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.