Sec. CHAPTER 11.—HONEYBEES Sec. 281. Importation of honeybees prohibit- 282. Punishment for unlawful importaed; exceptions. tion. Section 281. Importation of honeybees prohibited; exceptions. In order to prevent the introduction and spread of diseases dangerous to the adult honeybee, the importation into the United States of the honeybee (Apis mellifica) in its adult stage is hereby prohibited, and all adult honeybees offered for import into the United States shall be destroyed if not immediately exported: Provided, That such adult honeybees may be imported into the United States for experimental or scientific purposes by the United States Department of Agriculture: And provided further, That such adult honeybees may be imported into the United States from countries in which the Secretary of Agriculture shall determine that no diseases dangerous to adult honeybees exist, under rules and regulations prescribed by the Secretary of the Treasury and the Secretary of Agriculture. (Aug. 31, 1922, c. 301, § 1, 42 Stat. 833.) § 282. Punishment for unlawful importation. Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court. (Aug. 31, 1922, c. 301, § 2, 42 Stat. 834.) CHAPTER 12.-ASSOCIATIONS OF PRODUCERS OF AGRICULTURAL PRODUCTS Sec. Sec. 291. Authorization of associations; pow- 292. ers generally. Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure. Section 291. Authorization of associations; powers generally. Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein, or, Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. (Feb. 18, 1922, c. 57, § 1, 42 Stat. 388.) $292. Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure. If the Secretary of Agri culture shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of Agriculture may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of Agriculture shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization or restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of Agriculture shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceeding, together with a petition asking that the order be enforced, and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The place of trial may, for cause or by consent of parties, be changed as in other causes. The facts found by the Secretary of Agriculture and recited or set forth in said order shall be príma facie evidence of such facts, but either party may adduce additional evidence. The Department of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein the court may issue a temporary writ of injunction forbidding such association from violating such order or any part thereof. The court may, upon conclusion of its hearing, enforce its decree by a permanent injunction or other appropriate remedy. Service of such com plaint and of all notices may be made upon such association by service upon any officer or agent thereof engaged in carrying on its business, or on any attorney authorized to appear in such proceeding for such association, and such service shall be binding upon such association, the officers, and members thereof. (Feb. 18, 1922, c. 57, § 2, 42 Stat. 388.) Notes of Decisions For notes of decisions involving the construction of this section, see section 291, ante. etc.; restrictions on use of funds; 347. Reports to Congress by Secretary of reports by colleges. 326. Ascertainment and certification of amounts due States; certificates Agriculture. 348. Power to amend, repeal, etc., reserved. COLLEGE-AID LAND APPROPRIATION Section 301. Land grant in aid of colleges generally. There is granted, July 2, 1862, to the several States, for the purposes hereinafter mentioned in sections 302 to 308, inclusive, of this chapter, an amount of public land, to be apportioned to each State a quantity equal to thirty thousand acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of 1860: Provided, That no mineral lands shall be selected or purchased under the provisions of sections 301 to 308, inclusive, of this chapter. (July 2, 1862, c. 130, § 1, 12 Stat. 503.) Historical Note This section, is 1 of the Agricultural College Act of July 2, 1862, c. 130, 12 Stat. 503, entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts." Sections 2-8 of this act are set out, as amended, as §§ 302-308 of this title. This act, with the exception of § 7, was not incorporated into the Revised Statutes, probably because the grants made thereby were regarded as executed, and the provisions incidental thereto as temporary merely. By act of March 3, 1883, c. 102, however, section 4 of the original act was amended to read as set out under section 304, post, of this title. The legal relation between the agricul tural colleges and the governments of the States or Territories in which they are respectively located was not impaired or modified by anything in chapter 14 of this title, which provides for establishing agricultural experiment stations in connection with such colleges, by section 379 of this title. Cross-References College-aid annual appropriation, see sections 321-328, post, of this title. Agricultural extension work appropriation, see sections 341-348, post, of this title. Agricultural experiment stations, see sections 361-384, post, of this title. Notes of Decisions Introductory.-In examining this chapter for annotations it should be borne in mind that the various subchapters are really supplements, one of the other. Although effort has been made to place the hotes where the context requires, yet on any specific point, a survey of the notes as a whole, under this chapter, is recommended. 1. In general.-The grant made in this section is to the state, and not to any institution. Wyoming ex rel. Wyoming Ag ricultural College v. Irvine (1907) 27 S. Ct. 614, 615, 206 U. S. 278, 51 L. Ed. 1063, affirming (1906) 84 P. 90, 14 Wyo. 318. Cited without specific application.—McNee v. Donahue (Cal. 1892) 12 S. Ct. 211, 216, 142 U. S. 587, 35 L. Ed. 1122; Melgard v. Eagleson (1918) 31 Idaho, 411, 172 P. 655; Cornell University v. Fiske (1890) 10 S. Ct. 775, 779, 136 U. S. 152, 34 L. Ed. 427, affirming In re Estate of Fiske (1888) 111 N. Y. 66, 19 N. E. 233, 2 L. R. A. 387. § 302. Method of apportionment and selection; issuance of land scrip. The land aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections, not less than one-quarter of a section; and whenever there are public lands in a State subject to sale at private entry at $1.25 per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at $1.25 per acre, to which said State may be entitled under the provisions of sections 301 to 308, inclusive, this chapter, land scrip to the amount in |