*2 adopted government’s We have Knauf, Harry McClean, E. V. J. analysis act, description brief’s of the the Haas, Cal., Angeles, Erwin H. all of Los order and showing statement of fact Wenzlaff, Henry Bernardino, of San industry appel- condition of the citrus Cal., McClean, by Harry of Los Angeles, J. lant’s relation to it and the existence of Cal., appellant. justiciable controversy, because of the ex- Hall, Atty., M. Peirson U. S. of Los An- summary cellence of the and the admission Cal., Hunter, geles, and W. Carroll Atty., acceptance by appellant and and at the in his briefs Dept, Agriculture, U. S. of Washington, hearing of the facts as stated. C., Berge D. and Wendell S. L. John Applicable I. Provisions of the Act. Yost, Sp. Atty. Gen., Assts. to Mastin Act, Agricultural Adjustment White, Sol., Dept, G. U. S. of Agriculture, enacted, approved originally May Blandí, Joseph Atty., G. Dept, U. S. (48 seq.). Stat. 7 U.S.C.A. 601 et Agriculture, Washington, C., both of D. has been amended The act from.time to the United States. time, but, case, purpose Adams, Jacksonville, Fla., Thos. B. important amendatory most August act is that of Parrish, Ellis and Wm. N. Jr., both J. J. (49 750). 1935. Stat. The act Orlando, Fla., amici curiae. many provisions applicable contains GARRECHT, DENMAN, applicable Before and this case. are set HANEY, Circuit Judges. forth in the footnote hereto.1 These May 12, August Agricultural Adjustment Act of amended “Title I— Declaration of Emer- [§601]. 48 Stat. “Sec. Stat. gency. present seq. acute economic emer- U.S.C.A. et in Title The act first recites principally found that the normal cur- visions 1, 1, 2, 8b, agricultural rents commerce in commod- (7 8c U.S.C.A. sections §§ ities 601, 602, 608b, have been burdened and obstructed 608c). geney being struets, interstate consequence affects, part *3 increasing commodity product between commerce in such or disparity severe and agree- making agricultural any other com- of such of and thereof. prices the largely de- ment not be in violation has shall be held to disparity modities, purchasing any farmers of of the of the antitrust of Unit- stroyed power the laws agreement shall any broken down ed and such States, for industrial has products, Provided, exchange and be be deemed to lawful: orderly commodities, the of agreement remain in force agricultural such shall has the seriously impaired [chap- after the termination of this Act supporting national credit assets carrying ter]. purpose Eor of out these hereby it is declared that structure, agreement agri- any parties such thereto industry of in the basic conditions eligible agri- shall be for loans from the Recon- in culture have affected transactions Corporation struction Finance under sec- pub- national cultural commodities with a Cor- the Reconstruction Finance and obstructed lic have burdened interest, 15]. Title poration [section Act 605 of in such normal commerce currents not in excess of such Such loans shall be imperative render and commodities, amounts as may be authorized this title I of immediate enactment agreements. ;,liis chapter.] Act ! (1) 608c], Orders. r§ “Sec. 8c 602.] of Pol- 2. Declaration [§ “Sec. Agriculture subject to Secretary shall, pol- icy. hereby declared to be of this and Congress— issue, section, icy of from time to applica- time orders amend, (1) Through pow- the exercise ble to Agri- processors, produc- associations Secretary upon ers conferred engaged handling and others ers, es- culture under this title to [chapter], agricultural of any commodity or product be- maintain such balance tablish and specified thereof in subsection consumption tween the and in persons section. are referred Snell agricultural mar- and such commodities, this title ‘handlers.’ [chapter] as Such keting re- will therefor, conditions as regulate, orders here- shall the manner to farmers a level prices establish only inafter in this section such give agricultural provided, pur- (cid:127)will commodities handling agricultural commodity, chasing respect with to articles product or as in the current thereof, pur- equivalent farmers buy, foreign agricultural or or chasing commerce, interstate commodi- power of directly or af- burdens, obstructs, period in the base The base period. ties foreign interstate or agricultural fects, commerce commodi- in the ease of all commodity product such or thereof. except ties tobacco and potatoes “(2) August Applicable. Commodities to which 1909-,Tuly prewar period, issued to this section Orders In and pota- the case of tobacco following only shall be applicable toes, period postwar the base shall be the agricultural August commodities prod- 1919-July 1929, and, period, (except ucts products thereof of naval the ease of all for which the commodities stores), regional, August any or or market base period prewar period, any or commodity classification July will also cur- reflect (including fruits product: Milk, pecans rent on farm payments per interest acre including walnuts apples but secured real estate indebtedness including other fruits, payments tax acre on farm real es- vegetables canning), for olives, tobacco, as with tate, contrasted interest including (not vegetables, than as- payments and tax payments * * * paragus, canning), soybeans and naval period. base stores as included 608b], Stores “Sec. effect- Naval [§ 8b [sections 91 to 99 of this title], declared this uate title Agriculture (includ- standards established thereunder [chapter], oleoresin). refined or refined partially shall have after due notice power, Hearing. hearing, “(3) Notice enter Whenever opportunity into Agriculture agreements reason with processors, to believe that the issuance of an order associations producers, producers, handling effectuate pol- tend to the declared any others .will agricultural icy title [chapter] respect commodity product or there- handling any commodity or thereof to such of, foreign subsection of this section, is in the current of interstate give oppor- he shall due notice of and an burdens, or which ob- directly commerce suited in prices of the substantial destruction disparity between the severe purchasing power for industrial prices farmers and the agricultural commodities breaking of the or- disparity has re- down products which industrial “(C) Allotting, providing upon proposed tunity hearing or- methods for a allotting, amount of der. size, commodity product, grade, Finding “(4) of Order. Issuance' quality opportunity handler which each After such notice transport hearing, market finds, all interstate and sets markets the current of if he shall issue an order directly foreign evidence commerce or so as forth burden, obstruct, hearing (in interstate or addition or affect introduced at specif- findings to such other ically *4 product thereof, by section) rule required the under a uniform this upon such based the amounts which each and all of of issuance such ship- handler has available for current tend and thereof will terms conditions by ment, upon shipped or the amounts of declared effectuate the prior period each [chapter] com- such handler in such to such title * * * Secretary rep- modity. as the resentative, determines .to both, “(6) or to the end Terms—Other Commodities. commodity quantity pecans (including total or and of such ease of fruits any apples grade, quality including product, size, and or or walnuts but transport- olives, thereof, including fruits, for to be marketed in or than other any canning) products, and ed to or all markets in the current tobacco their and including foreign (not vegetables products, of interstate or or as commerce so its vegetables, directly burden, asparagus, obstruct, for or affect in- soybeans foreign products, canning) or terstate commerce and their commodify any product thereof, during products, as or and naval their stores and specified period periods equita- [sec- or shall be in the Naval Stores included bly apportioned among and stand- all the handlers