbacks on the export
plan .a local representative of farmer
interests declared.
But the most serious and dangerous
thing which they are doing, it was
explained, is destroying the clean rice
market, which has just gotten into a
position to buy clean rice after much
i uncertainty.
I Threats have held forth for weeks,
but at 1 st the clean rice market has
settled down to buying of clean rice.
This has aided the rough rice market
with the highest prices during the
past season prevailing during this
' week.
I But this new threat will stop that
clean rice market, it was declared
The clean rice market will settle
down to another long wait to see
just what happens before they con-
are in the stream of interstate com-
merce.
Within the limits of its delegated
authority, congress has usually been
upheld in its efforts to legislate with-
in the needs of an expanding national
economy. The Supreme Court is ex-
pected to take a realistic view of cur-
rent conditions and recognize the ne-
cessities of the times when this could
be done without infringing upon the
on February 6, 1933
—It took even a shorter—time toes-
tablish the twenty-first amendment,
repealing the eighteenth, or prohibi-
tion amendment. This was submit-
ted to the states in February, 1933,
by the present administration, and
became a part of the constitution on
December 5, 1933.
Both of these amendments had an
overwhelming weight of public opin-
ion behind them. Such has proved the
rule that in like manner, when a
proposal to change the federal gov-
ernment structure has behind it a
strong, nation-wide public opinion,
then is our constitution usually
amended and changed
Last Week One of
Rush for Rice Farms
The pretty weather which prevailed
during all of last week made it pos-
sible for many a rice farmer to com-
plete his work of harvesting and get
Cotton Crop Falls
Below Last Year
According to figures just released
by Statistician A. H. Wadsworth, the
cotton crop of Matagorda County is
falling below that of 1934.
The figures given out by the gov-
ernment census reports place the
number of bales ginned in this county
as of October 7 at 3758, as against
tion of processing taxes, some courts | 3931 bales the same date last year a
have been deterred by this old 186754m 04 e VAE
statute from granting even temporary
injunctions, while in other suits other
courts have granted temporary in-
junctions effective until a later hear- |
ing at which may be determined the |
constitutionality of the Agricultural :
Adjustment act, or until the higher
courts can pass upon the applicability
of this old 1867 statute.
“From July 13, when the Boston de- |
cision held the act unconstitutional,
dropping off of 173 bales.
Origin Of Broadcast
Range Songs Traced
To Cow Lullabies
until the middle of August, when the
amendments passed by the house of
Thos epart mournful, part spirited
cowboy songs that come to you over
the radio had their origin in lonely
nights on the plains, when cowpunch-
ers uplifted their voices in vagrant
tinue to buy. And no sales in the
clean market will certainly halt the
rough rice sales.
Characteristic Act
It all comes back to the farmer and
the grower. It will destroy his mar-
ket and it will cause prices to drop
instead of advance.
That, it was stated, is what this
threatened action will do if it is
taken.
The matter is being taken to Texas,
it is understood, because there is
little or no chance to secure a re-
straining order or an injunction
against the collecting of the tax in
Louisiana.
But the action, it was declared, is
ch racteristic of the millers, who have
e: tablished for themselves the repu-
tation of never keeping a promise or >
their word.
The present 'ice control program
grew out of a program which the
millers controlled with their control .
board. That board went by the side
if the road, because the millers were |
doing the dictating in a farmers' 1
program.
The new program was drawn up 1
and adopted. W. M. Reid, secretary
of the Rice Millers' Association, at-
tended the meetings and conferences
when this plan was adopted. He of-
fered his suggestions and ideas and I
they were considered.
Helped Frame It
He had a part in framing the pro-
gram. This same millers' association
endorsed it and agreed to co-operat •
on the plan. They have co-operated
now, it was pointed out; about as far
as they co-operate in any plan.
History shows they have endeav-
or’d to destroy other things.
But they are destroying now, or
attempting to destroy, something
which was adopted for growers, but
which has made the millers more
money than anything they have ever
had. The present program is the only
program which gives them n subsidy
and permits them to meet foreign
competition
It was pointed out that they stand
to lose, but not the grower, insofar
as the benefit payments are concerned
The government has agreements with
the growers and they will receive
their benefit payments.
Clean Market
The danger now is destroying the
clean rice market. That, of course,
would halt the sale of rough rice.
That concerns the grower very much.
A temporary restraining order only
destroys this market and halts the
collecting or places the fund in a sep-
arate account to be held until the
entire subject is brought to a con-
clusion.
powers reserved to the states or the
people, under the tenth amendment, his crop safely to the warehouse.
By this process the constitution has I Tons of rice found its way to shel-
operated for 148 years.
