NET WEIGHT COTTON BILL

TUESDAY, MAY 9, 1939

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON

AGRICULTURE AND FORESTRY,

Washington, D. C. The subcommittee met in the committee hearing room at 10 a. m. Present: Senator Bilbo (presiding), Hatch, and Capper. Senator BILBO. The committee will come to order.

This is a subcommittee of Senators Hatch, Capper, and myself, appointed to conduct a hearing on S. 1228, and for the purpose of the record I want to introduce first the original bill introduced in the Senate, as part of the record.

(The original bill referred to is as follows:)

[S. 1228, 76th Cong., 1st sess.]

A BILL To provide for the use of net weights in interstate- or foreign-commerce transactions in cotton, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act may be cited as the "Cotton Net Weight Act."

SEC. 2. (a) As used in this Act

(1) The term "person" means an individual, a partnership, a firm, a joint-stock company, a corporation, an association, a business trust, or an unincorporated organization.

(2) The term "interstate or foreign commerce" means commerce (A) between any State, Territory, or possession of the United States, or the District of Columbia, and any place outside thereof, (B) within any Territory or possession of the United States, or the District of Columbia, or (C) between points within the same State but through any place outside thereof.

(3) The term "cotton" means cotton of any type if produced in the United States or any place subject to the jurisdiction thereof.

(b) The act, omission, or failure to act( of any person acting for or employed by any other person within the scope of his employment or office shall, within the meaning of this Act, be deemed to be also the act, omission, or failure to act of such other person.

"SEC. 2. No person shall buy or sell, or offer to buy or sell, for shipment in interstate or foreign commerce, any cotton in bales, baled after the effective date of this Act, by any weight other than the net weight of such cotton. For the purposes of this section, net weight of a bale of cotton shall be the gross weight of such bale, including all bale covering, patches, and ties, minus the weight of such bale, covered patches and ties correctly indicated in accordance with the provisions of this Act.

SEC. 3. (a) No person shall sell, or offer to sell, any bale covering for use in the covering of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce unless such bale covering has legibly printed or stenciled on one side thereof a statement, accurate to the nearest halfpound, of the weight in pounds and half-pounds of such bale covering and a statement of the name and address of the manufacturer or authorized distributor of such bale covering.

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(b) No person shall sell, or offer to sell, any patch for use in the patching of any bale covering used to cover any cotton baled after the effective date of this Act for shipment in interstate or foreign commerce, unless such patch has legibly printed or stenciled on one side thereof a statement, accurate to the nearest quarter-pound, of its weight in pounds and quarter-pounds.

(c) No person shall sell, or offer to sell, any bale tie for use in the tying up of any bale of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce, unless such bale tie has legibly printed, stamped, or stenciled on each side thereof a statement, accurate to the nearest quarterpound, of its weight in pounds and quarter-pounds.

SEC. 4. (a) No person shall use any bale covering for the purpose of covering any bale of cotton baled by him after the effective date of this Act for shipment in interstate or foreign commerce unless such bale covering has legibly printed or stenciled on the outside thereof a statement, accurate to the nearest half-pound, of the weight in pounds and half-pounds of such bale covering and a statement of the name and address of the manufacturer or authorized distributor of such bale covering.

(b) No person shall use any patch for the purpose of patching the bale covering of any bale of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce unless such patch has legibly printed or stenciled on the outside thereof a statement, accurate to the nearest quarterpound, of its weight in pounds and quarter-pounds.

(c) No person shall use any bale tie for the purpose of tying up any bale of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce unless such bale tie has legibly printed, stamped, or stenciled on each side thereof a statement, accurate to the nearest quarter-pound, of its weight in pounds and quarter-pounds: Provided, That such statement need not be printed, stamped, or stenciled on any bale tie used for the purpose of tying up any such bale of cotton if the total weight of all bale ties used in tying up such bale of cotton is eight-and-three-quarters pounds or more and not in excess of nine and one-quarter pounds: Provided further, That for the purpose of computing the net weight of any bale of cotton, the ties of which pursuant to the preceding proviso are not marked with a statement of their weight, the weight of such set of ties shall be deemed, for the purpose of this Act, to be nine pounds.