title] tions 91 (including re- thereof. thereunder ards established providing oleoresin), “(D) Determining, partially or- meth- or refined fined or determining, pursuant for and section shall ods the existence to this ders issued following surplus any com- extent of the modity such one or more contain pro- any grade, size, product, conditions, (except or or and as terms quality thereof, providing (7)) for others: or in vided subsection ’ disposition surplus, providing Limiting, “(A) methods control and of such or quantity equalizing of, burden such total and for the limitation for commodity surplus among any product, or of or control or elimination such of any pro-' thereof, producers - quality grade, size, thereof. or handlers any specified period pe- providing during Establishing, “(E) or or for the duced riods, any of, pools in or reserve be marketed establishment any commodity product, transported markets in the dr or of or all such foreign grade, size, quality thereof, commerce or interstate or current directly obstruct, viding equitable burden, or for distribution of as or' so in the net return derived from the sale interstate or affect beneficially among persons commodity product thereof, dur- thereof or such ing period periods by any specified all or interested therein. agricultural “(7) In the- case handlers thereof. ' providing Allotting, “(B) thereof or methods commodities and specified allotting, com- in orders shall the amount of such for subsection. pr any modity following product, grade, size, or or one more of the or contain quality thereof, conditions: which' each handler terms Prohibiting “(A) purchase unfair methods from or handle on behalf competition practices during producers thereof, and unfair trade in and all handling any specified period periods, thereof. or under a Providing (except upon “(B) for milk amounts uniform rule based produced consumption producers for and cream to be sold in or sold such commodity form) Secretary prior period such or deter- fluid such as the quality size, representative, grade, or or mines to be pro,- production thereof shall be sold the handlers of such current sales prices by. only ducers, both, filed such hand- total thereof to the end that provided purchased quantity manner such or- lers thereof to be during any specified period or der. handled ’ Providing equitably “(0) periods apportioned the selection shall be Secretary Agriculture, among producers. method It then culture of derly regulating orders exchange prescribed commodities. of all policy, only manner such provision, handling specified agri- in its declaration makes Agri- cultural commodities is in issuance the current of agen- agency selection, producers), ior the three-fourths of dur- powers representative defining period and du- their cies determined powers: ties, Secretary, engaged, shall include have been production (i) specified within order in accord- T.o administer such area provisions; marketing agreement ance with its terms and regulations production (ii) the modity To make rules market of com- specified therein, who, effectuate the terms representative order; period, such gaged have been en- report investigate, receive, production (iii) To of such commod- ity Agriculture speci- sale in the area plaints order; marketing agreement, fied or or- violations der, (iv) To recommend to “(B) By producers who, during such order. amendments to representative person acting produced period, a member of an “No have agency para- to this market at least established two-thirds of the volume acting graph (C) produced to be shall bo deemed for market capacity, mean- in an within the official area *5 ing title, marketing agreement (g) such order, of this of section 10 or [6101 or compensation who, during person representative period, such unless such receives produced personal have from funds his services least two-thirds of commodity the volume of the United States. such sold with- marketing specified “(D) in to, not inconsistent Incidental area specified marketing agreement with, the terms and conditions or order. “(9) (7) (3), (6), and and neces- in subsections Orders with or Without Market- ing Agreement. sary provisions Any pur- to order effectuate the issued suant such order. this section shall become effec- Except provided notwithstanding “(8) that, tive in in subsection the event as pur- (ex- section, refusal or order issued failure handlers of this cluding cooperative pro- effec- shall become associations suant this section cooper- engaged (excluding processing, ducers who are not in tive the handlers until distributing, shipping producers commodity who are or ative associations of product by engaged distributing, processing, or order) or thereof covered such in per commodity product shipping of more than the vol- or there- centum by commodity product order) ume of of covered such of not less than or there- (except per pro- of the com- centum of volume as to citrus fruits by any modity producing product duced in covered such or thereof area what is produced per or marketed known as order which is California citrus fruits said production marketing per centum) or area centum shall be 80 covered signed produced in have a mar- such order defined such order which is or mar- keting pursu- production agreement, into keted entered within the or market- ing title, sign ant section of this area defined [608b] 8b in such order to a marketing regulates handling agreement relating which commodity of such to such product commodity product in or the same man- or on which hearing except order, held, Secretary ner as such that as citrus been any produced producing Agriculture, approval fruits in area President, known what is as California citrus fruits determines: pursuant “(A) sign no order issued this subsec- the refusal or failure marketing agreement (upon tion shall become effective until which a per hearing held) handlers of not loss centum has been the handlers commodity (excluding cooperative of such or of the volume associations product engaged producers proc- such thereof covered order who are not marketing signed agreement: essing, shipping distributing, such a have or the com- modity pursuant product Provided, That no issued or thereof covered order) per such of more to this subsection shall effective unless than 50 centum commodity prod- of the volume of determines or approv- (except the issuance order is duct thereof that as to of such citfus produced producing or ed favored: fruits area By “(A) pro- at least two-thirds of the what is known California as citrus fruits per (except centum) ducers who as centum said specified shall be 80 citrus produced produced producing fruits area therein which is or production what is known marketed keting r- as California citrus fruits within the or ma approved specified pre- said order must area he or favored therein tends commerce, lishing interstate or or which and maintaining marketing con- directly ditions for affects such commerce in such com- such commodities will re- prices purpose modities. establish This is for the of estab- to farmers at a level that pol- may be, commodity product vent the icy declared effectuation of the or effectively carry com- would of this to such title de- out modity product, [chapter]. or clared of this title “(B) Except “(B) order is of such That the issuance milk the case of advancing only practical products, means orders issued under producers applica- section of such interests shall be limited in their policy, modity pursuant regional production tion to declared smallest approved regional marketing areas, areas or both, or favored: By “(i) be, at least as the case two-thirds Sec- retary consistently (except practicable, fruits that as to citrus finds ducers produced producing carrying policy. what area out such declared “(0) or- said known as California citrus fruits All orders issued under this sec- approved applicable tion favored der must be to the same who, commodity