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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 20, 1933)
P3TGE FOUR 3rET)FOT?D MXTL TRIBUNE. irEDFORH. OREGON, SUNDAY, AUGUST 20, 1933. Marketing Agreement On Fresh Fruit Drawn For Hearing Aug. 22nd A proposed agreement for tin marketing of fresh deciduous fruits hu been drafted bj the rrlcuHural adjustment administration for submission at the public hearing icheduled Augmt 23 In Portland br the secretary of agriculture. It U expected that adoption of snrh agreement will permit oiderl marketing of the pear crop and correction of conditions which hare driven levels below cost of production. The agreement as proposed, followsln full: This Agreement entered into by and between the Secretary of Agriculture of the United states of America, ana each of the Shippers (as hereinafter defined), of fresh deciduous tree fruit, signatory hereto, and by and between each of said Shippers one with the other, Wltneaseth That: Whereas, the congress of the Unit ed States by the Agricultural Adjust. ment act, approved May 13. 1833, has declared a national economic emer gency exists due to the severe and In creasing disparity between the prices of sgrlcultural and other commodi ties, and Whereus, due to the excessive pro duction of and excessive shipment of fresh deciduous tree fruit In the current of Interstate and foreign com. merce, the market price thereof have been unduly depressed and Whereas, the Shippers, parties here to, wish to enter Into a marketing asrreement pursuant to Section 8, bud section a, of the Agricultural Adjust ment act. for the purpose of correct. lng the conditions now obtaining In the marketing of fresh deciduous tree fruits and the readjusting of price returns to the grower thereof, and Whereas, the Shippers, parties here. to, represent by carload volume ship ped during the calendar year mas, 80 per cent or more of the trade en Meed In the shipping of fresh decld- uous tree frulta, grown In the states of Washington, Oregon, Montana, and Idaho, and Whereas, fresh deciduous tree fruits marketed by the Shipper, parties hereto, effect and enter Into the cur. rent of Interstate and foreign com. mere. Now, Therefor. In consideration of the premises and the mutual prom ise herein contained, the parties hereto agree: , ARTICLE I ' Definitions As used In this agreement, the fol lowing words and phrase shall be defined as follow: . -(a). "Shippers" mean and lnolude such persons, firms, corporations or associations, parties to this agree ment, engaged wholly or in part In the business of shipping In Inter-state or foreign commerce In not lea than carload lot, from point In the tate of Washington, Oregon. Montana, and Idaho, fresh declduou tree fruit crown within such statea. (b) "milt" mean and Include all species of fresh deciduous tree frulta grown within the said states, ana ev ery variety and grade thereof. (c) "Districts" mean auch geo graphical areas within ald states aa the board of trustees shall delimit. (d) "Board of Trustees" mean the Board of Trustees of Northwest Fruit Industries, Inc., elected pursuant to Article Section 7 of the by-law of Northwest Fruit Industrie, Ino: (e) "Commodity Committees" means the Commodity Committee appoint ed pursuant to Article 13 and Article , Section 7, (h) of the by-laws of said Northwest Fruit Industries, Inc. (f) "Manager" mean the Secretary Manager of Northwest Fruit Indus trlea Inc., appointed by the Board of Trustee of said Northwest Fruit In dustries, Inc., pursuant to Article 0, Section 7, Ig) ot the by-lawa ot. ald Northwest Fruit Industrie, Inc. (g) "Secretary" means tho Secre tary of Agriculture of the United Statea of America. (h) "Act" mean the Agricultural Adjuatment act, approved May 13, 1B33. a amended. (1) "Executive Committee" mean the Executive Committee of the Board of Trustee of the Northwest Fruit Industries, Inc., appointed by aald Board of Trusteea pursuant to Article 0, Section 7, (c) of the by laws of said North ww t Fruit Indus tries, Ino. (J) "Roller" means "Roller or Tramp Car" as defined In Schedule A. (k) "Auction Markets" means those marked wherein fruit I sold at auc tion situated In cities which are de signated by the Board or Trustee aa Auction Market. (1) "Guaranteed Advance" meana a 'sum ot money advanced prior to sale by a consignee a partial payment of the proceeJa ot sale. (m) "Aurtlon Committees" meana the Auction Committee created pur suant to Article a hereof. .