William O. Douglas

“ The fact that assignments could be made at all indicated a congressional concern for the farmers' welfare, in light of the general statutory prohibition on assignment of federal claims embodied in the Anti-Assignment Act, 31 U.S.C. § 203. ”

“ Petitioners contend that they can attain a 'modest measure of economic independence' if they are able to use their 'advance subsidy payments * * * (to) form cooperatives to buy (supplies) at wholesale and reasonable prices in lieu of the excessive prices demanded by (the landlord) of * * * captive consumers with no funds to purchase elsewhere.' Thus, petitioners allege that they suffer injury in fact from the operation of the amended regulation. ”

“ As a result, the complaint stated, the tenants are required to obtain financing of all their other farm needs-groceries, clothing, tools, and the like-from the landlord as well, since prior to harvesting the crop they lack cash and any source of credit other than the landlord. He, in turn, the complaint alleges, levies such high prices and rates of interest on these supplies that the tenants' crop profits are consumed each year in debt payments. ”

“ Section 8 (b) of that Act, in turn, provides that 'the Secretary shall, as far as practicable, protect the interest of tenants * * *.' 52 Stat. 32, 16 U.S.C. § 590h (b) . The legislative history of the 'making a crop' provision, though sparse, similarly indicates a congressional intent to benefit the tenants. [7] They are persons 'aggrieved by agency action within the meaning of a relevant statute' as those words are used in 5 U.S.C. § 702 (1964 ed., Supp. IV) .
Third, judicial review of the Secretary's action is not precluded. ”

“ That ruling is not before us.↑ The complaint stated that some of the petitioners 'were denied the right to work the land' when they refused to execute assignments to their landlord. The complaint also alleged that ' (p) laintiffs have been tenant farmers on this land from eleven to sixty-one years * * * and (two of them) have been on this land all their lives.'↑ In connection with the amended regulations, the Secretary issued under § 1444 (d) (10) various rules designed to ensure that tenants receive their fair share of the federal payments. ”