Tom Lindor, WEDNESDAY, SEPTEMBER 13, 1950 Commissioner NUMBER 2 iditorlal By By TOM riIneEe Law of Georgia, Code Section 42- eads. | as follows: Mecmille cream, ice cream mix or cream shall be shipped into Geor- from any other State unless such eream, ice cream mix or ice vis produced and handled un- _sanitary conditions no less ade- uate i in the protection of publie wel- e than milk, cream, ice cream mix r ice cream produced and marketed Georgia; and not then until au- orization for the shipping of such product or products has been issued y the Commissioner of Agriculture fter careful investigation. Any ilk or milk products shipped into eorgia, or produced or handled in eorgia in violation of this law shall . be condemned by the Commissioner Agriculture and rendered unfit for rketing by the addition of Pyok- solution or other harmless col- is matter. s law was enacted by the Legis- to protect the people of Georgia _unwholesome _ dairy products. e | assing the law contained in this ion, the Legislature had provided aws to protect the public in Geor- from unwholesome dairy products duced and handled within the State. ode Section was enacted to pro- them from unwholesome dairy prod- ; produced and handled outside the e. This law puts dlers of dairy products on an absolute ality whether they produce milk in or out of Georgia, This law con- ith no provision of the Constitu- of the United States or of Georgia, uding the Interstate Commerce clause laws enacted under it. It is good aw and will stand every test. duty of the Commissioner of Ag- on, and there is no doubt of the in- ssioner of Agriculture shall do. terstate clause of the Constitu- s not in any-manner force the Ge rgia " anything which can- ens f Georgia. If it eorgia | citizen to 1 iE LAW STANDS producers and, ure is clearly stated in this Code - f the Legislature as to what the - to sell liquor in Georgia. the law for a citizen of Georgia to sell liquor in Jeff Davis County, Georgia, then it is also against the law for a citi- zen of Ohio or Florida to sell liquor in Jeff Davis County, Georgia. Under the Peach Marketing Agree- ment, it is against the law to ship peach- es out of Georgia which do not conform to the standards of the marketing agree- ment. It is also against the law for a citizen of Ohio or Florida to ship peach- es out of Georgia which do not conform to the specifications contained in the Marketing Agreement. If it is against the law for a citizen of Georgia to sell milk, cream, ice cream or ice cream mix in Georgia below a certain standard, then it is also against the law for a citizen of Ohio or Florida to sell any milk, cream, ice cream or ice cream mix in Georgia which are below those _ game standards. _ This law is so plain, so fundamental and so elementary that it requires no lawyer or court to interpret it. Most of the school children in Georgia know that you cannot prohibit the ship- ment into Georgia of a commodity sim- ply because it is produced in another . State. Certainly I know this to be true and certainly I have never undertaken to do anything of the kind. In the Market Bulletin of Wednesday, April 15, 1942, eight. years ago, I wrote an article entitled, Problems of the Milk Supply in Georgia. On Page 2, I used the following language: Since the Legislature passed laws providing for dairy and plant inspec- tion, and requiring producers and plants to invest large sums of money in equipment, this makes it neces- sary to prevent the sale in the state - of milk produced outside the state which is not produced under just as strict regulations as Georgia milk is produced. For this reason, the Legislature passed a law providing that no milk could be brought into Georgia unless it is produced under just as strict re- quirements as the Georgia producer is required to meet. The law further provides that the milk cannot be brought into the State except on a permit f the Commissioner of If it is against. Agriculture after proper tion. Under the authority of this law we have arrested and _ discolored milk in several cases being brought into the State unlawfully. investiga- This should convinc anyone of