(n) Terminal committees" mean the Terminal Committees created pur suant to Article d hereof. (o) "r. O. B. Acceptance Final Baa ls" means "F. O. B. Acceptance Final Basis" a defined In Schedule A. (p) "Joint Account Transaction" mean any transaction between a shipper and any ot'ier person con templating the division of the profit or loss. ARTICLE II Board of Trustee I. The duties of the Board of Trus tees under this agreement Include tbe following: (a) To supervise the performsnce of this Agreement and to act aa Inter mediary between the Secretary and the shlppere. (b) To appoint uch employee aa It may deem necessary, and to deter mine the aalartes and defln the du ties of any such employee. (e By appropriate resolution, from time to time, to appoint and define the duties of additional committee to assume any of the duties or func tion of tha Board of Trustee and to perform uch other function as may be neceasa.-v or desirable in the interest of the shippers and grower or rruit or to effectuate any of the purposes ot this agreement. (d) To hear and dispose of all dls. putea whatsoever arising In connec Uon with the performance of this i agreement, subject only to the right f appeal to th Secretary granted In Article XI. Provided, however, that said Board of Trustees shall not award In any dispute damage In money or Impose upon a shipper any penalty re quiring the payment of a aum of money, and, Further, Provided, that If a member of the Board of Trustees shall In any case be a disputant, or a representative of a disputant, he shsll, fo the purpose of the consideration of such oontrovenry, be deprived of all his rights, duties and privileges a a member of the Board of Trustees. (e) To define, from time to time, the boundaries of the districts for each species of deciduous tree fruit, (f) To approve all schedules of minimum prices proposed by the Commodity Committees, (g) To entertain and decline or ap prove promptly request for permis sion to sell fruit for less thsn the published minimum .irloe. (h) To determine, from time o time, uniform rates for packing and storage services In the various dis trict. (1) To consider recommendations of the Commodity Committee with regard to the prohibition, In whole or in part, of shipment in Interstate or foreign commerce of any fruit, and to prohibit such ahlpment by the Shippers If it deem such prohibition desirable and In the best Interests of the growers. (J) To revise the schedule of com missions to be charged by Shippers. (k) To approve or decline to ap prove applications by shipper for permission to participate In Joint ac count transactions. (1) To propose amendment or mod ifications of this Agreement. (m) To establish a uniform meth od of payment for tales for future ahlpment. 3. The Board of Trustees may dele gate any of It dutle or functions Under this Agreement to the Execu tive Committee, or to such other committee a It may have appoint ed to assume any of It duties or funotlons hereunder. ARTICLE III Commodity Committees The duties of the Commodity Com mittee under thl Agreement '.nclude th following: (a) To make Investigation, into and assemble data on the current grow ing, shipping and marketing condi tion in the fruit trade to enable the Committees to pel form their fur ther duties. (b) Each Commodity Committee shall determine and publish schedules of minimum prices snd from time to time revise suc'j price, schedules and publish such revisions. (1) No minimum price shall be submitted to the Board of Trustees for approval and published unless two-third of the total membership of the commodity Committee Involv ed ha; evidenced Its approval by rec orded ballot. i .) All auoh minimum prices shall be approved by the Board of Trustees bifore publication and shall thereaf ter be In effect unless at any time disapproved by the Secretary. (o) From time to time,. In view of prevailing market conditions, to rec ommend to growera that they retrain rrom harvesting any specified specie, variety or grade of fruit, and to rec ommend to the Board of Trustees that the ahlpment of said specie, va riety or grade of fruit be prohibited In whole or In part. (d) From time to time to deter mine If It la desirable to attempt to control br regulate the auction mar keting of any specie, variety or grade of fruit. (e) From time to time to fix and publish schedules of maximum chin es for brokerage aervlces. ARTICLE IV, Sales 1. Shipper (hall not sell, nuote or offer fruit for sale In any manner whatsoever for price less than those for the corresponding specie, variety or grade currently published by the ironmoauy committee, unless th Shipper shall have previously received me permission of th Board of Trus tees, Provided, however, (a) That nothing m thla article contained ahall be considered a a limitation of a shipper's nrlvlleie of selling fruit