44 ' BULJjETIlSr 1106, V. S. DEPARTMEl^T OF AGRICULTURE. 



trade in interstate or foreign commerce to such an extent that the price of any 

 agricultural product is unduly enhanced thereby, he shall issue and cause to 

 be served upon the association an order reciting the facts found by him, direct- 

 ing such association to cease and desist from monopolization or restraint of 

 trade. On the request of such association, or if such association fails or 

 neglects for 30 days to obey such order, the Secretary of Agriculture shall 

 file in the district court in the judicial district in which such association has 

 its principal place of business a certified copy of the order and of all the records 

 in the proceeding, together with a petition asking that the order be enforced, 

 and shall give notice to the Attorney General and to said association of such 

 filing. Such district court shall thereupon have jurisdiction to enter a decree 

 affirming, modifying, or setting aside said order, or enter such other decree as 

 the court may deem equitable, and may make rules as to pleadings and pro- 

 ceedings to be had in considering such order. The place of trial may, for cause 

 or by consent of parties, be changed as in other causes. The facts found by the 

 Secretary of Agriculture and recited or set forth in said order shall be prima 

 facie evidence of such facts, but either party may adduce additional e^ddence. 

 The Department of Justice shall have charge of the enforcement of such order. 

 After the order is so filed in such district court and while pending for review 

 therein the court may issue a temporary writ of injunction forbidding such 

 association from violating such order or any part thereof. The court may, upon 

 conclusion of its hearing, enforce its decree by a permanent injunction or other 

 appropriate remedy. Service of such complaint and of all notices may be made 

 upon such association by service upon any officer or agent thereof engaged in 

 carrying on its business, or on any attorney authorized to appear in such pro- 

 ceeding for such association, and such service shall be binding upon such asso- 

 ciation, the officers, and members thereof. 



This act is a statutory declaration by Congress that, so far as inter- 

 state or foreign commerce is concerned, farmers, planters, ranclimen, 

 dairj'^men, nut or fruit growers may act together in associations, 

 corporate or otherwise, in collectively processing, preparing for mar- 

 ket, handling, and marketing in such commerce tlfe products of per- 

 sons so engaged, and that they may make the necessary contracts to 

 effect such purposes. Whatever doubt may have previously existed on 

 this subject is apparently resolved by this statute. However, as stated 

 in the act, " If the Secretary of Agriculture shall have reason to 

 believe that any such association monopolizes or restrains trade in 

 interstate of foreign commerce to such an extent that the price of any 

 agricultural product is unduly enhanced thereby," he may, following 

 a hearing, if he finds that the price of any agricultural product has 

 been unduly enhanced from either of the causes specified, issue an 

 order directing such association to cease and desist from monopoliza- 

 tions or restraint of trade. 



This act has no application to purely purchasing associations or 

 cooperative stores, for the reason that it relates only to associations 

 that are composed of farmers, planters, ranchmen, dairymen, nut or 

 fruit growers who are engaged in collectively processing, prepar- 

 ing f9r marketing, handling, and marketing in interstate and for- 



