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Show November 5, 1971 The UTAH INDEPENDENT Page 5 Government Forces Dairyman into Bankruptcy Continued From Page 1 with government interfering Fitzgeralds dairy operation. "?' 4. v ' ' According to Article I, Section 8 of the Constitution, Congress' shall have Power To . , . regulate Commerce . . . among the several States. The Tenth Amendment specifically states that, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The federal government claims it has authority to regulate all of the milk production, processing, and distribution in the Great Basin Marketing Area because some of the milk is sold in interstate commerce. In an interview with the Independent Utah Mr. Fitzgerald stated that all of his dairys milk has been produced , handled, and sold in three Utah counties (Salt Lake, Utah, and Tooele). He stated that Dairyman Sherman Fitzgerald shows his dairy to Utah Independent reporter. about or invited to vote on the establishment of the marketing he has never order. For example, Arion transported or sold any of his Erekson of 5419 South 900 East dairys milk in interstate in Murray was never consulted or commerce. given opportunity to vote when According to federal regulations, these payments can be made retroactive for two years just by the market administrator making notification of the assessment. the marketing order was Roosevelt New Deal Program he is forced to established, yet The U.S. government got into keep detailed records, to submit the business of regulating milk monthly reports, and to make his and sales result as of a records available on demand. He production the Agricultural Marketing gays that he must obey every Agreement Act of 1937, but this command of the market New Deal bureaucracy did not administrator, Alan Luke. He come to Utah until many years claims that if Mr. Luke wanted to later, supposedly at the specific cause trouble for the Erekson request and vote of a Dairy, all he would have to do the of would be to arbitrarily classify dairymen. majority Erekson as a milk handler than a producer-handlrather Never Voted Never Asked, Something seems amiss, and then demand large monthly however, since many of the payments into what is known as fund. dairymen were never informed the producer-settlemetwo-thir- ds er nt Too Successful Like Sherman Fitzgerald, Arion Ereksoj) produces and markets his own milk and claims that none of his milk is sold in interstate commerce. Fitzgeralds sin seems to be that he became too successful and too enterprising in his dairy business and he refused to cooperate by allowing federal employees to test milk on his farm and to ride in his milk trucks. He also refused to make payments into the fund producer-settlemebecause he felt that he was not - nt in For Health's Sake Think Pure I HOW I V ITS -- Fitzgerald explains details of his free enterprise private dairy. Retroactive Assessments Evidently this bit of free Arion Erekson, as a enterprise was becoming a thorn who is not in the side of the big dairies who' producer-handle- r were trying to sell milk at required to pay. Sherman Fitzgeralds business considerably higher prices. As the properly classified as a handler but should be classified, like success and initiative are Sher-Vo- n outlets where his milk was sold to consumers at prices considerably below the prices being charged by the ones the big dairies for establishing the responsible marketing order and most likely the same ones receiving regular cash payments from the fund. producer-settlemeSince the consumers liked the low marketing order arrived on the scene and explained to Fitzgerald Dairy of Sherman illustrated by the fact that he Fitzgerald grew, the federal established eight or nine sales employees from the milk S EE EE EE 5 submitting the detailed monthly reports designed and required by the market administrator, Fitzgerald then found it necessary to hire an accountant to keep the detailed records. He was forced to research his records prices .Sherman Fitzgerald for past months and submit charged for fluid milk, he reports for those months that had d herd of already passed. The market expanded his dairy cows by leasing an administrator then demanded nt 375-hea- Heth'n aired additional help to milk the cows n d process th EE milk. the Nimbus Drinking Water Appliance,! lis a membrane technology, activated by the pressure in your home jwater line. The Nimbus Drinking Water Appliance separates fromf Itap water, pure water molecules, plus some mineral molecules, by a process called diffusion. It uses additional water to wash Idown your drain the mud, algae, bacteria and excess minerals! - he should have been retroactive producer-settleme- nt payments for those months, beginning with S439.ll fund Continued On Page 6 MADE) 1 Pressure Osmosis, used ( that in CALL NIMBUS WATER SYSTEMS 407-336- 2 AiMih CTC Spwaw prcsh purified water from your own faucet guaranteed to take solids, chlorine, ut harmful bacteria and virus, matter, microscopic worms, rust, dirt, visible suspended mercury, phosphates, arsenic Also, we will pay your organization, favdrite charity, or you, for conducting survey reports an water. We will be glad te spook to your group an the state of our water in Utah. I 1 Write For Full Information And Whole Wheat Bread Recipe, you will be glad you did. 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