SEC. 5. No person shall sell or ship, or deliver for sale or shipment, or otherwise introduce, in interstate or foreign commerce any bale of cotton baled after the effective date of this Act, unless the bale covering of such bale, any patch used for the purpose of patching such bale covering, and any tie used for the purpose of tying up such bale, have legibly printed, stamped, or stenciled thereon all statements required by section 4 to be printed or stenciled thereon.

SEC. 6. (a) The Secretary of Agriculture (hereinafter referred to as the "Secretary") is authorized and directed to investigate, upon complaint or otherwise, any alleged violation of this Act. For such purpose, he may (1) with the consent of the department or agency affected, utilize the service of any department or other agency of the Government and may authorize any officer or employee of any such department or agency to act as his agent, or (2) with the consent of the State or political subdivision thereof affected, utilize the services of any officer or employee or of any agency of a State or a political subdivision thereof. The Secretary shall transmit to the Attorney General, for such action as the Attorney General may deem appropriate, any evidence which the Secretary may obtain indicating that there has been a violation of the penal provisions of this Act.

(b) The Secretary is authorized to make such investigations and tests, and to give such demonstrations, as he may find necessary for the purpose of carrying out the provisions of this Act or of demonstrating to interested persons the practices in which they will be compelled to engage in order to conform to the provisions of this Act.

(c) The Secretary is authorized to prescribe such regulations, consistent with the provisions of this Act, and to employ such officers and employees, as may be necessary in order to enable him to carry out such provisions.

SEC. 7. Any person who shall knowingly violate any provision of sections 2, 3, 4, or 5, or any regulation prescribed under section 6 (c) of this Act, or who shall assault, impede, resist, interfere with, or influence improperly any person employed in carrying out the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500.

SEC. 8. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

SEC. 9. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

SEC. 10. This Act shall become effective ninety days after the date of its enactment.

Senator BILBO (continuing). Since the introduction of the bill and receiving suggestions and criticisms from friends of the principle of net weight, I have prepared a list of amendments, and have redrafted the bill, incorporating the amendments, and I am going to ask that the bill as amended be placed in the record as a substitute for the original bill, striking out everything after the enacting clause and inserting this bill as the bill that will be considered.

(The amended bill referred to is as follows:)

[S. 1228, 76th Cong., 1st sess.]

A BILL To provide for the use of net weights in interstate or foreign commerce transactions in cotton, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That—

(a) This Act may be cited as the "Cotton Net Weight Act."

(b) As used in this Act

(1) The term "person" means an individual, a partnership, a firm, a jointstock company, a corporation, an association, a business trust, or an unincorporated organization.

(2) The term "interstate or foreign commerce" means commerce (A) between any State, Territory, or possession of the United States, or the District of Columbia, and any place outside thereof, (B) within any Territory, or possession of the United States, or the District of Columbia, (C) between points within the same State but through any place outside thereof, or (D) directly affecting, burdening, or obstructing commerce of the character referred to in clauses (A), (B), or (C) of this paragraph.

(3) The term "cotton" means cotton of any type if produced in the United States or any place subject to the jurisdiction thereof, exclusive of cotton linters and cotton waste.

(c) The act, omission, or failure to act, of any person acting for or employed by any other person within the scope of his employment or office shall, within the meaning of this Act, be deemed to be also the act, omission, or failure to act of such other person.

SEO. 2. No person shall buy or sell, or offer to buy or sell, for shipment in interstate or foreign commerce, any cotton in bales, baled after the effective date of this Act, by any weight other than the net weight of such cotton. For the purposes of this section, net weight of a bale of cotton shall be the gross weight of such bale, including all bale covering, patches, and ties, minus the weight of such bale covering, patches, and ties correctly indicated in accordance with the provisions of this Act.

SEC. 3. (a) No person shall sell, or offer to sell, any bale covering for use in the covering of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce unless such bale covering has legibly printed or stenciled on one side thereof, or on tags attached thereto in accordance with regulations to be promulgated by the Secretary of Agriculture (hereinafter referred to as the "Secretary"), a statement, accurate to the nearest half-pound of the weight in pounds and half-pounds of such bale covering and a statement of the name and address of the manufacturer or authorized distributor of such bale covering.

