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