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About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (March 6, 1930)
PAGE FOUR HEPPNER GAZETTE TIMES, HEPPNER, OREGON, THUR SDAY, MARCH 6, 1930 Full Text Latest Draft of Marketing Agreement Bring t'sed by Farmers in Forming Local Co-operative Associations to Work In Conjunction With the Regional Divisions of the National, and the National Grain Corporation, Sponsored by the Federal Farm Board. Signing of Agreement Automatically Makes Farmer a Member of the Association. This agreement, by and between the (Local Name) Grain Grower, Inc., a cooperative marketing asso ciation, Incorporated under the lawa of the State of (Name State) with its principal place of business at (Name Town) hereinafter called the Association, first party, and the undersigned grower, hereinafter j called the Grower, second party, witnesseth: That for and in consideration of the expenses incurred or to be in curred by the Association in provid ing means and facilities for hand ling, storing, and marketing wheat; and In further consideration of the mutual obligations and promises of the respective parties hereto, it Is hereby agreed as follows: 1. The Grower is or hereby agrees to become a stock-holder or member of the Association and agrees to abide by its by-laws, rules, and reg ulations. In becoming a stockholder or member, in accordance with the by-laws or rules of the Association relative thereto, and in executing this agreement, the Grower is help ing to carry out the express aims and purposes of the Association for cooperative marketing, for the elim ination of waste in handling, stor- ing, and marketing and for stabiliz ing wheat markets in the interests of the Grower and the public through this and generally similar obligations undertaken by other growers. 2. The Association buys and the Grower sells and agrees to deliver to the Association all of the wheat produced by or for him or acquired by or for him as landlord or lessor, in the area served by the Associa tion, during the continuance of this contract, which is hereby under stood to remain in full force and effect from year to year, unless the laws of the State or the by-laws of the Association limit the duration of such a contract or unless the con tract is cancelled as hereinafter provided. It is understood, how ever, that this contract does not apply to wheat retained by the Grower for seed or feed, or sold by him for seed or feed directly to other wheat growers. 3. It is agreed that the Grower shall have the privilege of with holding any season's crop from the terms of this contract after his first year's delivery hereunder, upon pay ment of a fee of one dollar $1.00) and by giving notice by registered mail to the Association of his in tention so to do, said notice to be given between March 1 and 15 of the year such crop is to be so with held from delivery. A grower with drawing for a season under this pro vision shall not be reinstated under any circumstances until the end of the crop season for which he shall have so withdrawn, at which time the withholding privilege expires and all succeeding crops must be sold and delivered to the Associa tion under the terms of this con tract unless the Grower again elects to withdraw in the same manner. provided that either party hereto may cancel this agreement in en tirety after five (5) years from the date hereof, or in any year there after, by giving written notice to the other party on or before March 1 of such year. 4. Withdrawal by the Grower for any marketing season or cancella tion by either party after five (5) years shall not relieve the Grower from delivery to .the Association of wheat harvested by him previous to the date when such withdrawal or cancellation becomes effective, and shall not relieve the Association from Its obligation to purchase and handle such wheat under the terms of this agreement. It shall not af fect any incompleted transactions between the parties. 5. The Grower agrees that in the event of a breach by him of any of the provisions of this agreement he shall thereby forfeit the privilege of temporary withdrawal or cancel lation, as hereinbefore provided, un less the Board of Directors of the Association restore such privilege for the good of the Association. The Board of Directors may, upon no tice to the Grower, at any time ex pel the Grower from membership and cancel his contract, as provided in the by-laws, and the contract of the Grower shall not be restored and he shall not be re-admitted to membership in this Association ex cept as provided In the by-laws. The cancellation of the contract or the expulsion of the Grower shall im mediately deprive him of his right to vote or hold office in the Associa tion or otherwise participate in its affairs. He shall, however, have the option of continuing to deliver his wheat to the Association and to de mand settlement therefor, in ac cordance with the terms of this con tract, until the next March, during which he might have voluntarily withdrawn under the terms of this contract. 6. In the event a stockholder is expelled or is found ineligible by the Board of Directors to own or hold stock In the Association, the stock holder may Bell his Btock to any person approved by the Board. If there be no such purchaser the Grower hereby designates the Sec retary of the Association as his agent to effect the sale and transfer of his shares and the Board snail pay for said stock at Its reasonable value, as conclusively determined by the Board, and the Association may thereafter re-Issue said shares to a qualified person to the same effect as if said stock had been offered for transfer In the usual munner. 