(b) No person shall sell, or offer to sell, any patch for use in the patching of any bale covering used to cover any cotton baled after the effective date of this Act for shipment in interstate or foreign commerce, unless such patch has legibly printed or stenciled on one side thereof, or on tags attached thereto in accordance with regulations to be promulgated by the Secretary, a statement,

accurate to the nearest quarter-pound, of its weight in pounds and quarterpounds.

(c) No person shall sell, or offer to sell, any bale tie for use in the tying up of any bale of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce, unless such bale tie has legibly printed, stamped, or stenciled on each side thereof, or on tags attached thereto in accordance with regulations to be promulgated by the Secretary, a statement, accurate to the nearest quarter-pound, of its weight in pounds and quarterpounds; provided that such statement need not be printed, stamped, or stenciled on any bale tie or tags attached thereto, if such bale tie is of such weight that the number thereof ordinarily used in the ordinary manner in tying up a bale of cotton will weigh not less than eight and three-fourths pounds and not more than nine and one-quarter pounds.

SEC. 4. (a) No person shall use any bale covering for the purpose of covering any bale of cotton baled by him after the effective date of this Act for shipment in interstate or freign commerce unless such bale covering has legibly printed or stenciled on the outside thereof, or on tags attached thereto in accordance with regulations to be promulgated by the Secretary, a statement, accurate to the nearest half pound, of the weight in pounds and half pounds of such bale covering and a statement of the name and address of the manufacturer or authorized distributor of such bale covering.

(b) No person shall use any patch for the purpose of patching the bale covering of any bale of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce unless such patch has legibly printed or stenciled on the outside thereof, or on tags attached thereto in accordance with regulations to be promulgated by the Secretary, a statement, accurate to the nearest quarter pound, of its weight in pounds and quarter pounds.

(c) No person shall use any bale tie for the purpose of tying up any bale of cotton baled after the effective date of this Act for shipment in interstate or foreign commerce unless such bale tie has legibly printed, stamped, or stenciled on each side thereof, or on tags attached thereto in accordance with regulations to be promulgated by the Secretary, a statement, accurate to the nearest quarter pound, of its weight in pounds and quarter pounds: Provided, That such statement need not be printed, stamped, or stenciled on any bale tie used for the purpose of tying up any such bale of cotton or on tags attached to such bale tie if the total weight of all bale ties used in tying up such bale of cotton is eight and three-quarters pounds or more and not in excess of nine and onequarter pounds: Provided further, That for the purpose of computing the net weight of any bale of cotton, the ties of which pursuant to the preceding proviso are not marked with a statement of their weight, the weight of such set of ties shall be deemed, for the purposes of this Act, to be nine pounds.

SEC. 5. No person shall sell or ship, or deliver for sale or shipment, or otherwise introduce, in interstate or foreign commerce any bale of cotton baled after the effective date of this Act, unless the bale covering of such bale, any patch used for the purpose of patching such bale covering, and any tie used for the purpose of tying up such bale, have legibly printed, stamped, or stenciled thereon, or on tags attached thereto, all statements required by Section 4 to be printed, stamped, or stenciled thereon or on tags attached thereto.

SEC. 6. (a) The Secretary of Agriculture is authorized and directed to investigate, upon complaint or otherwise, any alleged violation of this Act. For such purpose he may (1) with the consent of the department or agency affected utilize the service of any department or other agency of the Government and may authorize any officer or employee of any such department or agency to act as his agent, or (2) with the consent of the State or political subdivision thereof affected, utilize the services of any officer or employee or of any agency of a State or a political subdivision thereof. The Secretary shall transmit to the Attorney General, for such action as the Attorney General may deem appropriate, any evidence which the Secretary may obtain indicating that there has been a violation of the penal provisions of this Act.

(b) The Secretary is authorized to make such investigations and tests and to give such demonstrations as he may find necessary for the purpose of carrying out the provisions of this Act or of demonstrating to interested persons the practices in which they will be compelled to engage in order to conform to the provisions of this Act.

(c) The Secretary is authorized to prescribe and promulgate such regulations, not inconsistent with the provisions of this Act,, as he may deem necessary in order to enable him to carry out such provisions, including regulations with