Page History: James Weir

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Page Revision: Sunday, 30 June 2013 19:20

Little can be found about James Weir online.

Speech Relevance

Weir is mentioned in 'A Time For Choosing':

How many of us realize that today federal agents can invade a man's property without a warrant? They can impose a fine without a formal hearing, let alone a trial by jury, and they can seize and sell his property in auction to enforce the payment of that fine. In Chicot County, Arkansas, James Wier overplanted his rice allotment. The government obtained a $17,000 judgment, and a U.S. marshal sold his 950-acre farm at auction. The government said it was necessary as a warning to others to make the system work.

According to court documents, Weir had a 10-acre rice allotment. In 1959, the government claimed he planted much more rice than that (no specified amount) and filed suit against Weir under the Agricultural Act of 1938. Weir resisted the suit, contending multiple issues:

1. that the Act was unconstitutional
2. that the Act imposed no personal liability for penalties on farmers who produced commodities in violation of the Act
3. that the rice produced by him in 1959 was intended to be sold as seed rice and was not covered by the Act
4. that he did not plant as much rice as the Government contended
5. that he had been discriminated against by the local officials administering the rice program in Chicot County.

The government filed for summary judgment and was awarded over $16,900. Weir appealed.

Source Links

Documentation on United States V. Weir United States V. Weir November 14, 1963 District Court Kelly V. Weir July 15, 1965 Agricultural Adjustment Act of 1938 (Wikipedia)