Charles Evans Hughes

“ The act of 1906 permitted persons to 'pool or combine' the crops of 'tobacco, wheat, corn, oats, hay, or other farm products' raised by them 'for the purpose of obtaining a better or higher price therefor than could or might be obtained by selling said crops separately or individually.' The persons so agreeing were also allowed to select agents to receive and to sell or dispose of the crops, so placed, in order to accomplish the object of the combination. ”

“ The plaintiff in error, Patrick Collins, and other tobacco growers of Mason county, Kentucky, entered into a pooling contract with the Burley Tobacco Society and the Mason County Board of Control whereby they consigned to the society their respective crops of tobacco (raised in the year 1907) , to be sold by the society as their agent upon such terms as it should prescribe, but not less than a minimum price. Because Collins disposed of his crop without the consent of the agents of the pool, he was indicted. ”

“ The amendment of 1908, in addition to giving remedies by way of injunction and damages, provided that the agent, 'when so selected,' should have 'the sole right to sell said crop so pooled or combined,' that it should be unlawful 'for any owner of such crop to sell or dispose of same, and for any person to knowingly purchase the same without the written consent of such agent,' and that 'upon conviction thereof,' a fine should be imposed. ”