at auotlon. (b) That nothing In this Agree ment contained shall be construed to prohibit th ahlpment of fruit for conversion Into by-product. (C) That nothing In thla Agree ment contained ahall prevent aalea .r ahlpment for charitable purpose or lor unemployment relief. S. To establish msxlmum charges which shippers can make to a rowers as commissions for services In hand ling fruit will requlr careful study in view of the different conditions and practice in th different durtrict with respect to th various fruits. The Board of Trustee ahall make the nec essary study and collect the necessary data at It earliest convenience to prepare and submit to the secre tary for approval a schedule of maxi mum charge for services of every kind rendered by th hlnner Inci dent to the marketing of all frulta ana such schedule when approved by me secretary snail be blndlne uoon all ehtpper aa an amendment to thla Agreement. Pending the approval of a schedule of maximum chargea no snipper snau charge any grower a a commission or otherwise for his serv ice in completing a sals of fruit In similar service in Uie district iruolved Itllar services In the district Involved snd for th fruit Involved a svl- denced by existing eontrsctural agree. ments. J. All aiilcs for delayed shlnment snsu include as additional chargea In excess of the sale price: taxes. Inaur- snc. Interest, and storage charges at not lee than th uniform minimum rate for such atoraga charge. 4. No Shipper shall ahlp car of fruit for aale upon arrival at destin ation except at Auction. 5. Shlppera shall in so far a pos sible, make all quotation for al and consummate all sale on a net F. O. B. "aoceptanc final" basis. a. No shipper ahall participate In any Joint account transaction unless previously expjeesly authorized to do so by the Board of Trustees. 7. No Shipper shall make an export aale except upon a cash letter of cred it or a cash-at-port of export basis and no ahlpper ahall ship fruit -for export on open socount consignment. 8. No Shipper shsll participate In a guaranteed advance transaction either In foreign or Interstate commerce un less such guaranteed advance Is equal to or greater than the current pub lished price for the fruit Involved at the time of such transaction. , 9. Shippers shipping fruit on spe cially chartered vessels shall quote prices on the basis of prevailing con ference freight rates and the differ ence, If any, in freight expense, shall be paid to the owner of the fruit. 10. The minimum prices published by the Commodity Committee shall not apply to any contracts entered Into prior to the effective date oi this agreement, with the exception of contract entered Into In contempla. tlon of the execution of this or slml la? marketing agreementa under the Act for the purpose of defeating the policies or th Act. ARTICI.R V. Reports 1. Each Shipper shall each day mall or deliver to the Manager, a report of all business transacted to the close of business for es.d day. Including Joint account transactions. Said re port ahall be mode In auch form as shall be prescribed by the Board of Tustees and shall Include the fol lowing specific Information: a. Number of care old. b. Variety. 0. GraJe. d. size range. e. Destination. f. Date of ahlpment. g. Shipping point. h. Terminal brokerage paid. 1. Local brokerage or cash discount. J. Price at which sold. k. Terms. 1. Domestic or export, m. Condition, n. Car service. 3. Each Shipper ahall mall or de liver to the Manager promptly coplea of all bulletins Issued by him offer ing fruit for sale. 3. Each Shipper ahall promptly re port to the Manager the following in formation and such other Information a the Board of Trusteea may from time to time require, on such form or forms as the Board of Trustees may from time to time prescribe. a. Rollers: Including variety of fruit, number of cars, whether . Intended for sale or storage and enclose copy of any roller bulle tin Issued by such shipper. b Cancellations and Terminations; Including detail of aale and rea sons for cancellation or termina tion. c. Rejections and Complaint: In cluding name and addreea of buyer cause, settlement, Justifi cation, number of cara Involved; d. Credit experience; Including full detail with regard to any un satisfactory experience with any member of the trade, partlcu- ' larly aa to oredlt matters. 