The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-05
GROWERS ASK
NEW COOP LAW
IN NO. DAKOTA
Would Prohibit Elevators
From Buying Wheat from
Members of Wheat Pools
LAWS IN ADEQUA AT E
Strengthening of Cooperative
Marketing Laws of State
Necessity

A law which would prohibit any
grain elevators in the state from
buying wheat or other agricultural
product from farmers who are mem
bers of wheat pools is asked of the
North Dakota legislature by the
North Dakota Wheat Growers asso-
citation, in a bill introduced Wednes-
day afternoon by Rep. Freeman,
Ind, Grand Forks and Rep. Guam,
Lacquer, Rhame, N. d.
The bill completely rewrites Chap
ter a., S. L. 1921, governing the
operation of cooperative marketing
associations, along the line asked in
a reaolution of the N. d. Wheat
Growers association, passed unani-
mously by the board of directors at
a meeting in Fargo, January 81.
The resolution set forth that the
present cooperative marketing laws
are inadequate and incomplete in
certain particulars and asked the leg
isla4ure to amend the law:
"By providing for the filing Of
membership contracts in the offices
of the registers of deeds, and that
such filing shall be notice to all
third parties of the rights and OBJ
legations Of associations and of
members under such contracts"
How Proposal Is Met
In the proposed law presented
Wednesday b. Messrs. Freeman and
Guam, this proposal is met by re-
quirement that names of members in
wheat pools shall be filed with the
register Of deeds and that official
shall furnish lists of such members
with all elevators
The Wheat Growers resolution fur
ther urges changes:
"By clarifying the law as to the
manner Of calling special meetings
of members, the form and contents
of notice of such meetings, how such
notice shall be given, the fixing of
annual and regular meetings of men,
bcrs and the business that may be
transacted at such regular and an
nual meetings.
"By forbidding and prohibiting the
purchase of agricultural products
and by-products by third parties who
haFe actual or instructive notice or
knowledge of such membership con-
tracts, from members of such asso-
Citations"
These points are all covered, and
in addition the bill specifically gives
cooperative marketing association
right to an injunction against
breaches of contract. Stringent re-
strictions on the sale of pooled pro-
ducts and laid down including the
creation of law making it mis-
demeanor to urge a pool member to
sell his products and providing a
penalty of not more than $1,000 fine
nor less than 500.
"Any dealer or prospective pur-
chaser, corporation or association"
which endeavors to persuade u
member of another association to
break his contract and sell farm
produce which he has contracted to
pool, "shall be liable to the ,associa-
tion aggrieved in civil suit in the
penal sum of $500 for each such Of
fehse, and such association. shall be
entitled to an Injunction Asgainst
such dealer or prospective purchaser
or such person, firm or corporation
to prevent further breaches of such
marketing agreement and to prevent
multiplicity of actions thereon"
the bill sets forth in another section.
Must File Contracts
Copies of membership contracts
between the association and the
farmer must be filed with the regis
tea of deeds of the county in which
the association and the contracting
farmer operates or resides, and may
be filed in other counties adjacent
or elsewhere in the state, and filing
of such contract copy prohibits the
wheat pooler from selling grain in
the counties where filed and pro-
hibits as we'll, the purchase of grain
from any pool member by any ele-
vator or dealer.
Another section sets, forth that
the cooperative marketing associa-
tions may not be held in restraint
Of trade, and the general corporation
laws shall apply to the associations.
The emergency clause is carried.
The bill was referred to the COM
mittee on Grains and Grain Grading.