anaheim-gazette 1927-07-21

New Federal Law Protects Farmers Act Protects Them From Unscrupulous Commission Men One thing that congress did for the farmers at its last session was to pass what is known as the Produce Agency Act to protect them against the practices of unscrupulous commission merchants. This law became effective July 1. Under its provisions farmers will be assured that they will get a square deal when they ship perishable products on consignment. For years there have been numerous complaints that farmers have been cheated or dealt with unfairly by individuals and firms whom they trusted to market their produce on the commission basis, and in many instances there has been abundant evidence that the complaints were justified, but there was nothing that could be done about it. Under this system of marketing the farmer ships a carload of mellons or potatoes, or any quantity of those or any other of his products to an agency to be sold at the best obtainable price. The agency to receive a stipulated commission. The transaction is wholly at the farmer's risk. If his produce does not arrive in good condition; if it spoils before it can be sold; if it arrives when there is a market glut and a buyer cannot be found for it, or if the best price obtainable is so low that the proceeds will not even pay the freight, he is out of luck. Moreover, in the past he has had to take the agency's word for it if for any reason he did not realize what he had hoped or expected from the shipment. He might be told, for example, that his mellons were in bad condition when received or had to be sold for little or nothing. He would have no means of making sure whether this were true, for before he could get any trace of his mellons they would not only have been sold, but consumed, and he would find it an accordingly difficult matter to keeping connections that are satisfactory in the long run. But there are some crooks in the commission business, and they have found easy marks in the small farmers who have not the resources to fight for their rights. Under the new law, however, the commission crooks will find that instead of having a few indignant tillers of the soil after them, they will have all the powers of the federal government on their trail and that if they are caught, they will incur penalties sufficiently severe to make them hesitate long before indulging again in sharp practices. The law covers three important propositions. It makes it a misdemeanor for anyone receiving perishable farm products in interstate commerce for or on behalf of another to dump, abandon or destroy the products so received without good and sufficient cause thereof; to fall, knowingly with intent to defraud, to account truly and correctly for the products or to make any false statement, knowingly and with intent to defraud, concerning the handling condition, quality, sale or disposition of the products. The products concerned include fruits, vegetables, melons, dairy or poultry products, or any other perishable farm products. Any person found guilty of violating the act may be punished by a fine of not less than $100 and not more than $3000, or by imprisonment for a period not exceeding one year, or by both fine and imprisonment. The secretary of agriculture is charged with the enforcement of the act, and with the making of gof rules and regulations necessary to carry out its provisions. "In considering the act and the regulations," says Lloyd S. Tenny, chief of the bureau of agricultural economics, "numerous questions will arise in the minds of the handlers of perishable farm products as to when and under what circumstances the law is applicable. It is not possible for the department to force and announce in advance all the instances in which the act may apply. "In its enforcement, the department necessarily must consider each transaction that may come into question strictly upon the facts relating thereto. In general it may be stated, however, he is satisfied that he has sufficient cause for dumpling in good faith, he may the produce inspected. In be made by any authorizee of the United States department culture, or by any health inspector of any state, city or municipality. If the produce receives commercial value unless but could be reconditioned more than the cost of mending the receiver would be ex condition it and dispose of advantage of his principal. The pooling of different uce received for sale, or the averaging of various prices different lots of produce shipper or owner of the agreed thereto, is not