product producers) dur- shall, three-fourths of the thereof so representative period practicable, prescribe far determined such differ- engaged, Secretary, terms, applicable produc- ent have been to different specified production marketing tion areas, areas within the area as the order, marketing agreement necessary give finds due recognition production produc- commod- for market of the the ity specified to the differences in during who, therein, marketing commodity of such n representative period, been have in such areas. “(12) Cooperative Repre- Association Whenever, area sentation. sale in the to. marketing agreement, section, By producers who, required “(ii) approval to determine the *6 produced representative disapproval producers period, for have with any any order, volume the market at two-thirds issuance of least or term or commodity produced 'thereof, market for condition of such or termination production specified thereof, Secretary in within the area shall consider the marketing agreement order, approval disapproval by any coopera- or or such who, or representative period, producers, tive such association of bona fide produced engaged marketing commodity least in have two-thirds or commodity product by order, of such sold volume thereof covered such or marketing specified rendering advancing in such area services for or agreement marketing producers or order. interests of such com- Ap- Regulation modity, “(10) approval disapproval Manner of as the or producers plicability. of, order be issued un- No shall who are members stock- regulates in, with, unless it holders der this section or under‘contract such commodity product cooperative handling producers. or association of as, thereby “(13) Exemp- in the same manner covered Retailer and Producer persons applicable (A) and is made tion. No order issued sub- under respective appli- or in the classes industrial section of this section shall be activity specified any in, person agricultur- a mar- commercial cable to who sells hearing keting agreement upon which a al commodities or thereof at capacity retailer, been held. No order shall issued be retail his as such ex- prohibiting, regulating, cept capacity under restricting or this title to a retailer in his as a any advertising products. the product com- retailer of milk and its modity thereby, “(B) or covered nor No order issued under this title any marketing agreement [chapter] applicable any pro- shall contain shall be any provision prohibiting, regulating, capacity producer. or ducer his as a advertising any restricting “(14) Any Violation of Order. handler modity product by subject or covered mar- such to an order issued under this sec- keting agreement. tion, any officer, director, agent, or or Regional Application. (A) employee “(11) handler, No of such who violates any provision (other issued under section order shall be this of such order than a applicable production provision calling payment pro which is all of a marketing any areas, both, expenses) shall, areas or or rata share of tion, on convic- commodity thereof unless the be fined not less $50 than or more Secretary violation, finds that the issuance of sev- for each such $500 applicable respective day during eral orders each which such violation regional production regional separate areas or continúes shall be deemed a marketing both, areas, Provided, violation: if as the case the court period, case, pre-war this purchasing period give commodities a will such Au- buy gust, 1909, July, protection respect to farmers 1914. The articles with prior provided consumer equivalent require- which a to that obtained proceedings petition pursuant par- ed in to subsec- between the finds a same ties, covering subject filed tion prosecuted of this was section same mat- good ter, pursuant faith instituted the defendant to this subsec- penalty (15). delay, be shall and not imposed for such under subsection “(16) Termination of Orders and Mar- date occurred between violations Agreements. keting (A) Secretary petition upon was which the defendant’s Agriculture shall, whenever he finds Secretary, date filed any section, order issued under this Secretary’s rul- notice provision any obstructs given defendant thereon does policy tend to effectuate the declared regulations prescribed accordance with title, suspend of this terminate or (15). to subsection operation pro- such “(15) and Review. vision Petition Handler thereof. subject Any (A) to an order handler “(B) shall terminate petition file a written with the marketing agreement entered into under Agriculture, stating title], section [608b 8b or order is- any provision such order order or section, sued under this at the end of the imposed any obligation connection marketing period then current for such with law accordance specified therewith not in commodity, marketing in such praying agreement modification thereof for a order, whenever he finds therefrom, exempted lie shall or to be that majority such termination is favored a given opportunity thereupon producers who, during hearing upon petition, representative in accordance period determined regulations Secretary, engaged made have been approval production Agriculture, commodity for market of the hearing, marketing After the Sec- agreement President. ruling upon retary shall spec- make within the area petition prayer marketing agreement ified in such or or- final, law. der, accordance with who, during if in representative period, have been “(I?) The District Courts the Unit- duction of such (including Supreme for sale with- ed States Court *7 specified in any area in Columbia) in such dis- the District of marketing agreement Provided, or order: is an trict in which such handler inhabi- majority have, during such tant, principal place such or has his of busi- representative period, produced hereby jurisdiction ness, for mar- are with vested per ket than more ruling, provided centum of vol- equity to such in review commodity produced of such ume equity purpose in a bill for that is filed speci- market within the twenty days area within from the date of the marketing agreement in fied such entry ruling. process or or- of such Service der, have, during representative or such proceedings may upon such had in bo produced period, more than 50 cen- by delivering Secretary copy to him a tum of the volume of such complaint. bill If the court de- specified sold area ruling that such not termines is ac- marketing agreement such order, or but law, with it cordance shall remand such such termination shall bo effective proceedings Secretary to the with direc- if announced on or (pri- before such date (1) ruling tions either to such as make or to the end of the then current mar- the court shall determine to be in accord- keting may period) specified as be law, (2) with ance such take fur- marketing agreement or order. proceedings as, opinion, ther in its “(C) requires. suspension pendency proceed- The termination law any ings pursuant order or amendment instituted thereto to this subsec- thereof, (15) impede, hinder, vision shall not be tion shall not an considered delay meaning Secretary order within the the United States or the this section. obtaining pur- relief Applicable “(17) Provisions to Amend- (6) [CC8n(6)] suant provisions section 8a of this section, ments. of this Any proceedings brought pursuant 8d, title. [G08d, section and section 8e and 608e (6) (6)] 8a applicable to section [608a of this title] title of this to orders shall brought by way (except applicable where of coun- he to amendments to orders: proceedings pursu- terclaim in Provided, instituted hearing upon That notice of a (15) proposed ant to this any subsection shall abate amendment order is- a final whenever decree has been render- sued [this section]. to section 8c regula- manner of 608c(2). The desired U.S.C.A. approach 'to the § gradual of a ment appli- As carefully tion circumscribed. power and purchasing of farmer level limita- case, may (a) be has for cable this there any which action prohibition any such higher quantity tion of com- the total of a purpose the establishment modity may be marketed in or trans- 2), (1, 8c U.S.C.A. Sections level. (cid:127) ported any in the current or all markets (1,2). 