Hugo Black

Name: Zuber v. Allen — Dissent
Author: Hugo Black

Summary

“Zuber v. Allen — Dissent”, is a work by Hugo Black. It explores elements such as nearby differential, milk and farmers.

Quotes from Zuber v. Allen — Dissent (Hugo Black)

Hugo Black, Zuber v. Allen — Dissent

“ In my opinion Congress intended to permit the Secretary to regulate the milk industry in accordance with the practices that had developed in that industry prior to the first federal regulation in 1933 and did not intend to eliminate the economic advantages that specific groups had enjoyed in the past. Since it is clear beyond a doubt that farmers near Boston received more for their milk than did other farmers prior to federal regulation, I would reverse the judgment below and hold this provision of the Boston milk order valid. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ History and the legislative record make it quite clear that Congress in 1935 was concerned, not about limiting an excessively aggressive Secretary, but about overcoming the limitations imposed by a Court that was frustrating the congressional purpose by holding laws unconstitutional. Pursuant to the 1935 Act, the Secretary issued a new order in 1936 for the Boston market which, like the 1933 order, contained provisions for additional payments to nearby farmers. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ This higher price resulted from many factors, including the greater proportion of milk from nearby farms that was used for fluid purposes, the possibility that those farmers would compete with handlers by selling directly to customers, smaller seasonal variation in the volume of milk produced, and higher costs-such as taxes and land values-incurred in farming close to the cities. [1] As long as economic conditions remained generally stable, the cooperatives succeeded in protecting all farmers from the dangers of overproduction and excessive competition. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ The majority disagrees with the interpretation of the statute set forth above and instead finds that the foundation of the portion of 1937 Act involved here was to provide uniform prices to all producers, with adjustments to that uniform price only as 'compensation for rendering an economic service.' Ante, at 188. This interpretation, as I understand it, would require the Secretary to disregard the historical price advantage nearby producers had in the sale of their milk, and to consider only whether there is a present economic justification for particular payments. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ Nothing in the respondents' arguments indicates that the nearby differential does not further the policies of the Act, but rather they argue only that elimination of the differential would better serve those policies. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ The only discussion of these provisions during the congressional floor debates fully supports this statement. Senator Copeland, a former commissioner of health in New York City and a man well acquainted with the milk industry in New England, asked Senator Murphy, the floor manager for the bill, about the possibility that farmers near the cities would receive the same price for milk as farmers farther away. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ It does not matter who sues, if the Court decides an issue of statutory interpretation that decision hould remain the same even if the litigants change. [12]
The nearby differential of the Boston order involved here was also approved by the First Circuit in Green Valley Creamery, Inc. v. United States, 108 F.2d 342 (1939) . The majority's dismissal of that case on the conclusion the handlers did not have standing to raise this issue is irrelevant. The First Circuit there found the differential valid and then stated that ' (f) urthermore' the handlers lacked standing. ”

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Source: Wikisource

Hugo Black, Zuber v. Allen — Dissent

“ It is the Secretary, not this Court, to whom Congress has delegated the task of fixing the prices producers will be paid for their milk and of making the underlying economic judgments.↑ This license adopted a somewhat complicated base-rating plan similar to that used by the milk cooperatives. See n. 4, ante, at 173-174. There is general agreement among the parties that these licenses effectively resulted in higher milk prices to nearby farmers, and the Court of Appeals recognized this fact. ”

Hugo Black

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