7. The Grower hereby warrants that he has not heretofore entered Into anv contract which would af fi.pt hla rlcht to sell and deliver all his wheat to the Association, except as specified at the ena or wis agree ment. Any wheat covered by con truntg nr mnrtiraies as specified herein Bhall be excluded from the terms of this agreement for the per iod and to the extent noted, if the lien-holder refuses to permit sale and delivery to the Association. 8. All wheat shall be delivered, to the order of the Association, at the earliest reasonable time after har vesting, unless the Association noti fies the Grower otherwise, at the warehouse or elevator owned or controlled by the Association or with which the Association has a contract, at the shipping station or dinarily used by the Grower. If the Association controls no such facil ities and has no such contract at the shipping station of the Grower, then the Grower may deliver his wheat to the order of the Associa tion at any shipping station chosen by him that has an elevator or warehouse approved by the Associ ation; or by shipment as directed by the Association and by delivery of the endorsed wheat tickets or warehouse receipts or bills of lad ing properly receipted or endorsed. 9. It is agreed that the Associa tion shall buy and resell all grain delivered to it under the terms of this contract, in accordance with the optional methods provided here in. a. First Option to Pool. The Grow er shall deliver his wheat to the Association, but it is agreed that if the Grower at the time of delivery of his wheat to the association giv es written notice of his election to pool his wheat, that then such wheat may be mingled with other wheat of like variety, quality, grade or classification delivered by other growers, and the Association shall re-sell such pooled wheat delivered by said growers under this option and under generally similar con tracts at the best prices obtainable under market conditions, and the returns from the re-sale of the pool ed wheat also shall be pooled and the net amount received therefrom shall be paid over to the Grower and Growers participating in said pool, in proportion to the wheat de livered by each of them, alter de ducting therefrom, within the dis cretion of the Association, the costs of transporting, handling, grading, storing, insurance, interest, selling and marketing such pooled grain and an Association charge of not to exceed one per cent of the gross resale price for commercial reserv es, operating capital, or other prop er Association purposes, in the con clusive discretion of the Associa tion. The annual surplus from such Association charge, if any, shall be credited to Growers delivering wheat under this option and in ac cordance with the provisions of this agreement and of the by-laws of the Association. Payments for wheat delivered under this option shall be made to the Growers from time to time, as rapidly as possible, in due proportion to the amount of wheat which each Grower has in such pool, until the accounts of each pool are completely settled. b. Second Option. As to all wheat not placed in the pool the Grower shall deliver and sell his wheat to the Association and it is agreed that he has reserved the right to desig nate the day upon which he desires to accept the day's market price. The Association under this option agrees to pay the Grower the day's market price as determined by the Board of Directors, or by the buy ing agency represented by the As sociation, for the day on which the Grower elects to thus fix his price, and the Association shall pay such price on delivery of the wheat or on surrender of the warehouse receipts properly endorsed, subject to the accrued storage and other ordinary incidental charges. In addition thereto the Association may make a charge of not to exceed one per cent of the Grower's re-sale price for commercial reserves, operating capital or other proper Association purposes, in the conclusive discre tion of the Association. The annual surplus from such Association charge, if any, shall be credited to Growers in accordance with the provisions of this agreement and the by-laws of the Association. 10. If the Grower, at the time of delivering his wheat to the ware house, elects to have such wheat handled in accordance with the Sec ond Option, and if such wheat is delivered in sacks it may, if the Grower so desires and upon his written request to the Association, be placed in a separate pile. 11. If the wheat of the Grower is encumbered or for other reasons in such condition that it appears im practical to handle said wheat un der any of the optional methods hereinbefore described, then said wheat may be handled in a separ ate pool or otherwise as may be determined and agreed upon by the Grower and the Board of Directors of the Association. 12. It is agreed that the Board of Directors may from time to time provide other optional methods of sale if it is in the interest of the Growers so to do. 13. After the Grower delivers his wheat there shall be no transfer from one sales option to another The Grower may, however, if he so elects, deliver some of his wheat under one option and some under another. 