CONSTITUTIONAL LAW - STATE PRORATION ACTS - REGULATION OF PRODUCTION WHEN SALES ARE LARGELY INTERSTATE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. Ninety-five per cent of the raisins produced within the state are sold to outside consumers. The plaintiff sought to restrain enforcement of the program. Held, one justice dissenting, that the statute is an unconstitutional attempt to stabilize prices by controlling the supply of raisins in interstate commerce. Brown v. Parker, (D. C. Cal. 1941) 39 F. Supp. 895.

Recommended Citation

Michigan Law Review, CONSTITUTIONAL LAW - STATE PRORATION ACTS - REGULATION OF PRODUCTION WHEN SALES ARE LARGELY INTERSTATE, 40 Mich. L. Rev. 746 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss5/10