608c §§601, commerce, or so as of interstate only, empowered Secretary directly to affect such commerce such such orders. Section required, to issue but commodity, (b) allotment 4). (1, Orders 4) 608c (1, 7 U.S.C.A. 8c § quantity among under a uni- total handlers reg- cooperation with may be issued also quantity form rule based and under jurisdiction, ulations ship- for current each handler has available any (i) authority, of state. Section ment, quantity may to the end that the total 610(i). 7 U.S.C.A. § among equitably apportioned all handlers. be processors, as applicable to are Orders C),' 608c (6) (A, U.S.C.A. Section 8c producers, others sociations (A, special provisions C). There are commodities, and handling such (5), for milk. Section 8c U.S.C.A. § such, capacity as are their producers, (5). c regulation. Sec exempted from specifically 608c(1), 7 U.S.C.A. (1), (13)(B), 8c tion may provide (a) The order for the selec- (B). Secretary agency of an to ad- order, (b) minister subj regula- to such ect The commodities payment agency by milk, exceptions, each handler tion, inapplicable are with tobacco, soy pro his fruits, vegetables, expenses rata share of fresh of ad- fresh (2), ministering beans, expenses 8c stores. Section naval days prior “(i) Agriculture upon given less than three request hearing, duly shall be fixed for constituted au- directed, the date thorities of notice thereof.” State or- deemed due der (b) “(2) issued effectuate the Each order declared See. 10. [chapter] [chapter] this title title and in under to obtain subject uniformity formulation, provide handler each adminis- authority pay tration, enforcement of Federal and thereto shall programs relating regula- State agency order such under such established approved handling agricultural pro (as tion of the rata share handler’s expenses Secretary) as the modities of such to confer necessarily joint hearings in- and hold find will duly authority agency, State, dur- constituted authorities of curred cooperate him, period ing any and is authorized to with such authorities; functioning accept utilize, au- maintenance expenses thority agency, State, the consent State and holding, receiving, handling, employees local officers and incurred *8 any quantity necessary; disposing of a avail to himself of rec- held, modity handled, received, authorities; dis- ords and facilities agency authority (subject by provisions posed issue orders such to the ’of title]) comple- persons of [608c other section 8c of this account of the benefit mentary subject regulations order. orders or to such other handlers by by the-expenses payable authorities; pro issued such of and to rata share make producers cooperative of available association State authorities a the computed Department the and basis of records facilities on the shall quantity commodity agricultural Agriculture: Provided, of informa- by Secretary Agri- such order tion to the covered furnished thereof of processed, ship- pursuant distributed, (1) culture to section is 8d hereof which ped (1) cooperative by [608d title] of be made association avail- authority Any agency producers. able to the extent that such informa- name, may tion in its own is relevant maintain transactions within against members, regulatory jurisdiction suit a of its names of such au- subject only upon thorities, order for the then and handler a written pro agreement by rata of such handler’s collection authorities expenses. kept The several District information so furnished of shall be share hereby by are States confidential them in a of the United manner Courts similar required jurisdiction entertain such to that of Federal officers vested employees provisions regai amount in contro- under of dless of the section suits * * * versy. (2) [60Sd title].” 8d hereof of respecting Secretary, (c) for which penalty any by handler tlie determined competi- (a) have immunity of pendency of unfair methods prohibition petition han- a filed practices him Secretary unfair trade with the regulation, alleging invalidity under or- dling in- der (b) judicial are a matters as review of (d) ruling for such with, Secretary to, petition. inconsistent on the Section 8c cidental (14, 15), ef- necessary to provisions U.S.C.A. (14, 15). 608c foregoing § and 10 8c the same. Sections fectuate The validity agreements of marketing (2). (b) (7), 608c (2), 7 U.S.C.A. (b) §§ and licenses issued under the de- any order effectiveness the act before August amendment of by the Sec- upon determination pendent 1935, and outstanding at the time of such approved or favored retary the order amendment, together with any act done or volume percentage in number given by a pursuant thereto either before or after the volume (two-thirds producers act, of the amendatory enactment pre- execution of upon case), instant served amendatory act Public No. like manner marketing agreement, with Congress, 38, 74th 49 Stat. § by the entered into regulation, C.A. note). 608§ percentage of vol- given aof with handlers Applicable II. The cent, Provisions the Or- the instant case (80 ume der. However, an or- fruits). citrus California approval, der, requisite producer having the The order is known as 2—Or- Order No. of han- may, notwithstanding the refusal der Regulating Handling of Oranges and sign a market- volume in sufficient dlers Grapefruit Grown in the States Califor- agreement, be issued ing nia and Arizona. The order pur- was issued approval of President. Section to, suant and in with, ap- accordance (8-10). 10), 608c (8, 7 U.S.C.A. 8c plicable provisions § of the act accord- disapproval approval determining ance with Department United States required Secretary is to con- producers, the Agriculture, Agricultural Adjustment Ad- cooperative associations action sider the ministration, Regulations General A No. 1 the action of their affiliated in this I, made part 2, to Title section 10 (12), producers. Section 8c 7 U.S.C.A. § Act, (c) of the 610(c). 7 U.S.C.A. (12). 608c order was issued January effective January 13, 1936. It contains requisite precedent condition to the is As a [I] findings of the Secretary upon based evi- order, hearing of an there must be a suance dence introduced at a hearing upon upon proposed finding and a posed applicable order. It is shippers on- Secretary, evidence introduced based ly, regulation prescribed therein hearing, the issuance relates specifically exclusively tend to effectuate the order will declared shipping of such fruit in the current (3, 4), of the act. Section 8c interstate of commerce to (3, 4). Hearings Can- 608c are also re C.A. § ada, directly or so as burden, obstruct or quired precedent as a condition to the mak affect such commerce in such fruit. .2 8b, agreement. Section 7 U.S.C.A. 608b provides The order weekly limita- provisions relating tion from There time to (a) re- time of the quantity total application gional of fruit shipped orders 8c [section such com- , shippers *9 (II) (11)], (b) U.S.C.A. 608c merce all amend- § allotment of to orders (17), ments 8c quantity among shippers U.S.C.A. [section and creates (17)], (c) 608c agency, termination of orders an known as the California-Arizona (16), 7 (16)], Orange Grapefruit U.S.C.A. 608c and Agency, [section consisting of a penalty for tlie (d) violation of orders Distribution Committee and a Growers’ Ad- brief, curise, fining appeal specifications A amieus on admitted suggestion appellant’s forth, counsel error above set and is in viola- attempts appeal, appellant’s stipulation. submission of the tion of ques- question marketing step whether acquisition raise agreement tion concerns a precede secretary’s power should follow or to make the order. hearing on jurisdiction the order. Such