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COTTON EXEMPTIONS, APPEALS, AND COMPENSATION OF GINNERS

WEDNESDAY, FEBRUARY 20, 1935

HOUSE OF REPRESENTATIVES,
COMMITTEE ON AGRICULTURE,
Washington, D. C.

The Committee on Agriculture met at 10:30 a. m., in the committee room, New House Office Building, Hon. Marvin Jones (chairman) presiding.

The committee had under consideration H. R. 5578, as follows:

[H. R. 5578, 74th Cong., 1st sess.]

A BILL To continue the Cotton Control Act, to exempt a limited quantity of cotton from the tax thereunder, to provide for the better administration of such Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second and third sentences of section 2 and the first sentence of section 3 (a) of the Act entitled "An Act to place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes ", approved April 21, 1934, as amended, are amended by inserting after the phrase "the crop year 1935-1936", wherever such phrase appears, the phrase 66 or the crop year

1936-1937."

SEO. 2. (a) Section 4 of such Act, as amended, is amended by inserting at the end thereof the following new subsection:

"(h) If the allotment of tax-exempt cotton to land of any producer of cotton (on his behalf as share-cropper or tenant) is less than two bales for the crop year 1935-1936, there shall be exempt from the tax imposed under this Act so much of the cotton harvested on such land during such crop year as is in excess of the allotment but not in excess of two bales. No producer shall be entitled to exemption certificates on the amount of cotton exempt from tax under this subsection, but, upon proof of the right to exemption under this subsecion in accordance with regulations prescribed by the Secretary of Agriculture and the Secretary of the Treasury, bale tags shall be issued for such cotton. For the crop year 1935-1936, the quantity of cotton allotted under section 3 (a) shall include the amount which the Secretary of Agriculture estimates will be tax-exempt under this subsection and the amount of cotton apportioned under section 3 (b) shall be the amount so allotted minus the amount of tax-exempt cotton so estimated."

(b) Section 23 of such Act, as amended (relating to the definition of "bale "), is amended by inserting after "3," in the last sentence thereof "4 (h).".

SEC. 3. Section 6 of such Act, as amended (relating to allotments to producers) is amended by inserting "(a)" before the first sentence thereof, and by inserting at the end thereof the following new subsections:

"(b) (1) The Secretary of Agriculture is authorized and directed to establish, as soon as practicable, in each State a board to be known as the 'Allotment Appeals Board', which shall consist of a representative of the Department

of Agriculture designated by the Secretary, and, with the consent of the State, the attorney general of the State or a person designated by him, and the secretary of agriculture of the State or a person designated by him.

"(2) Subject to such rules and regulations as the Allotment Appeals Board may prescribe relating to the time, place, and manner of hearing and disposing of appeals, any producer of cotton or any share-cropper or tenant who has been granted an allotment by, or whose application for an allotment has been denied by, the county committee, may appeal to such Appeals Board from the action of the county committee. The Appeals Board shall consider such appeal and, on the basis of the law and facts, shall affirm, modify, or set aside the action of the county committee. The decision of the Appeals Board shall be final and the Secretary of Agriculture shall make provision for carrying out such final decisions.

"(3) The members of the Appeals Board shall be allowed compensation at the rate of $5 per day while actually engaged in the work of the Board, except that the representative of the United States Department of Agriculture shall be paid such compensation as the Secretary may fix. Subject to the approval of the Secretary of Agriculture, the Appeals Board may appoint such clerical and stenographic assistants as may be necessary and may incur such expenses as may be necessary. An itemized statement of salaries and other expenses so incurred shall be submitted to the Secretary of Agriculture at such times as he may require and shall, when allowed by him, be paid out of moneys available for administrative expenses under this Act.

"(c) The allotment to each producer in each county for the crop year 19351936 shall be made public either by posting on the Bulletin Board of the Court House in that county, or by publication once in a newspaper of general circulation within the county, the name, address, and amount of allotment to each producer."

SEC. 4. Section 9 (d) of such Act, as amended (relating to transfer of exemp tion certificates), is amended by inserting after the first sentence thereof the following new sentence: "No rule or regulation of the Secretary of Agriculture shall prohibit the transfer or assignment by a cotton producer of certificates issued or reissued by him to another cotton producer who is a resident of the same State."

SEC. 5. Section 17 of such Act, as amended, is amended by inserting "(a)" before the first sentence thereof and by inserting at the end thereof the following new subsection:

"(b) Appropriations for administrative expenses under this Act are authorized to be made available to enable the Secretary of Agriculture to pay any person, who, in connection with the operation of any cotton gin, was obliged to collect tax imposed under this Act on any cotton harvested during the crop year 1934-1935 or during the crop year 1935-1936, and who applies to the Secretary therefor, compensation for the collection of such tax at the rate of 25 cents per bale of four hundred and seventy-eight pounds (and fractional parts of a bale in proportion) for collecting the tax on each such bale."

The CHAIRMAN. The committee will come to order, please. A number of Members of the Congress have spoken to me about various suggestions which they have to make and have requested hearings on the Bankhead bill. In view of the interest and the number of bills that have been filed the committee felt it would be proper to have some hearings and have some of the administrative officers appear in connection with the subject.

We have bills pending which affect the matter in various waysbills by Mr. Doxey, Mr. Vinson, Mr. Miller, Mr. Martin, of Massachusetts

Mr. DOXEY. That bill does not apply, however. That has to do with processing.

The CHAIRMAN. Also a bill by Mr. Whelchel, of Georgia; Mr. Colmer, of Mississippi; and Mr. Eagle.

Mr. DOXEY. Mr. Eagle's bill does not apply to this matter. The CHAIRMAN. Also a bill by Mr. Johnson, of Texas; a bill by Mr. Zimmerman, of Missouri; one by Mr. Cartwright; and I un

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