Hugo Black

Name: Lehigh Valley Cooperative Farmers, Inc. v. United States — Dissent
Author: Hugo Black

Summary

“Lehigh Valley Cooperative Farmers, Inc. v. United States — Dissent”, is a work by Hugo Black. It explores elements such as handlers, pool and farmers.

Quotes from Lehigh Valley Cooperative Farmers… (Hugo Black)

Hugo Black, Lehigh Valley Cooperative Farmers…

“ It is my belief that the order of the Secretary which the Court strikes down was set up in faithful adherence to the Act's purpose to raise the prices that farmers receive for their products and that the Court's action will tend to have precisely the opposite effect of depressing those prices. I have no doubt but that the Court's decision will enable some handlers to reap greater profits but I regret to say that this is bound to be at the expense of the farmers themselves-for whose benefit the national program was primarily passed. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ Obviously in a system including both large unregulated areas and regulated regional pools in which prices may be fixed at different levels, there will be significant and complicated problems involved in milk sales and purchases that do not take place wholly within a single pool. Among the most serious of these problems is that handlers from outside a pool can, if left unregulated, get the advantages of selling milk in that pool area without bearing any of the burdens that members of that pool have to bear. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ In order to bring an end to this competition which was pushing farmers to the wall, the 1935 Act gave the Secretary specific power to set up regional marketing areas within which he could, for the Government, fix minimum prices handlers would have to pay to farmers for the various uses of milk, require that those minimum prices be paid to a pool for the area and distribute the proceeds of the pool so that each farmer selling milk through the pool would ultimately be paid at the same uniform rate or 'blend price' regardless of the use to which his particular milk was put. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ The causes of the low prices to dairy farmers which led Congress to grant these broad powers were, like the details of the operation of the milk business itself, incredibly complex. In the main, however, these low prices were widely attributed to a vicious and destructive competition among dairy farmers for fluid milk sales which brought farmers higher prices than did sales as surplus milk for manufacturing butter, cheese and other milk products. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ The wording of this amendment shows that the Court's attempted explanation of why 'in any manner limit' was omitted from the final language of § 8c (5) (G) does not bear analysis. The Court's explanation is that someone might construe 'limit' as prohibiting 'the type of price fixing (limitation) covered by subsection (D) .' But it seems very clear that the wording of the Senate amendment was expressly designed to prevent such a construction while at the same time making 'in any manner limit' applicable to milk. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ I think that if the Court really does believe that the Secretary has any power at all to prevent pool farmers from being subjected to discriminatory competition from outside 'free riders' it should state in clear and precise terms what those powers are and inform the Secretary how he can meet this Court's requirements. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ Although the blow to the present farm program is not so devastating as the one inflicted on the original Act by the Butler decision, I think that in ultimate effect the harmful consequences of the two decisions will differ only in degree. ”

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Source: Wikisource

Hugo Black, Lehigh Valley Cooperative Farmers…

“ Brannan, 2 Cir., 196 F.2d 791, 800 (L. Hand, J., dissenting) .↑ The amendment adopted by the Senate but rejected by the Conference is indicated in italics: 'No marketing agreement or order applicable to milk and its products in any marketing area shall prohibit or in any manner limit, except as provided for milk only in subsection (d) , the marketing in that area of any milk or product thereof produced in any production area in the United States.' 79 Cong.Rec. ”

Hugo Black

Summary

Quotes from Lehigh Valley Cooperative Farmers… (Hugo Black)

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