claim er- It does not affect of the unassigned ror is and not for our con- District Court to entertain the contro- sideration, by appel- versy since it is waived and hence be waived. argument, expressly lant’s brief and con- value, by apples only. Committee, provi- is estimated visory to administer 50,000 approximately for are growers there en- provides sions of order. gaged in the quantity United States in the commer- (a) the total the determination of fruits, cial which, of these two citrus of fruit consideration 18,000 factors, and of this number more ad- is deemed current located in shippers during California and Arizona. The shipped by visable to be all oranges United States weekly period, prorate farm value of and any given (b) grapefruit $133,842,000 shipper, averaged allotment base of each year period, 1928-29, five quantity fruit 1924-25to declined base is ratio of rabidly 1929-30, year shipper following and to the total under control cent, only $68,716,000, per 1932-33 was crop of California and grown in the States previous Arizona, level. -For -(c) and the allotment each California and of^ (cid:127) alone, period, $80,- Arizona proration the decline shipper given was from $36,013,000, cent., ship- per or about 56 allotment is the 982.000 alone, oranges $78,513,000 and for per’s prorate and the total advisable base $34,405,000, per or 56 quantity shipment. To obtain an allot- cent. The farm value base, oranges prorate shipper grapefruit and each re- in the United ment and a Advisory improved States $89,588,000, quired to submit to the Growers’ in 1933-34 to $20,872,000 1932-33, application more written therefor and than in Committee improved $105,- still further fruit controlled him estimates of 1934-35 to 256.000, $36,540,000 shipping season bona fide the current more than in 1932-33. authority ship, alone, For agreements giving California and written Arizona the farm title, paid by having oranges grapefruit value of having legal improved cent, purchase price. $48,231,000, per $12, 1933-34 therefor an increase 1932-33, During week for which the over the total and im- 218.000 allotments, shipper proved $62,449,000, $26,- fixes 1934-35 to ship any such fruit in excess of the improve- more than in 1932-33. 436.000 ment in farm quantity by his covered allotment for respecting value California Provision made for the ex- oranges $34,- week. also and Arizona alone was from change and transfer of allotments and for $45,787,000 1933-34, in 1932-33 to 405.000 overshipments $11,000,000, certain under and of allot- $34,405,000 or over in 1932- adjustment thereof. $59,228,000 1934-35, ments with later $24,- 33 to or over California, farm In value of the provides The order also for the estab- 800.000. two citrus fruits is three times more than districts, prorate separate lishment crop. the farm value of other fruit In specifies the factors to be considered in es- 1929 the farm value in California of the expense tablishing such districts. The approximately two citrus fruits amounted fixed, provi- administering the order cent, per farm value of all the equitable proration sion is made principal crops fruit in that state and in expense among handlers. percentage said was 1932 the cent. Proceedings Under the Order. III. (b) supplies oranges. Market —The In accordance supply oranges market has increased districts, prorate order, separate known as years a number of over has continued established, and were Nos. districts through a time when buying to increase prorate and, respecting district No. there relatively of the market was low. determined, proration pe- weekly shipments oranges The United States’ respectively February beginning riods averaged 46,663,000 for fresh fruit markets 23, 1936, quantity (a) the seasons, boxes for the three 1932-33to 1934- shipment in interstate com-- oranges for 11,208,000 represent increase of Canada, commerce to merce three-year (1927-28 1929-30) over a boxes — shippers ap- prorate bases of who (b) 35,455,000 average of pre-depression boxes. therefor, (c) the allotment of plied three-year comparison with the earlier shipment by oranges for each quantity of 1924-25, represents period 1922-23 to applied shipper who for an allotment. *10 16,575,000 The boxes. mar- increase of an Orange Extent Nature and of The IV. supply oranges originating in Cali- ket Industry. major Arizona account for the and fornia in the United the total increase crop.— portion of Importance citrus (a) Shipments fruit channels in fresh the States. grapefruit combined are Oranges and 31,- averaged in these two states originating crop in important fruit most second seasons for the three recent boxes States, farm being total
United
exceeded
134.000
shipments
thorughout
ers in such fruits
1934-35,
the United
while
of 1932-33to
States outside
dealers
three seasons
of California. Such
for the
two states
from these
aver- are
Some
depression
located more than 700 cities.
immediately preceding the
There
boxes,
three of them handle
25,000,000
for the
other commodities.
and
aged
1924-25,
to
are also over
retail citrus
seasons, namely,
half a million
1922-23
earlier
19,494,000
throughout
boxes. fruit outlets
the nation.
approximately
averaged
the heaviest
were
Shipments in 1934-35
the Order
VI. The Effectuation
36,475,000boxes
record,
to
and amounted
Policy
the Act.
Declared
ship-
Arizona, the total
and
California
-ininter-
(a)
resulting improvement
The
areas
commercial
from all
ment
regulated
foreign
state and
commerce.—The
reaching an
year
during such
United States
accordance
oranges,
flow to
market
51,577,000boxes.
approximate total of
applied by
of the act as
has in-
population
The
States’
order,
reasonably con-
tends
the mar-
than
slower rate
at a much
creased
stant, dependable supply
the terminal
oranges,
increase
supply of
ket
gluts
of alternate
markets
the avoidance
cent, per
per
being
than 1.5
less
1925to
famines,
ready disposition of
(2) a
and
con-
States’
year,
1930the United
and since
expense
terminal markets without
fruit at
the rate
population
increased at
tinental
upon holding,
consequent
and deterioration
cent,
1930, the
per
per year. Since
of .6
anticipation by rail-
(3) a more accurate
has increased
supply
oranges
market
transportation re-
probable
roads of the
pop-
rapidly as the
times
more than ten
industry,
quirements
and
of the citrus
ulation of the United States.
opera-
of railroad
a more efficient conduct
Foreign Commerce in
availability
flow of
respecting
tions
Interstate
V.
Oranges.
cars, thereby promoting the
refrigerator
.
dealers,
market
increased
confidence
family
Practically every
in the United
trade,
stabilization,
higher
standards
very
oranges, and a
is a consumer of
States
consumers,
growers,
tection
handlers and
consumptive demand
part of the
substantial
is for such fruit as
consumptive
respect-
increased
demand
in,
produced
mar-
ing such fruit.
Ap-
from,
Arizona.
keted
California
cent,
oranges pro-
per
(b)
purchasing
Restoration
proximately
power.—
points
regulatory provisions
act,
move from
The
applied by
duced in California
foreign
points
effecting
orderly
in other states
that state to
Oranges
regularly
oranges
sold
movement of
in the channels of
countries.
shippers
foreign
and Arizona
interstate commerce
in California
many
Canada,
pur-
retailers in
states
merce to
chasing
tend to restore the
wholesalers and
States,
shipment
oranges
the United
to the desired
place princi-
price
period
oranges pursuant
during
level. The
sale takes
rail, truck,
Shipments
pally by
boat.
transactions involved in this case which
give
oranges
purchasing power
oranges from either California Arizona would
equivalent
pre-
are fre-
to other states of the United States
quently
to that which obtained in the
period, August, 1909,
July,
made to wholesalers
whom the war base
oranges
shipped
per
are further
and distributed
box. This
known as the
was
parity price.
was
$1.78
buyers
parity price
any par-
in still other states of the United
Oranges grown
by multiplying
States.