auth new law." CROPPING AGREEMENT In a recent decision has the supreme court of California case of J. F. Dudley and vs. Orrin J. Lowell, the court rule that the contract allen, ineligible to citizens session of land with com of the cultivating, harvesting and delivery of the crop gg as an independent contractor, with unlimited dis hours and seasons of labor class, residence and wage ployes, with independent injury and damage to cec independent responsibility accidents, is a cropping accidentally forbidden by the 1923 to the California Allen Lg not a mere contract of c. This decision, given in again raises the question between Japan and the in respect to agricultural state. That treaty does no Japanese subjects the prerequisite or leasing land for purposes. In Webb vs. U. S. $13), the court, in California cropping contract the act may be read thus allens may own or lease l not be found for it, or if the best price obtainable is so low that the proceeds will not even pay the freight, he is out of luck. Moreover, in the past he has had to take the agency's word for it if for any reason he did not realize what he had hoped or expected from the shipment. He might be told, for example, that his melons were in bad condition when received or had to be sold for little or nothing. He would have no means of making sure whether this were true, for before he could get any trace of his melons they would not only have been sold, but consumed, and he would find it an exceedingly difficult matter to prove at what price his particular lot of melons had been sold. He might even be told that it had been found necessary to dump or destroy his melons, and all he could do would be to curse his luck and pick another agency for his next consignment. There have been cases in which perfectly good produce has been dumped or destroyed to hold prices at higher levels than could be maintained if regulated solely by the law of supply and demand. This is where the consuming public becomes interested in the matter, for it has to pay more for the produce than is justified by actual market conditions. Of course reputable commission men do not indulge in practices such as have been complained of, and it is conceded that the great majority of those in the business are reputable. It is equally true that the farmer who is shipping regularly and in considerable quantities has little or no trouble in making mar- "In considering the act and the regulations," says Lloyd S. Tenny, chief of the bureau of agricultural economics, "numerous questions will arise in the minds of the handlers of perishable farm products as to when and under what circumstances the law is applicable. It is not possible for the department to force and announce in advance all the instances in which the act may apply. "In its enforcement, the department necessarily must consider each transaction that may come into question strictly upon the facts relating thereto. In general, it may be stated, however, that all persons, firms, associations, or corporations, receiving produce for or on behalf of another in interstate commerce or in the District of Columbia, whether at the point of origin or at destination or elsewhere, are subject to all the provisions of the act. Obviously it applies, therefore, not only to commission merchants, but also to distributors, brokers, and others whenever they receive produce to be handled for or on behalf of another." Provision has been made for the issuance of certificates on produce that is without commercial value when such produce of such a certificate is to protect the receiver subject to the act by furnishing him with evidence which he may submit to his principal to show that he had good and sufficient cause for dumping, abandoning, or destroying the produce. The law does not require the receiver to get such a certificate. That is entirely a matter within his discretion. If accidents, is a cropping commonly forbidden by the 1925 to the California Allen Law, not a mere contract of co-operation between Japan and the United States in respect to agricultural state. That treaty does no Japanese subjects require quiring or leasing land for purposes. In Webb vs. U.S. 313), the court, in California cropping contract, the act may be read thus: all persons may own or lease factories, warehouses and may lease land for residency purposes. These not possession or enjoyment otherwise, are permitted." The reiteration by the previous position clearly states that court will insist upon a fit with the spirit and purpose land acts which