The flexibility of the constitution to
meet new conditions has been testi-
fied to by generations of statesmen.
In the few instances, during recent
years, when the considered will of
the people could not be executed un-
der the powers already granted to the
congress, amendment has proved to be
a simple and speedy process, once
public sentiment has become crystal-
lized.
The twentieth amendment is an apt
illustration. This amendment changed
the terms of office of the president
and vice president and of all sena-
tors and representatives. Under the
twelfth amendment all of these took
office on the 4th of March following
ter as day after day of good weather
kept up persistently. Another week
or two will finish the harvest.
MRS. LULA PARKER
Mrs. Lula Parker, one of Bay City’s
oldest citizens, died at her home on
East Sixth street today at 11:30 a. m.,
after an illness of several weeks.
The funeral will be held Sunday
afternoon, October 20, at 3:30 o’clock
under the direction of Walker-Match-
ett, with religious ceremonies at the
Presbyterian Church, conducted by
her pastor, Rev. Ernest F. Deutsch.
Mrs. Parker, relict of the late Dr.
their election. But congress was re-
quired, under article I, section 4 to
meet annually on the first Monday
in December. That resulted in what
W. F. Parker, is survived by a son
and daughter, Herbert Parker and
Mr.s. Jack Hinton, both of this city.
A more extended notice will appear
later.
11 BIHIIVITUSHTSHTBEVITIEIITES
“IDEAI S" OF FAMOUS ARTISTS—These girls were created from
the imaginations of three noted illustrators. The Bradshaw Cran- !
dall girl (left) is pert, smart and self-reliant. The W. T. Benda
girl (center), exotic and poised. The McClelland Barclay girl, vi-
brant, wholesome, full of the joy of living. Which most nearly ap-
proaches your ideal?
"MAGIC BRAIN" CHECKER PLAYER
—The secret of its mechanism still a
mystery after 187 years, this undefeated
robot is touring the country and turning
back the leading checker players. Its
present sponsors are offering a “Magic
Brain” radio to anyone who can defeat
him and accomplish what Napoleon,
Poe, Houdini and other famous players
have been unable to do.
DO G HERO
I PRIZE WINNER
1 — Despite a herole
I exploit the day
I before, when he
I rescued a small
I boy from drown-
I ing, Lucason won
I first prize as the
I best collie exhib-
I lied at Madison
Square Garden. RECORDDISK-GUISE-
Never taught to
K s wim, Lucason
P unhesitat-
* ingly leaped into
£ the water and
* pulled the boy to
safety.
This phonograph record
costume created quite •
stir at the fancy dress
ball of the Rockport Art
Association, where it waa
considered very “a-mus-
ic” (amusing). •
THE NEW FORD V-8 FOR 1936
Bay City Now Has An AUTO SUPPLY
No longer is there any need to order by mail blind-
folded. We carry a complete line of auto supplies.
Nationally advertised products. U. S. ROYAL TIRES
OUR PRICES ARE ALWAYS RIGHT
Bay City Auto Supply Company
7th Street East Formerly Wolstein Store
A SPECIALTY
Tanks, gutters, down spouts, stock tubs,
water troughs, gin piping.
ANYTHING IN SHEET METAL
McCoy Roofing and Sheet Metal Co.
BARRETT ROOFING
Bay City, Texas
tunes, as they herded cattle So says
I Bob Steele, dashing hero of the new
A. W. Hackel Western. "No Man's
| Range." at the Frels State Theatre
Saturday.
According to Bob, who ought to
know, having been a genuine cowhand
I himself for years, when the boys were
riding herd at night, the coming of the
riders often frightened their four-
| legged charges, and sometimes re-
suited in panic-stricken stampedes.
For cattle are nervous, impressionable
I creatures, ready to shy ut every
shadow, and in constant fear of at-
i tack by wolves or mountain lions,
j The early cowboys discovere d that
| droning chants set to any old tune
I had a quieting effect on the steers.
It gave them a sense of being under
; protection from the dangers of the
night. Cattle will lie down and sleep
'contentedly under the human seda-
| five of singing.
I There were always natural poets
| among the range hands poets, that
is, to the extent of being able to
rhyme roughly, although their bal-
, lads seldom broke into print. But
they served their purpose of charm-
ing the wild herds into peaceful se-
curity. How many thousand of these
songs had their birth on the frontier
nobody knows. There was generally
no limit set to their verses, which
were usually evolved on the spur of
the moment and might run into hun-
dreds of lines, Comparatively few of
these specimens of American folklore
as they could be termed, were ever
given the honor of publication. Yet
they have become familiar to the
countless patrons of radio and West-
ern pictures.