the clarity of the legislation and of the fact that the Commissioner of Agriculture understood its meaning and had no in- tention of going outside the authority of _ the law in stopping the sale of inferior milk and milk products in the State. All six of the suits filed against me were filed by the same lawyers. Four of them were by the same client. This client swore in his petition in the Federal Court that he was a citizen of Georgia. Later he filed an amendment stating that he was a citizen of Florida. In his suits against me in Jeff Davis County, he swore that he was a resident of Florida. Some of his applications were made from Camden County, Georgia, and some from Jacksonville, Florida. In a hearing in my office on Friday, September 8, I asked this client and: his lawyers about this. His lawyers said that they were instructed to do this by somebody on the telephone, but when I asked them who they were talking to on the telephone neither of them could re- member who they talked to. The client himself, in answer to the.same question, stated that he had another lawyer to fix up the application showing he was a resi- dent of Georgia. This is the man who said that I blued his milk simply because it was produced_in another State. In spite of this, however, the Court held that the Commissioner of Agricul- ture was not enjoined from enforcing the provisions of Code Section 42-522. In addition to all this, the - Supreme Court of the United States has repeated- ly held to the effect that milk, because of ifs peculiar nature, can constitute an especial hazard to health, and for that reason, the interstate commerce theory is even less applicable to: milk than it is to many other products such as seed for instance. However, in the case of planting seed, a few years ago I was temporarily en- joined under the Interstate Commerce Laws from enforcing the Seed Law on seed shipped from Michigan into Geor- gia. Appearing before a three Judge Federal Court and explaining that I made (Continued on Page Four) ry PAGE TWO. MARKET B GEORGIA MARKET BULLETIN Address all items for publication and all requests to be put on the mailing list and for change of address to STATE BU REAU OF MARKETS, 222 STATE CAPITOL, Atlanta. NATIONAL EDITORIAL Asso chat(o\n jassrery : sACTIVE MEMBER Nctices of farm produce and appurtenances admissable under postage regulations inserted one time on each request | and repeated only when request is accompanied by new copy of notice. Limited space will not permit insertion. of notices coritain- ing more than 35 to 40 words, not including name and address. Under Legislative Act the Georgia Market Bulletin does not assume) any responsibility for any notice appearing in the Bulletin, nor for any - transaction notices. Tom Linder, Commissioner Published Weekly at 114-122 Pace St, Covington, Ga. By Department of Agriculture Notify on FORM 3578Bureau of Markets, 222 State Capitol, Atlanta, Ga. Entered as second class matter August 1, 1937 1t the Post Office at Covington, Georgia, under Act of June 6, 1900. Accepted for mailing at special rate of postage provided for in Section 1103, Act resulting from vublished of October 8, 1917. Executive Office, State apitol State Capitol, Atlanta, Ga. Publication Office Editorial and Executive Offices 114. i122 Pace St., Covington, Ga SECOND HAND MACHINERY FOR SALE SECOND HAND MACHINERY FOR SALE Some garden tools, good cond., and reasonably priced. Mrs. H. V. Hall, Ellenwood; Re: 2; 1949 model J. D. tractor with 1 row planters and cultivators, 1 s:' of harrows, all practically new, used very little, entire outfit, $1,500.00. G. W. Ander- son, Leaf. (6 mi. Ea. Cleveland) 1946 Ford tzactor, front and rear cultivators, distributors, plenters, 2 bottom plow, Bush and Bog harrow, Tandem har- row, disc terrace plow, cotton duster, etc, A-1 cond. Bar- gain. D. E. Gibson, Fayette- ville, Rt. 3 (3 mi. N. EK. Fayette- ville, Hwy. 54). A 2 H wagon, almost new, for sale. Mark Foster, Talking Rock. cteick Hedinig 2 H wag- on, good cond., deep body with rods, heavy built, $85. George 5. Miller, Monroe, Rt. 2. omplete Cane syrup mill, consists of Golden Mill, 500 gal. juice -vat, 18 ft. evaporator, and other necessary equipment. Used 4 wks. Sell for half price. Dr. R. L. Grace, Sr., Albany, 1500 Dawson Rd. Phone 496 and 1288. Old IHC mule power hay press, mounted, with tongue, $25.00; large cap. Ensilage cut- ter, $35. Both running cond., also 2 heavy wagons with wide stee! tires. W. H. Ivey, Mil- ledgeville, Rt. 1, Box i2 Allis- Chalmers Model C 2 ae iat raCtor, o:G1Ssc.d. D Titles. .20 disc* Harrow. Planter, Cul- tivators, Fert. Hoppers, Pulley, _ Power Take-off, hyraulic and lift, lights, starter, guar. 1st. class condition. Come see. C T. Hammock, Adrian. 