is said to "upon broad principles safety and public welfare." said the court O'Brien, "the farming of eligible aliens would give occupancy and benefit of lands which in effect would deprive them of use, occupation by a citizen theory would be incompatible with husbandry." Evidently Britannia is to give up that age-long life of the seas. WHAT YOU CAN You rightfully expect more than a lowing of your order when you get print this shop. We promise you service. Service in intelligent study of manuscript; the type to be used; perfection in alignment quality of paper; how to cut it, print it, No job too small for our Quality Printing Standards PHONE 72 ANAHEIM GAZE "Printed Matter of the Better Kind" he is satisfied that he had good and sufficient cause for dumping and is acting in good faith, he need not have the produce inspected. Inspections may be made by any authorized inspector of the United States department of agriculture, or by any health officer or food inspector of any state, county, parish, city or municipality. If the produce received is without commercial value unless reconditioned but could be reconditioned and sold for more than the cost of reconditioning, the receiver would be expected to recondition it and dispose of it to the best advantage of his principal. The pooling of different lots of produce received for sale, or the pooling and averaging of various prices received for different lots of produce, unless the shipper or owner of the produce has agreed thereto, is not authorized by the new law. CROPPING AGREEMENT In a recent decision handed down by the supreme court of California in the case of J. F. Dudley and Y. Hayakawa vs. Orrin J. Lowell, the court laid down the rule that the contract which lets an allen, ineligible to citizenship, into possession of land with complete control of the cultivating, harvesting, handling and delivery of the crop grown thereon, as an independent contractor or operator, with unlimited discretion as to hours and seasons of labor, the number, class, residence and wages of his employees, with independent liability for injury and damage to equipment and independent responsibility for industrial accidents, is a cropping contract specifically forbidden by the 1923 amendments to the California Allen Land Acts and not a mere contract of employment. This decision, given in June 11, 1927, again raises the question, of the treaty between Japan and the United States in respect to agricultural lands of this state. That treaty does not confer upon Japanese subjects the privilege of acquiring or leasing land for agricultural purposes. In Webb vs. O'Brien (263 U.S. 313), the court, in passing on a California cropping contract, stated that the act may be read thus: "Ineligible allots may own or lease lands, manu- Speed Limit Now 40 Miles Per Hour Law to Be Rigidly Enforced, Declares Department Chief Notice has been served on the California driving public by Frank G. Snook, chief of the Division of Motor Vehicles, that the new law, effective July 29, fixing the maximum speed limit on the public highways at 40 miles an hour, will be rigidly enforced. "Forty miles means 40 and not 45." Such was the term order given traffic officers operating throughout the state. There will be no tolerance permitted. Snook's order added: "This department felt and still feels that 40 miles an hour under open road conditions is a comparatively safe rate of speed. We likewise found this to be the general opinion among authorities, after a survey of several weeks while the legislature was in session. For this reason we sponsored an increase from 35 to 40 miles an hour as the maximum, believing that it would tend to speed up traffic. "Thousands of motorists have for years technically violated the law by driving up to 40. It will now be possible for them to enjoy this extra five miles and still drive within the limit. We believe this will tend toward a greater respect for the law. "But 40 miles means just that and no more. We propose therefore to arrest any motorist caught traveling beyond this limit, believing it fast enough for ordinary purposes." "Motorists are likewise warned that they can be charged with rockless driving for travelling at speeds much less than 40 miles under certain conditions, such as heavy traffic, dangerous crossings and intersections, etc." Our office boy says that when he makes the aeroplane flight to Hawaii, he hopes the machine lands right on the beach at Walkiki. The governor of Nebraska, it is said, Sale and Decree of Foreclosure and Writ for the