14. It is agreed that the Associa tion may handle and sell some wheat in one way and some in an other but that in the methods used or the charges made under each optional sales plan are to be adjust ed in such a manner as will result in an equitable distribution of the Association expenses. 15. Any deductions or allowance or loss that the Association may make or suffer on account of in ferior grade, quality, or condition of wheat at delivery under the First Option shall be charged against the Grower delivering such wheat and deducted from his returns. 16. The Association may make reasonable rules and regulations and provide inspectors or graders to standardize and grade the quality and the manner and method of handling and shipping wheat; and the Grower agrees to observe and perform any such rules and regula tions prescribed by the Association and to accept the grading estab lished by the State and Federal gov ernments and the Association. 17. The Grower agrees that the Association, or the North Pacific Grain Growers., Inc., or any duly authorized agent of the Association shall have power, without limitation or restriction, each in its own name: and on its own account, to borrow money on any wheat delivered to it under the terms of this contract, through drafts, acceptances, notes, debentures, or otherwise, or on any warehouse receipts or bills of lad ing, or upon any accounts for the sale of wheat, or on any commercial The John Deere No. S Tractor Plow at Work You'll Get Good Plowing and Long Service from This ThreeBottom John Deere Power farmers in this section have known the John Deere No. 5 Tractor Plow for its great strength and durability. The beams of the No. 5 are of special steel. Long-lapped steel braces give extra strength to the beams and insure rigid ity of the entire plow. Heavy bar se curely attached across rear of beams prevents sagging. The No. 5 will retain its rigidity after years of hard work. Genuine John Deere bottoms assure good work, light draft, and clean-scouring. Heavy-duty power lift is long-lived and positive in its action. Land wheel is set back, just as on your sulky bottoms work at even depth in uneven ground. Our customers know this dependable plow whut good work can be done with it. He sure to come in and inspect the John Deere No. 5 before you buy a plow. MOLINfc, I LI Peoples Hardware Co. Heppner, Oregon At this Store Yoa Get QUALITY SERVICE paper delivered therefor, and shall have the power to pledge in its own name, and on its own account, such heat, drafts, acceptances, notes, debentures, warehouse receipts and bills of lading, accounts, or other commercial paper, as collateral therefor. The Association in its dis cretion, shall cause such money so received to be prorated among its growers equitably, or many use all r any part of the money so bor rowed for its corporate activities or purposes. 18. If the Grower places a mort gage upon any of his crops of wheat during the term of this agreement, such mortgage shall not interfere in any manner with the rights of the Association under this contract, and the Association shall have the right to take delivery of his wheat and to pay off all or part of the crop mortgage for the account of the Grower and charge the same gainst him individually. 19. If this agreement is signed by one or more members of a partner ship, it shall apply to the partner ship, and to each of the partners individually in the event of dissolu tion or termination of the partner ship. 20. It is expressly agreed that this instrument is one of a series gen erally similar in terms comprising with all such agreements, signed by individual growers, or otherwise, one single contract between the As sociation and the said growers, but t is mutually agreed that the can cellation of any agreement or agree ments in this series shall not oper ate to invalidate this contract, and that the Association may enter into agreements with other growers dif fering in terms from those contain ed herein without invalidating this contract, provided that the grower at his request may sign a similar contract as a substitute for this agreement. 21. It is agreed that the Associa tion is or shall become a stock holder in the North Pacific Grain Growers Inc., and that it shall sell all wheat to or through the North Pacific Grain Growers Inc., or the Farmers National Grain Corpora tion, under such contracts, rules, regulations, or conditions as the said North Pacific Grain Growers Inc., and the Farmers National Grain Corporation may prescribe, and any expense connected there with which is not herein provided shall be deemed marketing costs. Any provision of this agreement which is at variance with any con tract to be entered into by the As sociation with the North Pacific Grain Growers, Inc., or the Farmers National Grain Corporation, and which makes it impractical or im possible to so contract or operate in accordance with the plans of the regional and national associations referred to, shall be considered without force and ineffective to the extent that it is at variance, but all other provisions shall remain in full force and effect. 