12 ton Caterpillar $100.00; Twelve disc Plow for MU Intl., $50.00. Rembert Mull, Silver Creek, Rt. 1. Athens Disc Plow, $100.00; 1 set Dearborn Bush and Bog Har- rows, fits any tractor, $100.00. Hugh Alexander, Cornelia. 1949 Ford Tractor Plow, Har- row, Cultivators, other equip- ment $1900.0C; Also Farmall Cub with hydraulic lift Plow, dar- row, Wagon, Bush and Bog Harrow, $1000.00. E. L. Johnson, Gainesville, Rt 2. 2 H Wagon, farm tools, cheap for cash. Connie Abernathey, Cleveland, Rt, 1. - 24 in. Meadows Grist Mili, good running cond., $100.00 at By place on Hwy, 27, O. M. Pate seeps Box 123. seat, Mae Tu: 1 Benthall peanut picker, gua.r to be in good shape, reasonable, J. H. Sims, Ashburn, Box 284. (Tel. 8 J); Oliver Superior 13 Dise Tract- or-Drawn Oat Drill, $125.00. FOB.R, E. Aycock, Monroe. John Deere B Tractor, culti- vators, planters, fertilizer dis- tributors, 4 disc tiller, 6 ft. K. B. disc harrow, all good cond., for sale. Come see. Bargain, L. P. Chappell, Richland LA John Deere Tractor with all equipment, $650.00. J. H. Cauthen, Cave Springs, Rt. 1. Single Section Trail type Harrow, 10 eighteen inch discs for small tractor, $30.00; Horse drawn Cutaway Harrow, IHC make, $30. No letters. W. T. Moore, Gray, Rt. 1. (Tel. 2764). SECOND HAND MACHINERY WANTED Want a small Kerosene In- cubator of about 100 chicken egg cap. at very low price. John S. Barks, Dalton, Rt. 4, Box 50. Want good used Super A. Farmall and equipment. Bryant Cox, Broxton, Rt. 2. Want used Farmall Tractor F-30. F. F. Dunbar, Augusta, Rt. 4; # Want D-7 Caterpillar or TD- 18 with angle dozer. Must be in good cond. Dr. A. T. Cole- man, Dublin. Want Mower for Ford Fergu- son or John Deere L or LA tractor. State model, cond., and price. Marvin J. Reddick, Sylvania. >! ANTS FOR SALE . Blueberry Bushes, $1. doz.: Condon Giant Mastodon Ever- bearing Strawberry, $1. C: Lady T., 75c C; Sage plants, 20c ea. Add postage: Mrs.- Nell Parker, Gainesville, Rt. 6. Late Flat Dutch, All Season, and large Chas. W. Cabbage, Green and Ga. Collard, 300, $1.; 500, $1.50; $2:15 M; 3 M, $6.00; Marglobe, Stone, Red Beauty Tomato, 300, $1.00; 600, $1.45; $1.90 M. Prompt shipment. A C. Garrett, Gainesville, Rt. 4. Condon Giant Mastodon Ev- erbearing Strawberry, $1. C; Sage plants, 20c ea; Catnip, 20c ea.; Muscadine Grape vines, rooted, 6, $1. Add postage Mr: Gai > ; | Sprouts, PLANTS FOR SALE. 2 yr. bearing: size Mt. Huckle- berry, 50 doz. Garlie bulbs, 20c doz.; Red Raspberry, $1.00 doz.; Apricot. Plum, 50c; Hazlenut Bushes, 85 doz.;- Horseradish, $1. doz. Add\ postage, Mrs. Lee Eller, Ellijay, Rt. Hasting siesta Straw- berry, $1. C; Peppermint, Cal- amus plants, $1. doz.; Damson 3). S00 a ebaxce or white or print sacks. Miss Nora McCurley, Hartwell, Rt. 2. Wonderberry, Gibson, Early Jewell, Red Gold Strawberry, 75c C; Everbearing, $1. C; Horseradish, Red Raspberry, White Iceberg Blackberry, rooted Sage, 6, 50c; Garlic, 40c doz.; Peppermint, Garden Horsemint, 24, 40c. Add post- age. Mrs. Willis Grindle, Dah- lonega, Rt. 1. - Old Fashion No. 1 Ga. Col- lard, All Head Early and Late F.t Dutch, large C.. W. Cab- bage, Marglobe, Stone, Balti- more Tomatoes, 300, $1. 00: 500, $1.50; $2. M. Prompt shipment. L. M. Garrett, Gainesville, Rt. 4, : Mastodon Strawberry, 70c C; 500, $3.00; $5. M; Klondike Strawberry, 60c C; 500, $2.75; $4.75 M; Scuppernong Vine, cutting, 50e doz.; Catnip, 25c bunch, Add postage. Mrs. Lee Hood, Gainesville, Rt. 1. Ga. Collard, Rutger Tomato. and Wakefield Cabbage, 400, $1.20; $2.25 M. Robert C. Smith, Gainesville, Ru 9: Mastodon Strawberry, 70 C; 500, $3.00; $5. M; Klondike, 60c C; 500, $2.00; $4. 