4. Upon request by the Manager, each Shipper ahall promptly mall to tne Manager a report on auch forma as the Manager shall prescribe disclos ing: a. Estimated quantity of fruit available for aale. b. Total aale of fruit mad. o. Balance ot fruit available for aale. t. The Manager ahall each day com pile the information disclosed by the dally report and s-ich other Infor mation aa he may deem useful, In cluding dally Auction prices, and shall each day mall a copy of auch compilation to each Shipper and when a Shipper la a firm or corpora tion, to auch officers and or em ployees a It ahall designate. S. Failure to make th dally re port a hereinabove provided for three auccessive days, or to make any other report herein required or here after requested by the Manager, shall constitute a breach of thla agreement. AHTlt'I.E VI. Auction Control 1. To assure In so far a possible or derly marketing, the Board of Trus tees shall appoint Auction Commit teea and Trmlnal Committee a. each composed of such Shippers, parties hereto, and such other persons as the Board ahall within It sole discretion, designate. Th Secretary may from time to time designate representa tive of the Department of Agricul ture to alt with the Terminal or Auction Committees. 3. Tha Auction arid Terminal Com mittee may incur expense necessary or desirable for th proper perform ance of their further duties. Any such expenees shall be certified by the Chairman of the respective commit tee to the Manager and paid by him. 3. If th Commodity Committees ahall determine that It la desirable to attempt to control or regulate the auction marketing of any variety of fruit, It ahall be the duty of th Auc tion Committee. ( To determine th amount of fruit to be sold In each Auction Mar ket during each week throughout th season. (b) On th baa Is of th roregolng determination to assign each week to each ahlpper a maximum quota of the amount of fruit to be old In each Auction Market during aald week. In so far as possible, to distribute th qtiotae equitably among th Shlppera In proportion to th amount of fruit each has or will have available for the respective auction market dur ing the week. (c) To permit ahlpment la sices of th amount of fruit ,to be sold In esch suction market when deemed necessary or desirable, snd; It ahall be th duty of each Term inal Committee: To regulate .among th Shipper as far a posalbl th oarload offerings of fruit in ach Auction Market each day with a view to th stabilization of day to day prlc level and to make such adjustment a It may deem necessary or desirable. 4. No Shipper ahall exceed th quo ta allotted to htm by th Auction Committee and each Shipper shall abide by th regulatory ordera of the Terminal Committee. If any Shipper does exceed hi quota for ny week, th Auction or Terminal Committee ahall deduct an amount equivalent to auch xcea from such Shipper's quota for th succeeding week and If be fall to thus adjust such over shipment or again exceed hi quota In said aucceed,lng week, th Auction or Terminal Committee shall reduce Such Shipper's quota for the next sue. ceedlng week by , double t'.ie total overshlpment. S. Wholly or partially unused quo ta shall not be assigned, bought, or sold, but any Shipper may exchange bla quota, or any part thereof, for another Shlpper'a equivalent In any other Auction Market. Any such ex change ahall be promptly reported to the Auction Committees, a. Nothing la this Article contain. ed shall prevent a Shipper from mak ing private sales In any Auction Mar ket and the amount of fruit old In ny sucU private sale shall not oe considered as a partial exhaustion of auch Shipper auction quota. 7. if any fruit aold by a Shipper at private aale la resold at Auction the Terminal Committee shall deduct the fruit resold from said Shlpper'a quo- ta In that Auction market tor the current or auoceedlng week. 8. ir a Shipper exceeds hla quota In any Auction market In. any given wees-, it snail not be considered breach of thla agreement provided he promptly informs the Auction Com- mlttee of the reason therefor and th said Committee determine that under the circumstance, such excess, lvi sale were unavoidable or necea. asry. In that event, the Auction Com mittee shall deduct an amount equl valent to such excess from such Ship per's quota for the succeeding week and If he fall to thus adjust such overshlpment or sgaln exceeds his quota in the succeeding week, the Auction Committee ahall reduce auch Shlpper'a quota for the next auoceed lng week by double the total over shipment. ARTICLE VII Brokerage 1. Th Commodity Committees nail determine and publish maxi mum uniform chargea which can oe made or paid by Shippers for broker age services rendered at the terminal point and the Commodity Committees may from time to' time determine and publish schedules of chargea for any other brokerage service which can be made or paid by ahlppera and auch rates shall thereafter be binding on all Shlppera. , 