First. When any kind or variety of clover or alfalfa seed contains more than one seed of dodder to five grams of clover or alfalfa seed, respectively.

Second. When any kind or variety of the seeds or any mixture described in section one of this Act contains more than three per centum by weight of seeds of weeds.

SEC. 4. That any person or persons who shall knowingly violate the provisions of this Act, shall be deemed guilty of a misdemeanor and shall pay a fine of not exceeding five hundred dollars and not less than two hundred dollars: Provided, That any person or persons who shall knowingly sell for seeding purposes seeds or grain which were imported under the provisions of this Act for the purpose of manufacture shall be deemed guilty of a violation of this Act.

Approved, August 24, 1912.

[S. 2465]

An Act To amend the Act entitled "An Act to regulate foreign commerce by prohibiting the admission into the United States of certain adulterated grain and seeds unfit for seeding purposes," approved August 24, 1912, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to regulate foreign commerce by prohibiting the admission into the United States of certain adulterated grain and seeds unfit for seeding purposes," approved August 24, 1912, as amended, is amended (a) by striking out the words "red top wherever such words appear in such section and (b) by inserting, after the word "flax " in the second proviso of such section, a comma and the words "broomcorn millet, early fortune millet ".

SEC. 2. Such Act of August 24, 1912, as amended, is amended by adding at the end thereof the following new sections:

"SEC. 5. (a) On and after the effective date of this subdivision the importation into the United States of seeds of alfalfa or red clover, or any mixture of seed containing 10 per centum or more of the seeds of alfalfa and/or red clover, is prohibited unless such seeds are colored in such manner and to such extent as the Secretary of Agriculture may prescribe and, when practicable, the color used shall indicate the country or region of origin.

"(b) Whenever the Secretary of Agriculture, after public hearing, determines that seeds of alfalfa or red clover from any foreign country or region are not adapted for general agricultural use in the United States he shall publish such determination. On and after the expiration of ninety days after the date of such publication and until such determination is revoked the importation into the United States of any of such seeds, or of any mixture of seeds containing 10 per centum or more of such seeds of alfalfa and/or red clover, is prohibited, unless at least 10 per centum of the seeds in each container is stained a red color, in accordance with such regulations as the Secretary of Agriculture may prescribe.

"(c) The Secretary of the Treasury and the Secretary of Agriculture shall jointly prescribe such rules and regulations as may be necessary to prevent the importation into the United States of any seeds the importation of which is prohibited.

"(d) Subdivision (a) of this section shall become effective upon the expiration of thirty days after the date of the passage of this amendatory Act.

"SEC. 6. (a) No person shall transport, deliver for transportation, sell, or offer for sale, in interstate commerce, any seed which is misbranded within the meaning of this section; except that this section shall not apply to any common carrier in respect of any seed transported or delivered for transportation in the ordinary course of its business as a common carrier.

"(b) Any misbranded seed shall be liable to be proceeded against in the district court of the United States for any judicial district in which it is found, and to be seized for confiscation by a process of libel for condemnation, if such seed is being—

"(1) Transported in interstate commerce; or

"(2) Held for sale or exchange after having been so transported.

"(c) If such seed is condemned by the court as misbranded, it shall be disposed of in the discretion of the court

"(1) By sale; or

“(2) By delivery to the owner thereof upon the payment of the legal costs and charges, and the execution and delivery of a good and sufficient bond to the effect that such seed will not be sold or disposed of in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction; or

"(3) By destruction.

66

(d) If such seed is disposed of by sale, the proceeds of the sale, less the legal costs and charges, shall be paid in to the Treasury as miscellaneous receipts.