22. It is expressly agreed by both parties, notwithstanding any other provisions of this contract to the contrary, that the Growers will de liver and the Association will re ceive wheat under this agreement only if and when the volume ob tainable under this and like con tracts is sufficient, in the judgment of the Board of Directors of the Association, to assure economical and advantageous operation; and also only if and when the Associa tion enters into an agreement with the North Pacific Grain Growers, Inc., that makes it possible to mar ket wheat to or through the North Pacific Grain Growers, Inc., or the Farmers National Grain Corpora tion. In the event that sufficient volume is not obtainabed or said agreement cannot be made with the North Pacific Grain Growers, Inc., then the Association may by public notice cancel this and similar mar keting contracts with other Grow ers. 22. The parties to this contract agree that there are no oral or other conditions, promises, covenants, rep resentations or inducements in ad dition to or at variance with any of the terms hereof, and that this agreement represents the voluntary and clear understanding of both parties, fully and completely. By signing this Marketing Agree ment the Grower applies for mem bership in the Association and the signing hereof by the Association shall constitute an acceptance of the application. 24. Existing Contracts. In accord ance with paragraph 7 of this con tract the,, following mortgages or liens are in effect and the wheat covered is exempted hereunder to the extent noted: (List Mortgages or Liens.) (Signature and address of Grow er.) (Signature of Association.) HOME POINTERS (From School of Home Economics. Oregon State College.) A little shredded cocoanut and a bit of almond flavor give a delicious new flavor to rice pudding. The disagreeable odor often left in dishes or pans that have contain ed fish may be removed by adding a large tablespoonful of salt to the rinsing water when washing them. A corn popper is very convenient for roasting walnuts. If the whole nuts are put in and roasted until the shells are soft and crumbly, the meats are delicious. A pretty way to serve biscuits for a luncheon is to cut them in tiny rounds, (an empty paprika can may be used for this) and fit three in each compartment of a muflin pan. This gives a clover leaf effect A new way to cook potatoes! Scrub them with vegetable brush, boil in "jackets" until tender, cut in thick slices, brush with fat and brown under a broiler. The result is delicious. Have you ever tried "souffle1 crackers. To make them, the soda crackers are laid in a flat pan of ice water for eight minutes. Then the water is drained off and the crack ers baked in a medium oven for 45 minutes. They should come out a light golden brown and fiakily ten der. Ralph Butler came to Heppner from his ranch near Cecil to attend to business matters last Thursday. . Save 30 Miles When Traveling to ' Yakima Valley CROSS ON THE Alderdale Ferry Landing located four miles east of Heppner Junction. Recent road improvements make this the Ideal Route NEW POSSESSIONS When you purchase new things for your home, don't overlook the relation between your purchases and your insurance cover age. It's an easy matter to double or treble the value of the contents of your home with out noticing it. Check up on your contents fire policy TODAY. F. W. Turner & Co. Representing Reliable Companies. ACT TODAY-DONT MISS THESE BARGAINS! CHEViKJLETS SPRING mn route 7T J WITH an (SWJAT Sy MT" If you haven't attended Chevrolet's Great Spring Clearance Sale, come in today! To make It the biggest of its kind ever held in this community we offer big reductions on popular cars that set a new record of value for your dollar! The big reception given the 1930 Chevrolet has filled our showrooms with late model, low mileage cars that must be sold this week to make room for more trade-ins. Now you can secure a handsome, depend able used car bearing the red tag "with an OK that counts". This signifies that the car has been thoroughly reconditioned by expert mechanics to top-notch appearance and performance. See our big selection of makes and models carrying the famous red "OK that counts" tag. Buy today and sa ve! THE MOST EXTRAORDINARY VALUES IN LOW PRICED 4 AND 6 CYLINDER CARS 1927 CHEVROLET COACH Motor in fine condition. New teat 8( covert. Good rubber and spare. Lioense included. 1M7 CHEVROLET SEDAN. 4-door M.tit. nnmniAtalv overhaul ed. Paint in good condi tion and good tires, lioense. 1927 OLDSMOBILB SEDAN Roomy, irnA lnirinff and serviceable. Motor runs perfectly, oooa run ber and full equipment. Qnlv 1929 CHEVROLET 1H TON TRUCK This Is the economical solution to your hauling; problems. Here's a that won't last long, so hurry. GOING AT A GOOD DISCOUNT. L motor in '325 w, t-uoor '400 LN Roomy, able. Motor '465 New 1929 Chevrolet Sedan Never been driven. We need the floor space for the display of the new 1930 models. Going at Worthwhile Discount 19(7 CHEVROLET COACH Motor has been reoondltioned. Fine bumpers, spare tire and full equip ment. Faint and rubber In good oondltion, license. 300 1928 CHEVROLET COUPES (3 of them) Both of these have been thoroughly reconditioned. Good rubber all around - ana an paint. Be sure to $ see these lor economical transportation Mil ro-uunu '400 1928 DODGE SIX SEDAN Our meoh. anlos have reconditioned this car andi put it In flrit olass condi tion. Five food tires and lioense "450 SMALL DOWN PAYMENTS EASY G. M. A. C. TERMS Ferguson Chevrolet Co. Heppner, Oregon BUY "OK" USED CARS FROM A CHEVROLET DEALER