3. No Shipper shall, under any cir cumstances, pay any charge for brok erage services to a buyer, except, how ever, mat shipper may make a dis count from the aale price to a pur chaser for cash of not more than $35 per oar. ARTICLE VIII. Rejections 1. In th event of Mlectlnn hv a buyer of any car of rrult and the re sale thereor by the Shipper in an other market or at Auction, the Snip per shall Immediately report suoh aale to the Manager or the Auction bommittea a the case may be and, if the latter. It ahall ririut. mih from said Shipper's Auction quota for tne week in wnich such sale at auc tion la mad' 3. Shlnnerfl ahall rennrt ralHn. to th Manager In writing, together wiwi an original documents relating to such sale, shipment, and rejection, and the Manager ahall take whatever action he deema proper In th prem ises. ARTICLE IX. Guarantees and Adjustment 1. No Shipper shall make sales for futur ahlpment or accept ordera for rutur ahlpment which express or contemplate any guarantee bv the Shipper against changes in price and each Shipper shall abide by the ruling of the Board of Trustees as to what constitutes a "guarantee" within the meaning of thl section. 3. No Shipper shall make any al lowance or adjuatment tor unsatis factory condition which allowance or adjuatment results In a reduction in the minimum published aale price, ex cept upon express permission from th Msnager. ARTICLE X. Payment and Storage Charge I. Th Board of Trustees ahall es tablish a uniform method of pay ment for sales for future ahlpment and each shipper shsll adhere there to. Such method of navment shall in. elude a minimum partial payment to o maae at the time the order la book. ed. a partial payment to be made when tn car 1 placed In atotage, aubee quent minimum Installment and the datea payable. Interest and other car rying charge. 3. Th Board of Trustees ahall fix maximum and minimum chargea for packing and storage aervlces and thereafter all auch charges ahall be made on a uniform basis Intra-dls-trlct and as nearly aa possible Inter dlstrlct; PROVIDED, however, that thla ectlon ahU not apply to pro ducer or cooperative associations of producers handling members' fruit. 3. No Shipper ahall furnlah storage services of any kind to buyera for leas than th minimum rate established for auch services snd report of sales made on a storage paid baala ahall Indicate th amount of th storage charge Included In the price. ARTICI.R XI. Expenses, Investigations and Appeals 1. Each Shipper agrees with the Secretary and with each of th other Shlppera severally that he will pay to the Board ot Trustee for the use of said Board a share or all expenses Incurred by th Board pursuant to thla agreement and will mat auch payment on receipt or notice from th Board of Trustee of hla ahar of auch expenses. Such share shall, ten tatively, be such proportion of the total expense of th Board of Trus tee aa esch Shipper's total ship ments of deciduous frulta by car loads during the last calendar yeerj oear to us Knsi oi suoa enipmcnie by carload by all th Shipper dur. lng said last calendar year. Such shares shsll be recomput by the Board of Trusteea At the end of each year on th basts of each Shlpper'a proportion of the total ahlpment for said year, and adjustment ahall be made with each Shipper on th baala ot such recomputatlons. 3. The Board of Trustee, th Man ager, each Committee, an1 each Ship, per ahall, aa and to tha extent which th Secretary may require, maintain a system ot accounting and auditing which ahall be eatlefactory to the Secretary and th respeotly book and record of th Board of Trustees, each Committee, the Manager and each Shipper shall be aubject to the Secretary's examination during the usual hours of business. From time to time, they shall each furnlah to the Secretary on and In accordance with form to b supplied by th De. partment of Agriculture auch lnfor. matlon as the Secretary may request. 3. If Information shall oome to the knowledge of any Shipper c the vio lation of any of the terms or condi tion of this agreement by any other Shipper, the Shipper having auch knowledge shall notify the Manager of such violation by a written atate. ment containing the charge and all available substantiating evidence. 