Federal Register - March 27, 1936
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Source: Federal Register
2
REGISTER
FEDERAL
VOLUME I
934
F
< t/A/ITED
NUMBER 10
,
Washington, Friday March 27, 1936
DEPARTMENT OF AGRICULTURE.
N o t ic e o f T e r m i n a t i o n o f t h e M a r k e t in g A g r e e m e n t fo r D is p o s a l o f N o r t h P a c if i c W h e a t S u r p l u s
Whereas, the Secretary of Agriculture, acting under the provisions of the Agricultural Adjustment Act, as amended, for the purposes and within the limitations therein contained and pursuant to the regulations issued thereunder, did, on the 10th day of October 1933, execute, under his hand and the official seal of the Department of Agriculture, a certain marketing agreement entitled Marketing Agreement for Dis posal of North Pacific Wheat Surplus , and Whereas, section 12 of the said marketing agreement pro vides in part as follows:
The Secretary may terminate this agreement at any time upon giving at least twenty-four hours written notice to the associa tion addressed to its office in Portland, Oregon.
Now, therefore, the Secretary of Agriculture, acting under the authority vested in him as aforesaid, hereby terminates the said marketing agreement : Provided, however, That 1. This termination shall neither a affect, waive, nor terminate any right, duty, obliga tion, or liability which at the effective time of this termina tion shall have arisen or may thereafter arise in connection with, by virtue of, or pursuant to any provision of the said marketing agreement;
b release or forgive any violation of the said marketing agreement which may have occurred prior to the effective time of this termination; or c affect or impair any rights or remedies of the Secre tary or of any other person with respect to any such violation.
2. This termination shall be further subject to all of the provisions of the said marketing agreement with respect to the rights, duties, powers, obligations, and liabilities of the parties thereto, committees thereunder and of the Secretary in the event of the termination of the said agreement.
3. The managing agent or the members of the executive committee, selected in accordance with section 2 of the said marketing agreement and functioning at the effective time of this termination or such other persons as the Secretary may from time to time designate, shall liquidate the business of the executive committee under the said marketing agreement, and dispose of all funds and property in the possession or under the control of the executive committee or the managing agent, together with the claims fo r any funds which are unpaid or property not delivered at the time of this termination.
4. The executive committee, the managing agent, or such other persons as the Secretary may designate:
a shall continue in such capacity until discharged by the Secretary;
b shall from time to time account for all receipts and disbursements and/or deliver all funds and property on
hand, together with the books and records of the executive committee or the managing agent, to such person or persons as the Secretary shall direct; and c shall, upon the request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person or persons full title to .all the funds, prop erty and/or claims vested in the executive committee or the managing agent pursuant to the said marketing agreement.
A n y funds collected for expenses pursuant to the provisions of this agreement and held by the executive committee, the managing agent or such person or persons over and above the amounts necessary to meet outstanding obligations and the expenses necessarily incurred by the executive committee, the managing agent or such person or persons shall be distrib uted among the members of the association in the same pro portion that the assessments were made pursuant to section 10 of the said marketing agreement. The executive commit tee, the managing agent or such person or persons shall ob serve the procedure, wherever applicable, governing the ac tions of the executive committee as established by the rules and bylaws of the association adopted pursuant to section 16
o f the said marketing agreement. Any person to whom funds, property and/or claims have been delivered by the executive committee, its members or the managing agent upon direction of the Secretary, as provided in this para graph, shall be subject to the same obligations and duties with respect to said funds, property and/or claims as are imposed upon the members of the executive committee.
d shall, upon the request of the Secretary, give bond in such amount and containing such terms and conditions as may be directed by the Secretary.
In witness whereof, H. A. Wallace, Secretary of Agricul ture of the United States, does hereby execute this notice in duplicate and terminate the Marketing Agreement for Dis posal of North Pacific Wheat Surplus, in the city of Wash ington, District of Columbia, on this 26th day of March 1936, to be effective on and after 12:01 a. m., E. S. T., April 1, 1936.
seal H. A. W a l l a c e , Secretary of Agriculture.
Filed, March. 26, 1936; 12:26 p. m .
FEDERAL POWER COMMISSION.
P o s t p o n e m e n t o f H e a r in g s
A t a meeting of the Federal Power Commission on the 24th day of March 1936.
Present: Chairman McNinch; Commissioners D r a n e, Draper, Manly, and Seavey.
The Commission on February 21, 1936, having set for hear ings on March 31,1936, applications filed under section 305 b 75