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Articles 31 - 49 of 49
Full-Text Articles in Agriculture Law
Maximum Prices With Respect To Agricultural Commodities, Robert H. Shields
Maximum Prices With Respect To Agricultural Commodities, Robert H. Shields
Michigan Law Review
As we all know, prices of agricultural commodities during this war have been directly and substantially affected by Government controls and will probably continue to be so affected in the immediate future. These controls take two forms: First, there are those relating to price floors, that is, minimum support prices with respect to agricultural commodities; and, second, there are those relating to price ceilings, that is, maximum prices with respect to agricultural commodities.
Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson
Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson
Michigan Law Review
Appellee, a producer and packer of raisins in California, alleging that enforcement of the proration marketing agreement established under the California Agricultural Prorate Act would prevent him from fulfilling sales contracts and from purchasing for sale and selling raisins in interstate commerce, brought suit in the district court to enjoin enforcement of the program for marketing the 1940 raisin crop. The marketing program was challenged as in violation of the Sherman Antitrust Act and the commerce clause of the United States Constitution and as in conflict with and superseded by the Federal Agricultural Marketing Agreement Act of 1937. The district …
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Michigan Law Review
Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …
Consumers' Co-Operatives And Price Fixing Laws, Charles Bunn
Consumers' Co-Operatives And Price Fixing Laws, Charles Bunn
Michigan Law Review
The evolution of our business institutions shows us a long procession of experimental procedures, giving rise to de facto commercial forms, many of which have in turn demanded such recognition de jure as should make their position in the business world both clear and safe. Consumers' co-operation is such a procedure. Its underlying idea is simple, that a business owned by its customers, managed under their direction and having no legitimate loyalties except to them, has a better chance to meet their needs than one owned and managed by outsiders. But it has taken many years and many failures to …
Trade Marks And Trade Names - Unauthorized Use Of Registered Vessels - Search Warrant, Reed T. Phalan
Trade Marks And Trade Names - Unauthorized Use Of Registered Vessels - Search Warrant, Reed T. Phalan
Michigan Law Review
A number of milk bottles bearing registered marks of various dairies were seized from the possession of plaintiff dairyman by defendant deputy sheriff, under a search warrant issued by defendant district judge, upon affidavit and showing by defendant deputy commissioner of agriculture that the bottles were being unlawfully used. Notice was given of a hearing to be held before the judge to determine the persons entitled to possession of the seized property. Plaintiff brought this action for an original writ of prohibition to restrain further proceedings, charging that the search warrant section of the statute under which the proceedings were …
Bankruptcy - Amenability Of Farmers' Marketing Co-Operatives To Involuntary Proceedings, Kenneth J. Nordstrom
Bankruptcy - Amenability Of Farmers' Marketing Co-Operatives To Involuntary Proceedings, Kenneth J. Nordstrom
Michigan Law Review
Creditors of the Wisconsin Cooperative Mille Pool filed a petition asking that the milk pool be adjudicated an involuntary bankrupt. This co-operative association was organized under Wisconsin statutes to operate on a nonstock, nonprofit basis as the exclusive marketing agent for its members. The pool also marketed the products of patrons who were not members of the pool; however, sixty-five per cent of its patrons were active members. Held, the association was not a "moneyed, business, or commercial corporation" and hence was not amenable to adjudication as an involuntary bankrupt/ despite the fact that it was engaged in business …
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Michigan Law Review
The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …
Carriers - Interstate Commerce - Stockyard A Common Carrier, John L. Rubsam
Carriers - Interstate Commerce - Stockyard A Common Carrier, John L. Rubsam
Michigan Law Review
The Union Stock Yard and Transit Company of Chicago performed the services of loading and unloading livestock at its stockyards in Chicago. It neither owned nor controlled any railroad directly or indirectly, but restricted its transportation service to the loading and unloading of livestock as specified in its tariff. It owned the platforms and chutes which were the necessary and only means of loading and unloading at its yard, to and from which the livestock was shipped interstate by rail. For this service it charged the railroads the scheduled rates. Appellant contended that, having divested itself of all control and …