4. If the Board of Trustees upon Inspection of any Information from any source, ahall find therein evi dence that ny Shipper la violating the terms and condltlona or this agreement, It shall thereupon be the duty or said Board of Trustee to In. veetlgate such charged or auspected violation. The Board of Trustees may call upon the Shipper whose transactlona are under investigation to rurnlsh a statement of the facts under oath. After due Investigation ir It 1 the opinion of the Board of Trustees that the chargea are true, It shall order such Shipper to dis continue such violation, and In the event of non-compliance by the Ship per with such order, It ehall report auch non-compliance to the Secre tary. S. In aid of any Investigation with respect to charges against any Ship per or with respect to any dispute arising out of thla agreement, each Shipper agrees that the Board of Trustees may designate a reputable firm or public accountant to ex amine, during the usual business hours, the book and records of the Shipper whose practice are under In vestigations and report upon the matters that shall have been specified In a direction to auch accountant. Said direction to the accountants must specifically set forth the mat ters upon which a report I required and said accountant ahall not reveal to the Board of Trustees any other matters whatsoever disclosed by said examination. a. A Shipper may appeal In writ ing; to the secretary from any decis ion of the Board of Trusteea with reference to any dispute or Investlga tloL or from any alleged Injustices or wrongful act of . any Committee or Officer thereof. Pending the disposi tion by the Secretary of any appeal rrom a ruling of the Board of Trus tees, the parties Involved shall abide by the decision rendered by the Board -of Trustee. In the event of such appeal, It shall be the duty of wie uoard or Trustees to forward to the Secretary the complete record of the hearlnga and rlndlngs or the Board or Trustees. ARTICLE Xlt. Miscellaneous Provisions 1. The Board of TriiateM mnv frnm time to time nronoae amenrimAntji to or modification of thla agreement and any auch amendment or modifi cation ahall becnmA nffet.lv at t.Via date designated by the Board of "wkw, proviaeu aticn amendment or mouuication snail nave first been approved bv the recorded vote of a majority of the Shlppera present at n; regular or special meeting called for the exDreAa nnmw nt mimMw. lng such amendment or modification ana oy tne eecretnry. 3. Each Committee created hMh or hereunder, at It organization mceung ana from time to time there after shall elect auch officers and adopt auch rules and regulation for the conduct of tta business as It may deem advisable. The membership of all Committees created hereby or hereunder may be changed and any raucy merein may be rilled in auch manner a the Board or Trustees from time to time determine. 3. Nothing herein contained ahall be construed in dernoatlnn nt th right of the Secretary to xrctM .nv powera granted to him by the Act., and In accordance with uch powers, to act In the premise whenever he shall deem it advisable. 4. The rules and definition nf trade term set forth In Schedule A attached here to and made a part hereof, ahall be binding upon each shipper party hereto. 5. No member of in mmmltu n- the Manacer or the jwrtw s.it h held responsible individually n any way whatsoever to any Shipper, or any other person, ror errors In Judg ment, mistakes! or other act either or commission or omission except ror u,s.ivuesiy. ii i understood by all Shippers that it will h. n.. sary tor the various committees and uie Manager ro rely upon estimates and data which mav be uncertain and susceptible or error. ARTICLE Xin. Parties and Terms 1. Anv Shlnner a hwinw. i- Article 1 defined may become a party ! agreement on equal terms with th signatories hereto. 3. Thl agreement shall become f fectiv at such date a th Secretary may determine and ahall continue n force until the la.t dv , .... ... dar month following the aforesaid date and thereafter from month to uionin. except that: (a) The Secretary mi?. Kv .Atta in writing sent by registered mall, ad dressed to the Manager on or before the 30th day of anv month, (fmin... said contract aa or th end or uch uiuiiin. . (b) Upon th written shipper, th sum of whose aversge nosa enipments over the period ot th last three nrecedin .i.. yeata equal 73 per cent of th averl ne lotai carload (hipped In aid yesrs by U hlpper parties hereto, the Secretary ahall h u in writing sent by registered mall, ad- areasea to th Manager on or before the JOth day of any month, termin ate ssld contract aa of th end of such month. (c) Thl agreement hall la any vent terminate whenever th Prel dent or congress shsll terminate those provisions of th Act which u. thorla this agreement. 