Enforcement of Judgment, issued out of the Superior Court of the State of California, in and for the County of Orange, in the above entitled action on the 14th day of July, 1927, wherein the above named plaintiff obtained a judgment and Decree of Foreclosure against the above named defendants on the 8th day of July, 1927, for the sum of $3,756.67, lawful money of the United States, besides interest and costs, which judgment and decree was on the 9th day of July, 1927, recorded in judgment book Volume 21 of said Court, at page 109. I am commanded to sell at public auction, in the manner prescribed by law, all that certain real property situated in the Township of Anaheim, County of Orange, State of California, and described as follows, to-wit: The Southerly 104 feet of Lot 113 in Block "H" of Helmann and George's Map of Addition Building Lots, in the City of Anaheim, County of Orange, State of California, as per map thereof recorded in Book 2, Page 249 of Miscellaneous Records of Los Angeles County, California. Together with the tenements, here-ditaments and appurtenances thereunto belonging, or in any wise appertaining. Public notice is hereby given that on Saturday, the 6th day of August, 1927, at ten o'clock, A. M. of that day, at the South door of the Court House in the City of Santa Ana, Orange County, California, in obedience to said Order of Sale and Decree of Foreclosure and accidents, is a cropping contract specifically forbidden by the 1923 amendments to the California Allen Land Acts and not a mere contract of employment. This decision, given in June 11, 1927, again raises the question of the treaty between Japan and the United States in respect to agricultural lands of this state. That treaty does not confer upon Japanese subjects the privilege of acquiring or leasing land for agricultural purposes. In Webb vs. O'Brien (263 U.S. 313), the court, in passing on a California cropping contract, stated that the act may be read thus: "Ineligible allens may own or lease houses, manufactures, warehouses and shops, and may lease land for residential or commercial purposes. These things, but not possession or enjoyment of land otherwise, are permitted." The reiteration by the court of its previous position clearly shows that the court will insist upon a full compliance with the spirit and purpose of the allen land acts which is said to rest largely "upon broad principles of national safety and public welfare." "Unquestionably," said the court in Webb vs. O'Brien, "the farming of lands by ineligible allens would give them a use, occupancy and benefit of agricultural lands which in effect would amount to a deprivation of its use, enjoyment and occupancy by a citizen. Any other theory would be incompatible with the occupation of husbandry." Evidently Britannia is a little loath to give up that age-long job as mistress of the seas. NOTICE OF COMMISSIONER'S SALE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE ZOILA V. SMYTHE. Plaintiff, vs. F. A. RUPERT, FLORENCE E. CLASEN, ABSTRACT AND TITLE GUARANTY COMPANY, a domestic corporation, BANK OF AMERICA, now known as BANK OF ITALY, NATIONAL TRUST & SAVINGS ASSOCIATION, a corporation. Defendants. Under and by virtue of an Order of Sale and Decree of Foreclosure and Writ for the Enforcement of Judgment, issued out of the Superior Court of the State of California, in and for the County of Orange, in the above entitled action on the 12th day of July, 1927, wherein the above named plaintiffs obtained a judgment and Decree of Foreclosure against the above named defendants on the 5th day of July, 1927, for the sum of $6,000.00, lawful money of the United States, besides interest and costs, which judgment and decree was on the 5th day of July, 1927, recorded in judgment book Volume 21 of said Court, at page 101. I am commanded to sell at public auction, in the manner prescribed by law, all that certain real property situated in the Rancho Los Coyotes, in the Township of Anaheim, County of Orange, State of California, and described as follows, To-wit: The West half (W½) of the Southwest quarter (SW¼) of the Northeast quarter (NE¼) of Section Seven (7), Township Four (4) South, Range Ten (10) West, S. B. B. & M. EXCEPTING THEREFROM the North ten (10) acres thereof heretofore conveyed, and YOU GET at more than a mere folten you get printing from service. Service includes an uscript; the proper faces section in alignment; exact cut it, print it, and fold it. small for our ing Standards NE 72 GAZETTE of the Better Kind" The West half (W½) of the