Word: bankhead
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Dates: during 1930-1939
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...prohibitive tax (5? per lb.) on his remaining 1,800 bales would have cost him $45,000. Therefore he took ten bales to the railroad, asked to have them shipped to New Orleans for transshipment to Liverpool. The Texas & New Orleans refused to take the consignment because the Bankhead Act forbade it to transport cotton that does not bear tags, either tax-free or tax-paid...
Farmer Moor sued the railroad to make it transport his cotton on the ground that the Bankhead Act was unconstitutional. Courts upheld the railroad on the ground that Plaintiff Moor either should have paid his tax first and then sued to recover from the Government, if the law was unconstitutional, or sued the railroad for damages...
...learned Justices chuckled. They questioned Mr. Hardie with interest about the facts of the case. Then Lawyer Henry Hackney argued for Farmer Moor that the Bankhead Act was unconstitutional: it was not a tax to raise revenue but to prevent the raising of cotton; it was an illegal attempt by the Federal Government to regulate farmers who are not engaged in interstate commerce. With equal interest the Justices made inquiries about the terms of the law. Next came the railroad's turn. Its lawyer made no attempt to defend the Bankhead Act, simply contending that unless the Court should...
...friend of the court" Solicitor Reed appeared on behalf of the Government to defend the Bankhead Act. He told the Court that its prerogative to declare a law unconstitutional should not be exercised except with the utmost care and for the gravest reasons. Very sour indeed were the faces of the Justices at being thus instructed in their duties. As a reason for the Court's not passing on the validity of the law, he advanced the argument that the Moor case was a "non- adversary proceeding; that is, a collusive suit between the plaintiff and the defendants...
railroad did not defend the Bankhead...