in the States of
ticular season is calculated
extensively
average
price
period
farm
of the base
California and Arizona are also
countries,
exported
many
by Farmers
but
Index of Prices Paid
principally
price
King-
average
season. The
Canada and the United
farm
exports
oranges
oranges during
period
dom. The
United States consist
from the
the base
was $1.41
principally
price
per
February,
index in
box.
produced
During marketing
fruits as
in the states of California
seasons be-
November, 1930,
1935-36,
1931, 1932, 1933,
During
ginning
and Arizona.
the season
shipped
prices
$1.72,
growers’
$1.29,
the railroads of
United States
were
$1.08,
box,
points
$1.67,
per
respectively.
from the State of
California
aggregate
out-
$1.46
70,000
price in
side said State an
loads of citrus
each
said seasons was
car-
below
and,
parity
five-year period
fruits. There are more
men-
cent,
above,
1,500
averaged
dealers
carlot wholesale
in citrus tioned
below
Arizona,
average
price
parity.
fruits in
farm
California and
and sever-
period,
price
thousand
parity
al
less-than-carlot
base
wholesale deal-
*11
by
by
covering
Secretary,
allotment fixed
any
subsequent season,
the
are determinable
shipments,
appel-
although
said
the
available
computations from
mathematical
ample opportunity
lant
regularly
was afforded full and
compiled
published
statistics
that,
appellant
so to do. The
cept
ex-
by
Bureau
has stated
period many years
the
over a
of
contrary by
Dis-
Economics,
independent
as ordered to the
Agricultural
Court,
comply
trict
will
future
De-
he
not in the
States
bureau
partment
in the United
established
provisions
applied
as
so deter-
act
Agriculture,
and were
the order.
issuance
mined
the order in this case.
competition
inter-
There is active
price per box for the
growers’
The
unit
among
han-
state and Canadian market
dlers of.
all
34,-
currently
crop of
estimated 1935-1936
oranges
in the
grown
States
will,
regu-
652,000
boxes
as a result of
among inter-
California and Arizona and
act,
applied by
provisions
latory
of 'the
as
states,
ap-
mediate
handlers in other
order,
prices
received
exceed
pellant conducts his business in active and
season,
growers during the 1934-35
competition
substantial
with other handlers
greater growers will be
total returns to
oranges
provisions
complying with the
of such
case in the absence
would
applied
The
as
act
order.
prices
regulation. The indications are
appellant’s
these
effect of the
violation of
ap-
crop will
growers
for the 1935-36
provisions
impair
has been
the effective-
exceed,
parity price.
proach, but not
act,
program
ness of the
inaugurated
act,
applied by the
The
as
applied by
order, regulating
as
dling
han-
order;
gradual
will
correc-
effectuate also a
oranges
in interstate commerce and
prices
growers’
tion of the current level of
Canada,
disrupt
foreign
commerce to
rapid
oranges
as the Secre-
for
tary
at as
a rate
fruit,
and obstruct such
to render
public interest and
deemed to be in the
partially
ineffective the lawful
consumptive
feasible in view the
demand
commerce,
regulation
provided
foreign
in domestic and
markets.
bring
in the act
unsta-
about
(c)
past regulations.—
marketing
respecting
bilized
conditions
benefit
oranges grown
Cali- commerce
injured
which have
and burdened
crop
fornia and Arizona
seasons
orange industry,
and to defeat the
1934-35,
regulations
1933-34
under
Congress,
act,
promote
declared in the
prescribed by
Secretary, pursuant
orderly exchange
among
of commodities
licensing
until
of the act as
effect
the several states of the United States and
August
improvement
resúlted
foreign
nations.
of interstate commerce and of
Ag-
Judicial
VIII.
Notice Taken that the
oranges,
merce to Canada in
substan-
Adjustment
ricultural
Act and the
fruit.'
growers
tial benefit
Secretary’s
Certainly
Order Affect
Nature, Extent, and Effect
VII. The
though Incalculably (a) the Plant-
Appellant’s
Violations of
ing of Citrus
within the
Trees
Ap-
the Provisions of the Act
two
States and
Abandonment
plied by the Order.
(b)
of Border-Line Orchards and
appellant, engaged in the business
the Price Both of the Decreased
in the
purchasing oranges
growers
from
Export and Increased Intrastate
pack-
processing,
of California
State
Crop.
Remainder
same, shipped,
shipping the
ing, and
facts,
to these
addition
admitted
In
business, during
his
regular course of
appellant,
judicial
we
take
notice that
aforesaid,
periods
weekly proration
several
of a commercial
planting
the
has as its
citrus orchard
carloads,
aggre-
containing
nineteen
major objective
profit
motive
boxes,
8,613
of navel and miscellaneous
gate
shipment into
the ultimate
merce of the
interstate com
prorate
oranges, grown in
dis-
varieties
part
product.
larger
of its
Colton,
Bernardino
No.
San
trict
owner enters into the nation-wide citrus in
Cal.,
prorate
dis-
county,
located
said
dustry
profit
large degree
his
is in a
deT
trict,
points in several other states of the
pendent upon
consumption
the extrastate
Falls, Mont.;
States, namely, Great
National
the fruit.
Labor Relations Board
Colo.; Butte, Mont.;
Denver,
Salt Lake
Co.,
Clothing
v. Friedman-Marks
Tex.;' Seattle, Wash.;
Utah;
Paso,
City,
El
L.Ed. -,
645, 81
A.L.R. 1352.
Ore.,
Portland,
having applied
without
and
for an allotment and a
base,
very
proximate
true sense the
prorate
bipartite
(or
cause) of interstate
having procured in
manner an causes
without
citrus
chards
area
over the
orange juice.
price of
The orchards are
increased
volume
nia,
and Arizona
flow the
line investment.
purpose
through the states.
in other
ers to enter that
with domestic
tainly though
ped.
otherwise defective
accurately
shipments
less a certain
consumers’
Nevada
ing will diminish the
under a
the abandonment
certain but
stantly expanded. Aging,
rus
levied
trees.
into
of
stantly
or frost conditions often made
export
Sacramento
essary to
distance
periods
citrus
citrus
We further
orchards,
Similarly, we
replacement
profit
interstate commerce of
an inevitable
arising
products,
commerce are the
whose fruit
replaced.
