Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-03-18

outlined as follows: The fight OF the up.
State farmers to break away from the
milk associations which have signed
liver all their milk TO them, came before
the Appellate Division when Frank C.
Armstrong, Of Builville. N. Y. asked for
leave to carry to the Court Of Appeals
his fight against what he characterizes
as an illegal agreement which is in re.
straint Of trade and against public
policy.
In this strange agreement the Bull.
Vile Milk Producers Association, Inc.
is promised all the milk produced by the
Armstrong farm. except SO much as he
may need for his family or so much ar
he may sell in Buiiville, which is a ham
let with a population Of 10 families
ment at all and the association, while
having bound Armstrong to deliver ali
his milk did not agree TO pay the mar
ket price or any other price. Armstrong
bought ten shares Of stock in the Pro-
ducers Association and paid for them.
The Appellate Division justices were
told the agreement compelled Armstrong
to deliver milk to the association practt-
cally for the rest Of his career a. dairy
man, whether he remained as a member
Of the association and no matter where
he might be.
Frank H. Finn Of Middietown, N. Y.
attorney for Armstrong and some other
farmers, told the justices Of the Appel
late Division that there are many thous-
ands Of such contracts throughout the
State.
This contract is but ono Of thousands
Of similar contracts" said Mr. Finn,
land the object Of them, it has been de-
monstrated. is TO give these milk ASSOC
trbution Of milk throughout the State
Of New York. They are against public
policy and in restraint Of trade"
One Of the features OF these contra cts
is that the farmer agrees to pay to the
association. in the event Of his failure
to deliver his milk to Il, the sum Of so
per year for each mllch COW on his farm.
Armstrong did not deliver the product
of his mich cows to the association and
they brought suit against him for $3.50
in the Supreme Court of Orange county.
Armstrong; lawyer interposed a demur-
rer to the complaint and there raised
the contention that the contract on which
the association sued was illegal. In re-
straint Of trade and against public policy.
Justice A. II. F. Seeger sustained the
complaint, however, and overruled the
demurrer. directing a Judgment on the
complaint The Appellate Division sus-
tanned that decision and Farmer Arm
strong is now asking for leave to lot the
court Of appeals review that milk con-
tract. Decision was reserved.
This development ought to serve as a
warning to the dairymen Of Vermont
and of every other State to sign no
agreement with any outside milk asso.
citation or any other for that matter un.
loss they have taken counsel, or have
thoroughly posted themselves as to the
nature Of the document they are sign
ing.
This development also confirms us In
congratulating the dairymen of Chitten-
den and other counties in forming local
associations for their own protection and
the handling Of their own products. II
is even more Of a trick TO sell dairy pro-
ducts to an advantage than It 10 to pro.
duce the same
In this connection we are not unaware
Of the fact that a crisis confronts dairy.
men everywhere. According to a des.
patch from watertown, ~ T., the
farmers Of Jefferson county in a desper.
ate effort to avoid he financial ruin that
the present and immediate future milk
and milk products market predicts. have
discontinued feeding western grain tc
their herds. These grains that cost 81
ton one year ago, now cost $780, This
is the second move IN a series of Incl.
dents that farmers believe will bring the
high cost Of living topping to an almos,
pre-war basis within a few months.
During that period OF transition every
dairy farmer Of Northern New York OK.
poets to lose money and many undoubt-
eddy will be forced into bankruptc,
courts. The only two avenues OF escape
that lie open to the farmers are de.
creased production and an extensive
energetic. advertising campaign to In.
crease the consumption of milk and it,
by-products in the United States.
Two causes are given for this situa.
ton:
Complete Generalization of the foreign
exchanges, due to Europe's huge pur.
chase Of goods and materials In the
United States.
The restoration Of something like 3
normal condition In Europes dairy In
dustry.
MIX condensng companies are shippine
practically no milk to Europe because OF
the first reason. for to do so means tc
lose 50 on every case shipped. Foreign
butter and cheese markets are affected
similarly The demand for milk ant
milk products in the United States 1.
not sufficient to absorb the great sur