Stanley Forman Reed

“ It is commonplace for appropriations to be made for loans to farmers. [4] The distribution of fertilizer owned by the United States as a charge against grants to aid soil conservation is of the same character. Section 8 (b) . Cf. United States v. Butler, 297 U.S. 1, 65, 68, 56 S.Ct. 312, 319, 320, 80 L.Ed. 477, 102 A.L.R. 914. No inference of fact or conclusion of law, we think, can be properly drawn from the circumstances of this fertilizer distribution other than that the United States was the owner of the fertilizer in Florida awaiting distribution. ”

“ The District Court disposed, we think, of the conduit or service agent argument by its finding that the Government 'became the owner' of the fertilizer at the manufacturing plants which are outside the state and was engaged in distributing it in Florida as a part of the national soil conservation program. In promoting soil conservation by precept and demonstration through the Department of Agriculture, the United States, as in its other authorized activities, acts in a governmental capacity. ”

“ To secure a heavy growth of the legumes before plowing time, the fertilizer should be applied and the legumes planted prior to October 15th. Farmers who desire to participate in the conservation program follow the required practices under the supervision of county committees or associations which are federal instrumentalities for carrying out the plans. ”

“ Through the use of fertilizers with a high content of superphosphate on winter legumes the plan sought, by plowing under the legumes, to obtain scarce nitrogen for the commercial crops which were to follow. ”