25 M. Mrs. A.D. Jones, Cumming, Rt. 1. Strong Blakemore Strawber- ty, 75 C; 300, $2.00; 500, $3.00; $5.50 M; Imp. Strawberry, 65c. C; 500, $2.75. Prompt shipment. No stamps nor checks. Mrs. Elizabeth Allison, Gainesville, Rie. e Sage. and Catnip plants, doz.; Also 12 Dipper Gourds, $1.60. PP. L. J. Ellis, Cumming, Rt. 5. Mastodon trawberry, 75 C; 200, $2.00; 500, $3.50. Good count. Prompt shipment, No checks, Mrs. T. N.. Jarrard, Gainesville, Rt, 7. Mastodon Strawberry, 75c ; 300, $2.00; 500, $3.50. No checks. Prompt shipment. Mrs. Annie Strickland, Gainesville, Rt. 7 Mastodon Strawberry, 75c C: 300, $2.00; 500, $3.50. No checks. Prompt shipment. Mrs. Fannie Strickland, Gainesville, Rt. 7. Cabbage Plants, $1.75 M; Col- lard, $1.50 M. Add postage. Roy Grindle, Dahlonega, Rt. 1 Late Flat Dutch Cabbage, 300,. 50c; 500, 80c; $1.60 M. Add postage. Mrs. Doyle Eller, E!- Tijay, Rt 3: Rooted . bearing Strawberry, Streamliner- Ever- $2002 53 Mastodon, $5.00 M; Also Shade : Cured Sage, 35c qt.; Rooted Bunches, 25c ea. Add postage. Tred Thomas, Crandall ant: t Missionary and Everbearing Strawberry, $1.00 C. Exe. for white or print sacks; mint Plants, $1.00 doz.; Garlic, $1.00 doz. Miss Mattie McCurley, Hartwell, Rt. 2. Missionary and Everbearing Strawberry, $1.00 C. Or Exc. for white o7 print sacks; AJso Calamous plants. $1.00 doz.. Miss Cecil McCurley, Hartwell, Rt 2. Soastal Bermuda - stolons, loaded on your truck, at my farm, 10 M., $20.00; 50 M., $45.- 00; 100 M., $80.00, Re Exp. not prepaid, $1.50 M. D. J. Harrison, Blackshear. . Everbearin, Strawberry, $1. C; Mastodon, 70e-C; $5: - M; Large Klondike, 60c C; $4. M. Rooted plants, Mrs. Guy Crowe. Cumming, Rt. 1. Wakefield and Flat Dutch Cabbage, Collard, 35c C; 400, $1.00; $2. M. Deh. Large lots cheaper. Lee Crow, Gainesville, Rte-2, Box; 143: Rooted Mastodon and dike Str#wberry, 40c Klon- : 500, Mrs | PLANTS FOR SALE Crabapple Tree, 25c. ea.;|1 Stet Pepper-. som), Sag Extra fine Strawberry plants, 80e C. res until July 24th. Mrs. J. ae Denton, Rt. . Blakemore Strawb y, young, rooted, full count, 80c C; 500, $3.50; $6. M. Send eash or MO. Mrs. Dessie rae Flowery Branch, / Rt. 1 Fall and ale Heading Cabbage and Collard ry, 200, $1.50; 500, $3.00; $5.00 M. W. H. Branan, Gordon. SEED FOR SALE . Winter onion buttens, ~ 25c qt., frost-proof turnip seed, 2 tbls., 10c; Sage, 30c qt., garlic cloves, 30c doz.; tender won- der beans, 55c pint. Add post- age. No chks. Dollie Eller, Titus, - Half Runner beans, mixed var., abundant bearers, fine in corn, weevil treated, 35c big cup; 5 cups, $1.65 PP. also Pomegranate seed, 18c teacup- ful; Palma Christi (mole bean) } seed, 20c cup. Mrs. J. E. Stone, Adairsville, Rt. 2. Cert. reseeding ; Dixie Crim- son clover seed, ger. 89.50, hard seed, 7.50; pure seed, 99.82 percent; inert matter 11; weed seed, .07; other crop and nox- ious weeds, none. 70c Ib. in lots of 500 lbs. up. Arthur Huie, Jr., Jonesboro, Rt. 4. - Red nest onions, $1.25 gal., postpaid in Ga. Mrs. W. A. O- | Kelley, Unadilla, Rt. 1. 1950 crop mammoth sunflow- er: seed; 40c Ib.; 3--Ibs.; $00; Watermelon seed, 95c oe Ibs... $1.80; collard, 3 tbls., Add postage. Mrs. B. F, Catton, Toomsboro, Rt. 2. Sweet Lupine seed, 10c Ib. 90 percent ger. J. H. Johnson, Marshallville. z Early Brown 6-Wks. pea seed, 2 crops, also large, cream, heavy bearing peas, 5 cups, $1.25; Streaked- Half Runner and blue pole bean seed, 3 cups, $1.25. PP in Ga. M.-O. preferred. Mrs. Clarence Mc- Millian Dacula, Rt. 1. Large yellow onions, $1.00 gat. postpaid in Ga. Cecil Hunnicutt, Dial. Clean, red nest onions and small sets, $1.00 gal, del No. chks, Mrs. W.C. Byington, New- nan. Rt, 3. Early Brown 6-wk. peas, bears 2 crops, 5 cups, $1.25. No chks. hae Lon Ashworth, Dacula, Rt. Striped, eerkiee or white Half Runners, 50c per measur- ing cug; yard long beans, 25 seed, 15c, All treated for weevils; _ Alaska Eng. peas, 25c cup; Sage, 25c cup; white multiplying oni- ons, $1.25 gal PP. Stamps all right. A. S. Ki g, Lawrenceville, Rte Calif. multiplying beer seed, 20c. start, fi2