, 1935-07-21

0StNA AnlCA1 dtlOLntyS ale pre-
pairing 70 appeal from the decision
to the circuit court Of appeals at
New Orleans. Definite orders for
the appeal have not been received
as yet. but government officials feel
certain that they win come from
Washington within the next few
days.
Judge Kennerly's findings read:
"Purporting to act under the
Agricultural Adjustment Act OF
May II. 1888 and amendments, the
Secretary of Agriculture has under
Subdivision 3 Of Section 8 Of such
act issued a so-called license which
1t Is claimed applies TO all pro-
cessors, associations, of producers
and others engaged in the orange
and grapefruit business IN Texas,
and that they become licensees
Hereunder whether they do. or do
not, consent thereto or acquiesce
therein. Such license provides for
the selection Of and there has
been selected a committee known
as the Texas Citrus Control COM
mittee and such committee has:
Affixed and defined eight
grades OF grapefruit and has de-
clared and ordered that no grape
fruit not coming within such eight
grades shall be shipped by any
licenSee.
"B-Provided for proration, and
the allotment to each licenSee of the
particular quality Of oranges and
grapefruit which such licensee is
permitted to ship, and prohibiting
other shipments.
~C-Levied an assessment against
all oranges and grapefruit shipped
by licensees.
Defendants have been and are
engaged in the business OF buying,
selling, shipping. etc, oranges.
grapefruit and other citrus fruits in
the Rio Grande Valley In this
district and division, and which
such license was issued without the
consent. application or acquiescence
OF defendants, the Secretary of Agri-
culture and such Texas Citrus Con-
troll committee have sought and are
seeking TO require defendants to
operate their business in accordance
with such license and such Act Of
Congress and the rules and regula-
tons promulgated hereunder. This,
defendants have refused, and are
refusing to do. The Secretary Of
Agriculture. therefore, brings this
suit against defendants seeking TO
perpetually enjoin them
Prom shipping. transporting or
marketing in any quantity what
ever grapefruit grown in Texas and
not within the eight grades fixed
and defined, and not permitted TO
be shipped by order Of such Con-
troll Committee.
Provisions Set Out
From shipping. transporting OF
marketing in any quantity what
yer oranges and grapefruit grown
in Texas, unless and until defend
ants shall, in compliance with the
order Of said Control Committee,
obtain an allotment or allotmentS
therefor from such committee, and
then only in compliance with the
terms Of such allotments.
From shipping. transporting or
marketing in any quantity whatever
oranges or grapefruit grown In
Texas without paying the assess
ment on and against such ship
ments so levied BY sucn Control
Committee.
1.-The particular provisions Of
the act under which plaintiff Is
seeking to 50 control defendants are
as follows
Section sol. Declaration Of
emergency. The present acute eco
nomic emergency being in part the
consequence Of a severe and in
creasing disparity between the
prices Of agricultural and other
commodities. which disparity has
largely destroyed the purchasing
power OF farmers for industrial
products. has broken down the or
derby exchange Of commodities. and
h. seriously impaired the agricul-
tural assets supporting the national
credit structure. 1t is hereby de-