AGRICULTURAL RELIEF

35

which held that last year’s bill was a delegation of legislative au-
thority in the drafting of this provision of section? Did your con-
ferees consider that part of the decision?

Mr. Gray. I think IT am correct in answering your question more
generally than you haye stated it, that we have considered every-
thing in the Presidential veto. even including the attachments to
that veto.

Mr. Fort. The Attornev General, in his opinion, specifically says
that the “delegation to Federal officers, acting concurrently with
private agencies, the unlimited discretion to decide whether the price-
fixing operation shall be commenced” is one of the delegations of
legislative power that Congress may not make.

Now, your bill as originally drawn apparently met that point.
Your bill as originally drawn, as submitted by Mr. Haugen, appar-
ently tried to meet that point by making certain fact findings the
basis for operation. Your bill as now amended makes the concurrence
of certain private organizations the basis, and therefore is a dele-
cation——

Mr. Gray. Private organizations?

Mr. Fort. Private organizations representing producers.

Mr. Gray. They are public.

Mr. Fort. There is a direct conflict with the specific languace of
the Attorney General's decision.

Mr. Gray. Answering Congressman Williams, not in a definite
way, but in a way which is satisfactory, I believe; and deviating
somewhat from what I had in mind to talk about this morning, be-
cause I was going to give way at this place to other gentlemen whom
Mr. Settle will introduce, he being our chairman to-day; let me ex-
plain the remaining amendments, by calling your attention to Sena-
tor McNary’s bill on the same subiect, it being almost identical to
Congressman Haugen’s bh!

Senator McNary’s bill 1s
keting agreements’ ——

Mr. KixcueLoe. What page is that on?

Mr. Gray. Paze 9 of the bill. I do not know what page it is on,
the material you have before you.

Mr. Jones. It is on pace 7, the top of the page. That is page 7
of this arrangement of the bills in parallel column.

Mr. Gray. You will find there that Senator McNary has set out
four findings which the Federal Farm Board shall discover to exist
before it gets into the operation of marketing agreements, levying
the equalization fee, and such like. The finding in Senator MeNarv's
bill reads as follows"
SEcoxp. That the operation of the provisions of section 5 relating to loans to
cooperative associations will not be effective to control such surplus because of
the inability or unwillingness of the cooperative associations handling such com-
modity to control such surplus with the assistance of such loans.

The conferees, Mr. Chairman and gentlemen of the committee,
have agreed unanimously that that section or that finding in Senator
McNary’s bill shall be lifted entirely and incorporated in section 7
of H. R. 7940, thereby making one more condition which the board
shall find to exist before it gets into an operation period. That con-
dition is that the board has to find that the loaning provisions there-
tofore set out in the bill shall have been tried. or that the cooperatives