Southwest quarter (SW¼) of the Northeast quarter (NE¼) of Section Seven (7), Township Four (4) South, Range Ten (10) West, S. B. B. & M. EXCEPTING THEREFROM the North ten (10) acres thereof heretofore conveyed, and ALSO EXCEPTING THEREFROM the South five (5) acres thereof heretofore conveyed. RESERVING therefrom for roads, railroads and ditches a strip of land 30 feet wide, along, adjoining and each side of the Township and section lines and a strip of land 15 feet wide, along, adjoining and each side of the quarter section lines; also reserving the use and control of clenegas and natural streams of water, if any, naturally upon flowing across, into or by said described tract, and reserving the right of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land. ALSO an undivided one-eighth (½) interest in a well and pumping plant located in the Northeast corner of the North ten (10) acres of the West one-half (W½) of the Southwest quarter (SW¼) of the Northeast quarter (NE¼) of Section 7, Township 4 South, Range 10 West, S. B. B. & M. Together with the tenements, here-ditaments and appurtenances thereunto belonging, or in any wise appertaining. Public notice is hereby given that on Saturday, the 6th day of August, 1927, at ten o'clock A. M. at the South door of the Court House in the City of Santa Ana, Orange County, California, in obedience to said Order of Sale and Decree of Foreclosure and Writ for Enforcement of Judgment, I will sell the above described property to the highest and best bidder for cash, in lawful money of the United States. Dated July 12, 1927. H. M. HEAD, Commissioner appointed by said Court. 7-14-4t ANAHEIM'S SS AND PROFESSIONAL DIRECTORY Anaheim, Cal. Phone 870 ELMORE FUNERAL HOME Successor to W. S. Huddle Mrs. Harry Elmore, Lady Assistant Harry Elmore, Director S. Lemon Street at Broadway Cars Washed Washed & Polished $1.75 Up $3.00 Up WHITE FRONT WASH RACK RECORD JONES Expert Repairing, Service Station and Grease Rack 428 S. Los Angeles St. Phone 25-W Anaheim, Cal. CHIROPRACTIC AND General Drugless Practice (State Medical Board License) 14 Years Steady, Successful Practice Dr. Gustav A. Neth 110 N. Resh St. Telephone 80 Cor. W. Center and Resh, Anaheim 240 Feet Private Auto Parking Space J. W. Truxaw, M. D. Physician and Surgeon Office Phone 341-J Res., 887 S. Los Angeles St. Residence Phone, 341-M Hours: 11-12; 2-4; 7-8 Golden State Bank Bldg. Cor. Center and L. A. Sts. ANAHEIM, CALIF. CHAS. L. REESKE Anaheim's Exclusive Tailor Suits made to order in Anaheim at very reasonable prices Johnston-Wickett Clinic Dr. Gustav A. Neth 110 N. Resh St. Telephone 80 Cor. W. Center and Resh, Anaheim 240 Feet Private Auto Parking Space CHAS. L. REESKE Anaheim's Exclusive Tailor Suits made to order in Anaheim at very reasonable prices I also do Altering and Repairing on ladies' and gentlemen's garments 114 So. Lemon Phone 150 Johnston-Wickett Clinic ANAHEIM, CALIF. Hours: 8:00 A.M. to 5:00 P.M. Office Hours: 9 to 12, 2 to 5 Phone 221-W DR. W. W. ADAMS OSTEOPATH 312 N. Lemon Street Anaheim California Phone 337-J Open Evenings Sunday by Appointment DR. OSHER PHYSICIAN AND SURGEON Eye, Ear, Nose and Throat Dentist—Painless Extraction Oculist—Glasses Fitted 107½ East Center St., Anaheim, Cal. TIMETABLE A. T. & S. F. By. Coast Lines In effect June 12, 1927 Trains to Los Angeles *No. 79 ... 6:35 A.M. No. 71 ... 11:57 A.M. $No. 78 ... 4:46 P.M. No. 75 ... 8:58 P.M. Trains From Los Angeles No. 78 ... 2:00 A.M. No. 72 ... 10:00 A.M. $No. 52 ... 11:88 A.M. No. 74 ... 3:16 P.M. No. 76 ... 7:24 P.M. *Through sleepers to Kansas City, Minneapolis, Chicago and Grand Canyon. *Through sleepers to Denver, St Louis, Chicago and Grand Canyon connections. San Bernardino and River-side connection. *Through sleepers to Chicago from San Diego for "The Chief," Phoenix, Houston, Galveston and New Orleans connections. C. A. WALKER Agent. Valencia Barber Shop ALL HAIR CUTTING 25c 226 E. Center Street EVA LYONS SMITH Piano APT. 7—KRAEMER BLDG. 222 EAST CENTER ST. PHONE 692 QUALITY—SERVICE A HOME INDUSTRY For Good Work Call 159 QUALITY—SERVICE A HOME INDUSTRY For Good Work Call 159 That Good Laundry Where quality and service is unexcelled Economy Laundry 808 N. Los Angeles St. Anaheim, California Does Your Roof Leak? Let us tell you how little it costs to re-roof with Wood or Composition Shingles or Roofing Paper. Ganahl-Grim Lumber Company 501 E. Center St. Phone 35 Anaheim, Calif. ANAHEIM FEED AND FUEL CO. Dealers in GRAIN FLOUR SEEDS WOOD COAL HAY Phone 317 W. D. GRAFTON, Prop. Public Weighing Scales