« ForrigeFortsett »
such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Aug. 11, 1916, ch. 313, part C, $ 32, 39 Stat. 491.)
§ 273. Rights reserved.—The right to amend, alter or repeal this chapter is hereby expressly reserved. (Aug. 11, 1916, ch. 313, part C, $ 33, 39 Stat. 491.)
Chapter 11.-HONEYBEES 8 281. Importation of honeybees prohibited; exceptions.--In order to prevent the introduction and spread of diseases dangerous to the adult honeybee, the importation into the United States of the honeybee (Apis mellifca) in its adult stage is hereby prohibited, and all adult honeybees offered for import into the United States shall be destroyed if not immediately exported : Provided, That such adult honeybees may be imported into the United States for experimental or scientific purposes by the United States Department of Agriculture: And provided further, That such adult honeybees may be imported into the United States from countries in which the Secretary of Agriculture shall determine that no diseases dangerous to adult honeybees exist, under rules and regulations prescribed by the Secretary of the Treasury and the Secretary of Agriculture. (Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833.)
§ 282. Punishment for unlawful importation.---Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court. (Aug. 31, 1944, ch. 301, § 2, 42 Stat. 834.)
$ 283. Sale of surplus bee-breeding stock; disposition of moneys. --- The Secretary of Agriculture may propagate bee-breeding stock and distribute by sale stock surplus to research needs: Provided, That the rates at which such sales are made shall be fixed by regulations of the Secretary and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts. (Sept. 21, 1944, ch. 412, title I, § 103, 58 Stat. 735.)
CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. Chapter 12.--ASSOCIATIONS OF PRODUCERS OF AGRICULTURAL
PRODUCTS $ 291. Authorization of associations; powers generally-Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements:
First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein, or,
Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum.
And in any case to the following:
Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. (Feb. 18, 1922, ch, 57, § 1, 42 Stat. 388.)
CROSS REFERENCE "Cooperative association of producers" defined, see section 2 of this title.
§ 292. Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure.--If the Secretary of Agriculture shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed, show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of Agriculture may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of Agriculture shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization cr restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of Agriculture shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceeding, together with a petition asking that the order be enforced, and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The place of trial may, for cause or by consent of parties, be changed as in other causes.
The facts found by the Secretary of Agriculture and recited or set forth in said order shall be prima facie evidence of such facts, but either party may adduce additional evidence. The Department of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein the court may issue a temporary writ of injunction forbidding such association from violating such order or any part thereof. The court may, upon conclusion of its hearing, enforce its decree by a permanent injunction or other appropriate remedy. Service of such complaint and of all notices may be made upon such association by service upon any officer or agent thereof engaged in carrying on its business, or on any attorney authorized to appear in such proceeding for such association, and such service shall be binding upon such association, the officers, and members thereof. (Feb. 18, 1922, ch. 57, § 2, 42 Stat. 388.)
CROSS REFERENCE “Cooperative association of producers" defined, see section 2 of this title. Chapter 13.–AGRICULTURAL AND. MECHANICAL COLLEGES AGRICULTURAL EXTENSION WORK APPROPRIATION
Farm Labor For appropriation available for expenditure by agricultural extension services of the land-grant colleges to assist in providing a supply and distribution of farm labor for 1943, see sections 1351-1355 of Appendix to Title 50, War.
COLLEGE-AID LAND APPROPRIATION § 301. Land grant in aid of colleges generally.There is granted to the several States, for the purposes hereinafter mentioned in sections 302-308 of this title, an amount of public land, to be apportioned to each State, a quantity equal to thirty thousand acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of 1860: Provided, That no mineral lands shall be selected or purchased under the provisions of sections 301-308 of this title. (July 2, 1862, ch. 130, § 1, 12 Stat. 503.)
8 302. Method of apportionment and selection; issuance of land scrip.--The land aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections, not less than one-quarter of a section; and whenever there are public lands in a State subject to sale at private entry at $1.25 per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at $1.25 per acre, to which said State may be entitled under the provisions of sections 301-308 of this title, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in sections 301-308 of this title, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at $1.25, or less, per acre: And provided further, That not more than one million acres shall be located by such assignees in any one of the States: And provided further, That no such location shall be made before July 2, 1863. (July 2, 1862, ch. 130, $ 2, 12 Stat. 503.)
8 303. Expenses of maagement, etc., to be paid by State. All the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received
therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter in sections 304-308 of this title mentioned. (July 2, 1862, ch. 130, $ 3, 12 Stat. 504.)
§ 304. Investment of proceeds of sale of land or scrip.-All moneys derived from the sale of lands, as provided in section 302 of this title by the States to which lands are apportioned and from the sales of land scrip provided for in said section shall be invested in bonds of the United States or of the States or some other safe bonds; or the same may be invested by the States having no State bonds in any manner after the legislatures of such States shall have assented thereto and engaged that such funds shall yield a fair and reasonable rate of return, to be fixed by the State legislatures, and that the principal thereof shall forever remain unimpaired : Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undinimished (except so far as may be provided in section 305 of this title), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of sections 301-308 of this title, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to each such branches of learning as are related to agriculture and the mechanical arts, in such manner as the legislatures of the States may repectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. (July 2, 1862, ch. 130, $ 4, 12 Stat. 504; Mar. 3, 1883, ch. 102, 22 Stat. 484; Apr. 13, 1926, ch. 130, 44 Stat. 247.)
§ 305. Conditions of grant.-The grant of land and land scrip authorized in sections 301-304 of this title shall be made on the following conditions, to which, as well as to the provisions contained in sections 301-304 of this title, the previous assent of the several States shall be signified by legislative acts:
First. If any portion of the fund invested, as provided by section 304 of this title, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished and the annual interest shall be regularly applied without diminution to the purposes mentioned in section 304 of this title, except that a sum, not exceeding 10 per centum upon the amount received by any State under the provisions of sections 301-304 of this title, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States.
Second. No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings.
Third. Any State which may take and claim the benefit of the provisions of sections 301-304 of this title shall provide, within five years from the time of its acceptance as provided in subdivision seven of this section, at least not less than one college, as described in section 304 of this title, or the grant to such State shall cease; and the said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchases under the State shall be valid.
Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail, by each, to all the other colleges which may be endowed under the provisions of sections 301-304 of this title, and also one copy to the Secretary of the Interior.
Fifth. When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they shall be computed to the States at the maximum * price, and the number of acres proportionately diminished.
Sixth. No State while in a condition of rebellion or insurrection against the Government of the United States shall be entitled to the benefit of the provisions of sections 301-304 of his title.
Seventh. No State shall be entitled to the benefits of the provisions of sections 301-304 of this title unless it shall express its acceptance thereof by its legislature within three years from July 23, 1866: Provided, That when any Territory shall become a State and be admitted into the Union, such new State shall be entitled to the benefits of the provisions of sections 301-304 of this title, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within five years after such acceptance, as heretofore prescribed in this chapter. (July 2, 1862, ch. 130, § 5, 12 Stat. 504; July 23, 1866, ch. 209, 14 Stat. 208; March 3, 1873, ch. 231, § 3, 17 Stat. 559.)
REPEAL Paragraph fourth was repealed in part by act March 3, 1873, ch. 231, $ 3, 17 Stat. 559, which provided in part: “That all laws and parts of laws permitting the transmission by mail of any free matter whatever be, and the same are hereby, repealed from and after June thirtieth, eighteen hundred and seventy-three.”
Paragraph seventh formerly contained a proviso which read as follows: "Provided further, That any State which has prior to July 23, 1866, ex