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged when it collided with a horse belonging to the defendant. The animal's running at large upon the highway claimed to be in violation of a statute which required owners of stock and domestic animals to restrain and prevent such animals from running at large. Held, the purpose of the statute is to protect agricultural crops from the ravages of straying animals, and not to protect motorists on the highway; therefore, the plaintiff is not of the class of persons sought to be protected by the statute, nor his injuries of the type sought to be …
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Michigan Law Review
A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …
Taxation - Sales - Recovery Of Processing Taxes - Remedies Of The Buyer, Keith P. Bondurant
Taxation - Sales - Recovery Of Processing Taxes - Remedies Of The Buyer, Keith P. Bondurant
Michigan Law Review
Defendant, a flour milling company, was subjected to payment of processing taxes under the Agricultural Adjustment Act. It entered into contracts with plaintiffs, by the terms of which the amount of such taxes was included in the purchase price of flour. The contracts provided that the amount of any decrease in processing taxes levied against defendant would inure to the benefit of the buyers and be credited against the contract price. Meanwhile, defendant, contesting the validity of the tax, had deposited in court a sum equal to the amount of accrued taxes. After the Supreme Court invalidated the A. A. …
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Michigan Law Review
The Sugar Institute case, decided March 30, 1936, in a unanimous decision by the Supreme Court, has been eagerly awaited by those interested in 'the limits and possibilities, under the anti-trust laws, of so-called self-regulation by industry through permissible activities of trade associations. The decision has been reported to affect some 2,000 trade associations. The case presented such a diversity of practices that any decision in it gave great promise of answering some of the many perplexing questions growing out of the enforcement of the anti-trust laws, which could not heretofore be answered from the decided cases. The fact that …
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Michigan Law Review
In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …
Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)
Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)
Michigan Law Review
Pursuant to the authorization of Section 8 (3) of the Agricultural Adjustment Act, the Secretary of Agriculture issued a blanket license in the Baltimore Sales Area whereby the distributors of fluid milk or its products in the current of interstate or foreign commerce were subjected to detailed regulation of production and purchase and resale prices. The plaintiff dairy company, handling milk produced and consumed exclusively within the state, sought an in junction against the enforcement of the license. Held, in granting a final decree, that the plaintiff's activities were not in the current of and that they did not …
Annotation Of Marketing Statutes, Major Basil D. Edwards
Annotation Of Marketing Statutes, Major Basil D. Edwards
Michigan Law Review
A review of AGRICULTURAL COOPERATIVE MARKETING LAW WITH DECISIONS, STATUTES AND FORMS. By C. K. Bullard
Cooperative Associations And The Public, John Hanna
Cooperative Associations And The Public, John Hanna
Michigan Law Review
The American Institute of Cooperation at its first summer meeting in Philadelphia in 1925, devoted many hours to a consideration of the definition of agricultural cooperation. Even at that time cooperative associations had been described, if not defined, by federal legislation. The Bureau of Internal Revenue, the War Finance Corporation and the Intermediate Credit Banks, had also been compelled on numerous occasions to decide whether or not a particular association was entitled to the privileges accorded cooperatives. A determination of the nature of a cooperative was implied in the standard marketing acts adopted in nearly all of the American states. …
Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan
Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan
Michigan Law Review
Farmers within recent years have recognized the necessity of combining in larger and still larger numbers, and great cooperative farm organizations have been formed, some of them with sales reaching $100,000,000 each year. These organizations in 1923 did a combined business estimated at $2,200,000,000. "Giant marketing associations, covering whole states, and even groups of states, have been organized with startling rapidity in the great cotton and tobacco growing states." Co-operative marketing legislation has given these groups great and far reaching powers to attain the end of making agriculture more profitable and to secure better returns to the producers of farm …
The American Mutuum, Jerome C. Knowlton
The American Mutuum, Jerome C. Knowlton
Articles
The delivery of goods that may be accurately designated by number, weight or measure, such as corn or wine, on an undertaking that goods of like kind and quality shall be returned, creates what is known in the civil law as the contract of mutuum, a kind of bailment contract. Text writers on the common law regard such a transaction as a sale and not a bailment. "Where there is no obligation to return the specific article, and the receiver is at liberty to return another thing of equal value, he becomes debtor to make the return, and the title …