8. Th benefit, privilege and lm. munltlea conferred by virtue of thla agreement ahall cease upon It ter mination except with respect to acts prior thereto, and th benefits, privi lege and Immunltte conferred by virtu of thl agreement upon any party signatory hereto ahall cease upon it termination a to such party xoept. with respect to act prior thereto. This sreemnt ha been prepared in Identical counter- part. Each shipper becoming a party to thl agreement ahall algn and de posit with the Secretary one of aald counterpart and, It a corporation, ahall deposit together with said aign ed counterpart a certified copy of a resolution of th Board of Director or of th stockholders Authorizing such signing and delivery. The Secre tary ahall algn and deliver to the Chairman of tha Board of Trustees one ot said counterparts and shall en dorse thereon th effective date of thla agreement. Any of aald counter part so executed shall constitute and shall be accepted aa evidence of the term of this agreement without the production of any or all of aald other counterparta. IN WITNESS WHEREOF, thl agree ment ha been signed thls.... day of 1933. Effective date , 1933. (Shipper) Secretary or Agriculture. CODE $1 AN HOUR A temporary code, Betting one dol lar an hour aa charge for all painting In the city of Medford, wtu adopted Friday night at a meeting at the court houee of 40 painters, It waa an nounced yesterday. The 40-hour week set forth In the blanket code of the National Recovery act was also adopt ed by the painters and It was agreed that no member of the trade would work on Saturday. The one dollar prtoe for painting la still below the scale In effect tn 1920, which waa $1.36 per aour. The present agreement, however, will be observed until about September 1, when It la understood, the national code for painters will be forwarded from Washington. F. J. Runts, local paJnter, waa named temporary chairman of the painters' organisation at the meeting, and W. 8. Bolger, president of the Chamber of Commerce, spoke to the group, explaining the recovery act. AH painters and dealers were being notified yesterday of the wage scale adopted, and the working hours to be observed here by painters. Present at the meeting were F. J. Runta. Roy B. Trematne, a, L. Craft ford, H. Graham, Harry Marx, Ouy Wtklay, F. R, Goodfellow, John Spack- man, E. C. Rice. Code Hall. Harry Bryant, C. H. Berry, C. K. Williams, Mike Flyn. Bill Putal. J. T. Anderson, H. E. Robinson. H. Coghlll. J. W- Nixon, M. A. Bll&s, W. F. Grlnsted, Frank Laah, Arthur West, R. H. Cad wallader and C. J. Bagllen. PEAR WORKERS' PAY SCALE IN ABEYANCE Pending word from federal Offi cials at Portland, there will be no an- nouncementa of wagea to be paid In the orchards and packing plants ot the city and valley. Picking and packing of Bartletta wilt be full swing by tho middle of next week. The wage schedule Is expected to be received early next week. GUY W. CONNER INCORPORATED Twenty Years Experience Growing and Shipping Domestic and Foreign Sales BUYER for CANNERIES Phone 92 South Front at Tenth St. Y FOR FINE IRK Assistant Attorney General Ralph B. Moddy. who conducted the turmoil cases of Jackson county, In success ful prosecution, was the guest of honor at a luncheon this noon at the Hotel Medford, attended by a score of citizens of thla city. Attorney Moody waa presented with a silver ctgarett case, aa a token of apprecia tion. Members of the atate police, the district attorney's office, and citizens who had taken an active part, "be hind the scenes" were present. After a short vacation, which In cludes a trip to San Francisco and Victoria, B. O. by steamer, Assistant Attorney General Moody and wife will move to Salem. Following brief complimentary ad dresses by B. E. Harder, Attorney O. O. Boggs, and Lieut. Alex Dunn of the state police, Attorney Moody, with the modesty of genius replied, "while the credit Is given to me I was but the channel through which the Right spoke, and I was assigned to present the Truth . . ." "Jackson county has now been re stored to Its rightful place, In the minds of the people of the state. You must watch your P'a and Q's, and nip the first signs of returning agitation In the bud. One of the criticisms I have heard over the atate, was that the curse was allowed to run Its course. Both District Attorney Cod ding and his assistant George Neil son, are now alert, to the dangers of turmoil, and In its suppression in the future. "Banks and Fehl were the leaders, and they are now safe behind prison bars' continued Attorney Moody. "Every man convicted had a fair and Impartial trial and the record Is free of error. The court acted wisely In Its course. It can be said, that the Jury In the Fehl case required but one ballot, and It waa unanimous for conviction. "The leaders In this unholy move ment are all convicted, and they can not be paroled until they have served two-thirds