Home Clubs Will
Assist Contestants
Those who live along state high-
ways are invited to visit home dem-
onstration club meetings in Novem-
ber.
Matagorda Home Demonstration
Council is sponsoring a clean-up cam-
paign for homes along the state high-
ways in this county.
People who live on the highway
are invited to attend their nearest
home demonstration club meeting in
November the dates and places for
which will be announced about the
first of November in this paper.
Prizes are being offered in 1936 by
the Dallas News and Dallas Semi-
Weekly Farm News for the best wards
shown on state highways. A state
prize of $250 is given and prizes in
each county will be given.
It is pointed not that this county
has a decided advantage in more than
ten of the shrubs most frequently
used in landscaping of yards, which
are native in this county and may be
found on the farms of many of the
people eligible to enter the contest.
Florists have offered tneir co-opera-
tion to the council in helping those
on the highway to obtain nursery
shrubs if they would like to p t them
out.
“Are they very strict in your col-
lege?"
“Huh! Are they? Why when a man
dies in a lecture there, they prop
him up until the end of the hour.”
Why do we say The New Ford V-8
for 1936?
What is new about it?
Of course, the newest engine in the
low-price car field is still the V-8 engine.
Since Ford made it available to all car
users (keeping it as economical as cars
with fewer cylinders) the Ford V-8 has
been the newest engine on the market,
and remains the newest for 1936.
You may buy a car on minor "talking
points"—some specially advertised fea-
ture “with the car thrown in"—but, after
all, it is the engine you buy when you
buy a car. Hence we put the engine first.
Other new points about the car
make a long list.
Its lines are much more beautiful. The
hood is longer and sweeps forward over
the distinctive new radiator grille, giving
the car a length and grace that are
instantly impressive. The fenders are
larger, with a wide flare. Horns are con-
cealed behind circular grilles beneath
the headlamps. New steel wheels.
Ford upholstery - always of sterling
quality and excellent taste—is rich and
enduring. The appointments of the car
Lave a new touch of refinement. There
is no question about the increased
beauty of the Ford V-8 for 1936.
In nnore practical matters, many
improvements have been made —
Steering is made easier by a new steer-
ing gear ratio. The cooling system cir-
culates 512 gallons of wcier through a
new, larger radiator. Natural thermo-
syphon action is assisted by two cen-
trifugal water pumps. New style hood
louvres permit a rapid air-flow around
the engine.
Easier, quieter shifting of Ford gears
—The gear shift lever now travels a
shorter distance.
The two qualities you want in
brakes — Brakes that stop the car with
ease and certainty. Ford Super-Safety
Brakes of the long-tested, fool-proof,
mechanical design.
Safety — as always — in the electri-
cally welded genuine steel body. Safety
Glass all around at no extra cost. Hun-
dreds have written grateful letters be-
cause this glass has protected the safety
of their families.
A car you can drive without strain
all day, if you like, in city or country.
Steady, holds the road, responds to the
driver's touch like a well trained horse.
You don't have to "push" or “light" the
Ford V-8 —driver and car easily get
on terms of good understanding with
each other.
An engine has much to do with the
roominess of a car. Very much indeed.
A long engine uses up car space. The
compact V-8 engine permits much of the
ordinary engine space to be used by
passengers.
It really is a great car in every way.
this 1936 Ford V-8 —the finest, safest,
most dependable Ford car ever built.
Now on display by Ford dealers.
LOW FORD V-8 PRICES
THIRTEEN BODY TYPES—Coupe (5 windows),
$510. Tudor Sedan, $520. Fordor Sedan. $580.
DE LUXE—Roadster (with rumble seat), $560,
Coupe (3 windows). $570. Coupe (5 windows).
$555. Phaeton. $590. Tudor Sedan. $565. Cab-
riolet (with rumble seat). $625. Fordor Sedan,
$625. Tudor Touring Sedan (with built-in
trunk). $590. Fordor Touring Sedan (with built-
in trunk), $650. Convertible Sedan. $760.
F. O. B. Detroit. Standard accessory group, including
bumpers and spare tire, extra. All Ford V-8 body types
have Safety Glass throughout at no additional cost.
Economical terms through Universal Credit Company.
0
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Smith, Carey. The Matagorda County Tribune (Bay City, Tex.), Vol. 90, No. 15, Ed. 1 Thursday, October 24, 1935, newspaper, October 24, 1935; Bay City, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1696370/m1/3/?q=%22Business%2C+Economics+and+Finance+-+Journalism%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Matagorda County Museum & Bay City Public Library.