This is a certain
to be
citrus
effect
price
Range,
many
'export from
capitalistic economy,
consuming states
streams
volume of intrastate
effectuate
out
motive.
of
calculable
decreasing
southern
incalculable effect is not unlike
demands channel
Valley foothills of
high
the states.
the untried
extends
imports
realizable if all
from the
over 700
incalculably
lesser
disposed
producing
production.
result of the
decades,
Congress
notice that the
of dead or lesser
southerly through Califor-
such as for
commerce and
notice
of border-line
As
of that
planting of new
prices
effect
or in
is intended
prohibition
been
and dead
amount
boundary of
state will
does not make it
from Oroville
these
the volume
and its
springs
miles.
its
of within the
that such limitation with the
purposes
all
on the
high
area
established
soil,
the effect
effect,
commerce.
will increase the
acreage
creation
pioneer
frostbitten, and
two states
diminishing
grapefruit
change
had been
to be
principle,
trees
of
limitation of
tariff duties
consumption
the streams
water, heat,
increase the
amount
from which
Though cit- vitalized
price
it
its
groves,
competition
the Sierra-
fruit,
California
producing
of the act
inevitable
the
shipment
Arizona,
are con-
has con-
declared
product.
planting
demand
acreage
shipped
border-
of or-
enter-
cause
own-
ship-
state
nec-
cer-
this
this
use
Though
plete disregard
any
states
amount of the
tween
the business
nomic or
deliberation and
tionally conceivable facts attributable to the
notice,
from available statistics of | (7). Agriculture, period, 608c ment of the base agree- purposes such of
7S7 difference between the claimed standards dies appellant Agriculture, Recov- set forth the National Industrial 388, Ryan, Refining v. Co. Panama ery definitely presented in 446, Act and those 79 L.Ed. statute before us is manifest.8 that section Supreme Court held which Recovery Industrial 9(c) appellant’s of the National For the reason citation same 709(c), States, gave (15 Corporation U.S.C.A. Schechter prohibit the trans- to President persuasive. “hot not No portation in interstate commerce of 97 A.L.R. is oil,” pow- given the delegation of standards of were was such an invalid discretion in that act President other than the National Industrial er. The court said case pol- govern Recovery general criteria to Act’s declaration of fixed no standards or vague icy supra) and a few footnote discretion and of the President’s exercise requirements,9 lacking the whole re- additional congressional policy with declared no precision utterly guidance found transportation gard of such oil. to industry Recovery tion for the trade or sub- Act. National Industrial thereof, represented by ap- division 48 Stat. 195. plicant applicants, if the President produc emergency A national 1. “Sec. groups finds such associations unemployment widespread and tive impose inequitable restrictions on ad- disorganization industry, bur membership mission to therein and are foreign commerce, af interstate dens truly representative of such trades or welfare, public and undermines fects industries or subdivisions living American the standards (2) that such code or codes are de- hereby peopln, to exist. declared signed promote monopolies to or to elim- hereby to declared oppress enterprises inate or small Congress obstructions remove to to against operate will not to discriminate foreign com flow of interstate free them, pol- and will to tend effectuate diminish the amount which tend to merce icy Provided, title: such general thereof; provide permit monop- code codes shall organization by promoting welfare monopolistic practices: olies Provided cooperative industry purpose tlie further, That where such code or codes among groups, induce and trade action per- affect the services and welfare of man action labor maintain united steps sons in other of the eco- adequate governmental agement under process, nothing nomic in this section supervision, eliminate sanctions deprive right persons promote competitive practices, unfair prior approval by to be heard possible utilization fullest the present productive President of such codes. The code industries, capacity may, as a his President condition' of avoid undue restriction approval impose code, temporarily required), (except * * * protection conditions consumption of industrial increase consumers, competitors, employees and increasing agricultural products and purchasing power, public others, furtherance of the and relieve to reduce exceptions interest, provide improve unemployment, standards exemptions labor, in to rehabilítale and otherwise code, in his President dis- dustry and to conserve natural resourc necessary cretion to effectuate the deems 15 U.S.C.A. § es.” policy herein declared.” 15 U.S.C.A. (c). Section 703(a). authorized “The President “Upon 3(d). motion, his See. own transportation in interstate and hibit complaint if is made to President petroleum public that abuses inimical to the inter- *20 produced thereof withdrawn contrary policy est herein de- storage in excess of the amount from permitted prevalent clared dustry trade or in- produced withdrawn to be thereof, subdivision if no by any storage law or Slate valid competition code fair therefor has prescribed reg'dation thereunder, or order approved by theretofore been dent, the Presi- officer, by any board, commission, oth- public President, after duly agency of a er authorized State.” hearing specify, notice he shall 709(c). § 15 U.S.C.A. may prescribe approve a code of fair Recovery Act, 9National Industrial competition industry for such trade or 3(a). subdivision which have competition application “Upon as a same effect approved by code the President fair the President under subsec- more trade or industrial as- one or (a) groups, of this section.” U.S.C.A. § the President 15 sociations 703(d). competi- approve fair codes of a code or 788 Appellant upheld Hampton act Case also our attention tariff in the directs Richmond, 141, 143, 137, provisions Eubank v. Agricultural Ad- U.S. justment L.R.A.(N.S.) question 33 S.Ct. L.Ed. called in here. 1123, Ann.Cas.1914B, 192, which declared appellant urges The that act also municipal pro invalid a ordinance delegates legislative invalid because it au prop vided that of the whenever two-thirds individuals, thority groups private erty request owners on street should requires Secretary’s that it to be order city building authorities to establish a line with marketing agreement accordance a square on the side of the which their on approved by proportion and to be a certain fronted, properties should authorities (See of the affected. footnote only 'establish such line. The a restriction support of 8c(.8), p. supra). prescribed in the was that ordinance position appellant cites Carter Cart line should not be less five or more than Co., er Coal thirty Tjiis feet from the street line. 873, 80 L.Ed. the val 1160. This involved process, held was void lack for of due be idity Act, Guffey gave, Coal gave power it property cause own some majority producers two-thirds of the and a property ers control rights of others power given of the miners in a district the any capricious might reason which fix wages to maximum hours minimum arbitrary pow move them. The affirmative court “This is district. The held: f er o of two-thirds the owners one- over legislative delegation in most.obnoxious right third bears no resemblance to the-mere form; to, it delegation is not even an negation shippers growers. body, presumptively officialor an official dis Washington ex rel. Seattle Trust Co. v. interested, private persons but in whose 116, 122, 50, 52, Roberge, S.Ct. terests and often are adverse to 86 A.L.R. a similar interests in the others business.” same comprehensive decision. a- zoning There marketing agreement The is mere sine a concededly ordinance general valid in its qua non not its or cause. source enacted, covering was an area of growers’ So also with the The con- assent. five acres which a some home for four up<pn requiring ditions order must be those poor aged pro teen It was maintained. prescribed by the statute and so found posed replace large structure a Secretary. fact, if find- building thirty occupants. satisfy statutory ings. requirements property court found use of the not out but become regulation the order “shall general purposes of accord with the making effective” on the of the mar- ordinance, invalid, arbitrary and held an keting agreement grow- and consent of the power it, requirement exercise of over ers, merely power, negation confers property owners of two-thirds shippers creation on and within 400 feet the building; should con growers. to such use. There an sent owner has purposed property arbitrarily use of his tak Appellant specifically complains that the pertinent en'from him. The case bears power regula- exercise to order the negation resemblance to the to 'the tion is not commanded but is statute shipments restriction of citrus in the instant Secretary’s uncontrolled discretion. case.