"(e) Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may demand trial by jury on any issue of fact if the value in controversy exceeds $20; and facts so tried shall not be reexamined other than in accordance with the rules of the common law. All such proceedings shall be at the suit and in the name of the United States. The Supreme Court of the United States and, under its direction, other courts of the United States are authorized to prescribe rules regulating such proceedings in any particular not provided by law. (f) As used in this section

"(1) The term 'person' means individual, partnership, corporation, or association;

"(2) The term 'interstate commerce' means commerce between any State, Territory, or possession, or the District of Columbia, and any other State, Territory, or possession, or the District of Columbia; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia;

and

"(3) The term 'district court of the United States' includes any court exercising the powers of a district court of the United States. "(g) For the purposes of this section, seed shall be held to be misbranded if

"(1) The container thereof, or the invoice relating thereto, or any advertising pertaining thereto, bears or contains any statement, design, or device that is false and fraudulent; or

"(2) If such seed is required to be colored, under the provisions of section 5 and the regulations issued thereunder, and is not so colored; or

"(3) If such seed is colored in imitation of seed required to be colored under the provisions of section 5 and the regulations issued thereunder.

"(h) The Secretary of Agriculture is authorized to prescribe such regulations as may be necessary for carrying out the provisions of

this section.

"(i) This section shall take effect upon the date of the passage of this amendatory Act; but no penalty or condemnation shall be enforced for any violation of this section occurring within thirty days after such date."

Approved, April 26, 1926.

47499°-31-10

[S. J. Res. 59]

Joint Resolution Authorizing the President to ascertain, adjust, and pay certain claims of grain elevators and grain firms to cover insurance and interest on wheat during the years 1919 and 1920, as per a certain contract authorized by the President.

Whereas it is provided in the Act entitled "An Act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel (chapter 53, Fortieth Statutes at Large, approved August 10. 1917, and chapter 125, Fortieth Statutes at Large, approved March 4, 1919), wherein the President was authorized to determine and fix a guaranteed price, to be paid producers of wheat, and wherein the President was further authorized as follows:

"Whenever the President shall find it essential in order to carry out the guarantees aforesaid, or to protect the United States against undue enhancement of its liabilities thereunder, he is authorized to make reasonable compensation for handling, transportation, insurance, and other charges with respect to wheat and wheat flour of said crops and for storage thereof in elevators, on farms and elsewhere"; and

Whereas, the President by an Executive order (Numbered 3087), dated May 14, 1919, in pursuance of the power conferred on him by said Act, did order as follows:

tion

"I further find it essential and hereby direct that in order to carry out the guarantees made producers of wheat of the crops of 1919, and to protect the United States against undue enhancement of its liabilities thereunder, the United States wheat director utilize the services of the Food Administration Grain Corporation (now the United States Grain Corporation by reason of a change of name authorized by Executive order) as an agency of the United States, and I authorize the Food Administration Grain Corpora* * to enter into such voluntary agreements to make such arrangements and to do and perform all such acts and things as may be necessary to carry out the purposes of said Act"; and Whereas the United States Grain Corporation, in pursuance of said Executive order, and, for the purpose of carrying out and making effective the guaranteed price, made, and entered into, a certain contract, known as "the Grain Dealers' Agreement," with various independent and farmer grain firms and grain elevator companies in Montana, North Dakota, South Dakota, Minnesota, Nebraska, Kansas, Iowa, Missouri, Wyoming, and Oklahoma, and wherein it was agreed as follows:

"Fourth. In case the dealer (the elevator firms) shall be unable, after using every effort and all diligence to ship in any week such total of grain as makes the equivalent of at least 20 per centum of the amount of wheat in his elevator and owned by him at the beginning of such week, the grain corporation shall pay to the

dealer to cover insurance and interest for such week seventwentieths of a cent per bushel on the wheat in the elevator owned by him at the beginning of such week"; and

Whereas the President, in an Executive order, dated August 21, 1920, did approve, ratify, and confirm all acts done or authorized by the said United States Grain Corporation in carrying out and making the guaranteed price effective; and

Whereas a number of claims of the said grain dealers, for money earned under said contract, still remains unpaid: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he is hereby, authorized to ascertain the amount due on said claims, if any, and he is further authorized to settle and adjust said claims, and to certify same to the Secretary of the Treasury for payment to the several persons entitled thereto, as their respective interests may appear together with the reasonable and necessary expenses incident to the administration of this resolution, out of any funds now in the hands of the United States Grain Corporation, and belonging to the United States, or out of the funds in the United States Treasury, not otherwise appropriated: Provided, That attorneys' fees shall not exceed 15 per centum of the amount recovered.

Approved, February 4, 1929.