of their sentences. Banks la serving life, and an never be freed, except through the clemency of pome future governor. "The remaining ballot theft cases were dismissed, because the cancer and its evils In Jackson county had been eliminated, and It was felt that to continue would be needless ex pense, and In the event of an acquit tal react unfavorably. Attorney Moody said he conferred daily with B. E. Harder and other Medford citizens, "who gave sound and sane advice, and are those be hind the scenes who deserve great credit for the roles they played . . ." "I felt that Truth was on the side of the state, and, all that the state wanted1 waa the conviction of the guilty, to the end that peace be re stored. I was aligned with no fac tion, and my chief thought was, there must be no failures . , ." Attorney O. C. Boggs, head of the "Committee of 100" In a short talk declared, "many people were misled, and the hardest problem was to con vince them that their leaders were wrong. I am pleased to say that 95 per cent of this sentiment has been eradicated. The evidence presented by the state was so convincing, that now even the best friends of the de fendants are convinced of their guilt. There will no mqre riotous and un patriotic conduct In this county. Attorney Moody In conclusion said the press of Jackson county had ren dered valuable assistance In present ing the true facts to the public. "The door to my office will always be open to people from this end of the atate, and I will feel hurt unless you come to see me when you hap pen to be In Salem." Broken windows glazed by Trow bridge Cabinet Works. Real estate or Insuranoi to Jones. Phone 690. -leave It Cable Address "CONNER," Medford, Oregon P. 0. Box 1155 JOHNSEN TENDERS RESIGNATION FROM C-C DIRECTORATE A. F. Johnson, manager of the Standard Oil company of California, who recently received promotion to .the Fresno headquarters of the com pany aa district sales manager for that district In California, handed hla resignation today to the Medford Chamber of Commerce board of di rectors at luncheon at the Hotel Jackson. The resignation waa accepted with regret by the board, and Raymond Reter, on behalf of the members, pre sented Mr. Johnsen with an electric desk clock, appropriately Inscribed. A complimentary life membenshlp In the Medford chamber was also pre sented the departing member. A suit able resolution will be prepared by the board and forwarded to him In his new headquarters In the south In responding, Mr. Johnsen stated that he had enjoyed his location in Medford more than any previously experienced snd added that words failed him when he wished to ex press his appreciation of the gift of the Chamber of Commerce board and of the many favors extended him here. He described the Medford citizen ship aa "the finest In the world" and announced that he would be antici pating an early return visit to thla city. Mr. Reter, In presenting the gift of the board, reviewed the many activi ties headed here by Mr. Johnsen, stressing the loss his departure will be to Medford. He has been chair man of the forum committee of the chamber, chairman of the 75th anni versary celebration to be held here next summer, a member of the board of directors, and tbe publicity and entertainment committees. The board of directors today also voiced regret at the departure to Se attle of Carl Grant, who has been promoted by the Metropolitan Life Insurance company from the local agency, where he Is manager. The splendid work Mr. Grant performed as a member of the membership com mittee was highly commended by the board. In voicing regret at the departure of the two men, the board also stated, that Medford should, however, be proud to have two men deserving of sufh splendid promotions at this time. A new membership In the Chamber of Commerce of 45, resulting from the drive now on, was reported and accepted by the board. Jack Wurta has started a new In dustry in Medford with the produc tion of attractive plaques which are designed and manufactured at the Wurts studio on South Central ave nue. Several different designs have been perfecttd by Mr. Wurts in order to appeal to the general public. Artis tic coloring makes these original plaques desirable for decorative pur poses In various types of rooms. A salesman. In representing Mr. Wurts, In introducing his plaques In' Cali fornia, and a number of orders have already reached Mr. Wurts, he aald today. Card nf Thanks We wish to express our thanks to our many friends for their sympathy and kindness during our recent be reavement. Also for the beautiful and Mrs. L. O. Caster and family. Mr. and Mra. J. W. Pruett and family.