There is no warrant
for this contention.
The act reads:
applicable principle
is established
Irrigation
Bradley,
District v.
Fallbrook
[608c],
“Sec. 8c
Whenever the Sec-
789 tionality provisions of one set of shall not proposed district within persons affected Constitution, provisions satisfying The affect vote. favorable a had received refute meth independent the contention. The taxation some given supervisors were complete plan od declared is invalid a respect boundaries. authority separ regulation in itself distinct and this con- the contention answer plan ship able from the of direct' control of Supreme delegation, a invalid stituted Pfost, Light ments. Utah Power & Co. v. 178, 112, page (164 U.S. remarked Court 165, 548, 553, 184, L.Ed. 52 S.Ct. 76 do not 56, 70, 369): “We 41 L.Ed. 17 S.Ct. 1038; Opinion Justice, of Chief Carter v. validity argument. there is think Co., 238, 320, seq., 56 Carter Coal 298 et U.S. power. no delegates legislature 1160; S.Ct. 80 L.Ed. United States performance of upon the conditions enacts (C.C.A.1) F.(2d) v. David Buttrick Co. 91 regarded as corporation shall which the 66, 16, decided June powers mentioned organized with act.” described enjoin- The decree of the District Court delega- appellant there is no shipping We think it clear his citrus fruit private authority to in- legislative tion of interstate commerce is affirmed. provisions dividuals affected It is the Secre- which are assailed here. act HANEY, Judge (concurring). Circuit and issues the tary the decisions who makes I concur in the result. orders, growers or handlers whose not approval This conclusion he must have.' unnecessary I think it to consider the provision 8c(9) is fortified section question as to whether National Labor Rela issued in cer- orders to be which authorizes Laughlin tions Board v. & Steel Cor Jones though marketing agree- no tain cases even 615, L.Ed. -, A. poration, 57 S.Ct. signed.10 ment has been 1352, overruled Carter L.R. v. Carter Coal Co., 855, act be- conclude that We therefore 1160, though my opinion the effect of the delegation legislative fore us contains substantially former decision is to- abandon pri- Secretary or authority, either to the present of the latter the doctrine case. The individuals. vate objections free from the act is constitutional feebly Appellant contends that in this case. raised Butler, in United decision States Supreme Court said in the National 80 L.Ed. 102 A.L.R. 56 S.Ct. Laughlin, Board v. Relations & Labor struck down not Jones pointed supra, reasons out: “These Adjustment Agricultural Act there in the volved, Co., supra, act, v. Carter Coal cases voided the entire and hence [Carter but States, Corporation v. subsequent Schechter nothing there to which the apply. separability 295 U.S. 79 L.Ed. amendments would controlling here.” For A.L.R. (section of the statute 947] section 7 U.S.C.A. stronger say reasons we can well “These provision 614), that the unconstitu- approval President, 10 “(9) deter- mar Orders with or without keting agreement mines : “(A) sign “Any sec- to this the refusal or failure order issued marketing agreement (upon event become effective which a tion shall notwithstanding hearing held) that, or fail- been the refusal has the handlers cooperative cooperative (excluding (excluding as- associations handlers ure of producers proc- producers en- who are are not who sociations ship- essing, distributing,- shipping distributing, processing, gaged or the com- modity product commodity product ping thereof thereof covered order) per order) of more than 50 than 50 centum of more covered commodity prod- of the volume of the per of the commod- of the volume centum (except (except product thereof to citrus ity uct that as thereof produced producing area pro- produced fruits area fruits citrus known California what citrus fruits ducing cit- is known as California what per per centum) centum be 80 per said specified shall be centum rus fruits said produced therein which centum) order which covered or mar- marketed produced or marketed within keting area therein tends area defined duction prevent marketing agreement t effectuation of the declared sign re- commodity of this title to such lating to such product.” 8c(9), hearing Section been on which 608c(9)(A). Agriculture, held, U.S.C.A. *22 24, 1936, the court tember at a time when the instant controlling in cases” are not * jurisdiction. fact that below had case. . jurisdiction suit was filed was con- before in addi- questions two Amici curias raise ferred does decree made not invalidate we by appellant, argued those tion to jurisdiction subject-matter after over the consider. should was conferred statute. marketing argued First. orig- by the agreement not authorized was act, the orders and therefore inal agreement marketing on a valid based original act 8(2) of the Section are void. (48 34) authorized the Stat. agree- marketing into Agriculture to enter handling,, with “others ments foreign com- interstate or the current of BOARD RELATIONS NATIONAL LABOR commodity.” The any agricultural merce of SANTA FRUIT PACKING CRUZ agreement herein was marketing involved CO. pursuant provision. entered into to that No. 8432. 24, 1933, By August the amendment of Appeals, foregoing provision Ninth Circuit. was re-enacted Circuit Court of thereto, (7 as secion 8b some amendments July 31, 1937. U.S.C.A, therefore, believe, 608b). I § validly marketing agreement made. was amended act that provision agreement into must be entered fulfilled, because the to section 8b agreement into, pursuant sec- entered was act, original now 8(2) of which is tion 8b of the amended section act. given was Second. Jurisdiction enforce, prevent Court “to and to District any person violating and restrain * ** regula agreement heretofore or hereafter made,” by May 9, the Act of 1934. 48 Stat. 24, 1935, Aug. amended Act t)y (7 provi .608a). 762 U.S.C.A. Stat. fruits for orders relation citrus sions- August, 1935. not added to the act was Therefore, until curia, argue jurisdiction amici given to orders and was relating to fruits. agreements citrus (49 The Act Stat. June 608a-1, repealed 613a), parts U.S.C.A. §§ May expressly but respects provided “but all amendatory [May Act [said sections] shall be and remain in force and ef-. 1934] (7 until December 1937.” U.S.C.A. feet 613a.) a re-enactment This amounted to jurisdiction upon to confer sufficient regarding ques- orders in below court tion. bill was filed March herein
prior conferring jurisdiction. The to the act July was filed 1936. The case answer below submitted to court on was upon stipulation facts date there- same stipulation filed after be filed.- Such Sep- Decree was entered August