Wilson Dickson v. Mrs. C. O. Edwards

293 F.2d 211
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 12, 1961
Docket18351_1
StatusPublished
Cited by21 cases

This text of 293 F.2d 211 (Wilson Dickson v. Mrs. C. O. Edwards) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson Dickson v. Mrs. C. O. Edwards, 293 F.2d 211 (5th Cir. 1961).

Opinions

JOHN R. BROWN, Circuit Judge.

The question presented here is the availability of judicial review of a termination of a Conservation Reserve Contract under the Soil Bank Act, 7 U.S.C.A. §§ 1801-1837. After a full hearing the District Court determined that it had no jurisdiction of the complaint by the former tenant. We agree.

As the whole matter turns upon construction of the statute, we may severely capsúlate the facts. The Tenant (Dickson) and the Landowner (Mrs. Edwards) entered into a written traditional three-year lease covering a farm in West Texas. By its terms the lease was to expire on December 31,1957. As rental it provided for the “usual and customary % of all feed and grain and % of all cotton and cotton seed grown and harvested * During the third and last year of the lease (1957), the Landowner and Tenant entered into a Conservation Reserve Contract with the Agricultural Stabilization Conservation Committee. This was approved for the Secretary of Agriculture on April 5, 1957. It was for a period of five years (1957 through 1961) and called for the annual payment of $11 per acre for the conservation reserve acreage specified (437.2). This Soil Bank payment was to be apportioned %rds to the Tenant and y3rd to the Landowner.1 The Tenant’s share amounted to approximately $3200 per year.

Late in 1957 the Landowner notified the Tenant that the basic crop lease would not be renewed or extended. New Tenants (Brown and Young) were selected and a new lease was executed for the years 1958-1961. The Landowner notified the ASC County Committee and upon her request representing that the old lease had expired and a new one had been entered into with the new Tenants, the original CRC contract was terminated. A new CRC contract was then executed for the balance of the term by the new Tenants. The effect of this was to cut off the original Tenant Dickson from any Soil Bank payments subsequent to the year 1957. The payments for 1958-1961 were to go to the new Tenants (Brown and Young).

Dickson treated this as a termination of the CRC contract. Under 7 U.S.C.A. § 1831(d) he complained to the County Committee and thereafter to the State Committee. Failing in the neighborhood administrative adjudicatory process he brought suit under 7 U.S.C.A. § 1831(d) seeking a trial de novo of his attack on the validity of the termination. Without getting to the merits of the controversy, either as a matter of Texas law on landlord and tenant, or under the Soil Bank Act, the District Court held that no review of this kind of action was prescribed and hence the Court was without jurisdiction.

In brief, the reasoning was that judicial review is provided only where the Secretary terminates a contract because of a violation of the contract. Consequently, the Court concluded, since Dickson did not violate the contract and his rights terminated simply because he was no longer the lessee the statutory basis for review was lacking. The result, so Dickson argues with force, is that this is almost to state that if there is doubt about violation judicial review is available, but if there is no legal reason whatsoever for terminating a contract, it is free of any judicial scrutiny. That, he claims, is a paradox — if not an absurdity ■ — and surely not contemplated by Con[213]*213gress. Beguiling as is this argument, National Rag & Waste Co. v. United States, 5 Cir., 1956, 237 F.2d 846, a consideration of this complex agricultural program demonstrates that Congress intended this result. It deliberately withheld much from judicial review, for under the system of farmer-manned neighborhood informal courts, Fulford v. Forman, 5 Cir., 1957, 245 F.2d 145, 147, what is permitted to a Federal Court to review is generally first committed to a lay board to decide. This case illustrates why Congress undoubtedly felt it would be unwise under this Act to bring into the Federal domain the resolution of intrinsically local legal controversies so far as they pertain essentially to local adversaries. For that is really what this is all about. This is so because it is Dickson’s theory that by virtue of the joint execution of a five-year CRC contract by Landowner and Tenant, the Texas farm lease was thereby impliedly extended beyond December 31, 1957, up through 1961.

We may assume arguendo that there is some basis for this assertion. The CRC contract contains an express certificate by the signatories Dickson and Mrs. Edwards that they were all of the producers having any control of the farm during the entire contract period” and were “all of the producers * * * entitled to payment” under the contract. To that extent, especially considering that the Statute requires a minimum of a three-year contract,2 it might be argued that such an undertaking was as effectual a voluntary extension of the basic farm lease as would be a formal express writing signed by exactly the same parties. But whatever the status vis-a-vis Landowner and Tenant, we conclude that the United States and the Secretary of Agriculture were each free of judicial review of the underlying decision that under the contract and the Regulations, the termination of the CRC contract as to Dickson and the effectual substitution of the new Tenants was permitted or required. U

Both the Regulations3 and the CRC contract4 took into account the possibility that there might be changes within the category of “producers.” But whether this was or was not a legal justification for substituting the new Tenants in the place of Dickson was, as a practical matter, left to the Administrator. This followed for two reasons. First, the Act itself prescribes that decisions of the [214]*214Secretary are final and not reviewable.5 Mario Mercado E. Hijos v. Benson, 1956, 97 U.S.App.D.C. 298, 231 F.2d 251; Elliott v. United States, D.C.Neb.1959, 179 F.Supp. 758; United States v. Maxwell, 8 Cir., 1960, 278 F.2d 206. And second, and more important, only one decision was made subject to judicial review and as to that the statute carefully fenced it in.

The one decision open to judicial review is termination of the contract by the Secretary of Agriculture after a determination by him that a violation has occurred of such a substantial nature as to warrant termination rather than a mere partial forfeiture of benefits. The statute prescribes that the CRC contract shall provide for complete termination or partial forfeiture.6

Thereafter the Act outlines the steps to be taken where a violation of the contract is thought to have been committed by a “producer.” 7 U.S.C.A. § 1831(d). Termination, as such, is not to occur “unless the nature of the violation is such as to defeat or substantially impair the purposes of the contract.” If the State Committee “believes that there has been a violation which would warrant termination of the contract” notice in writing must be given to the producer. Within thirty days the producer may demand a hearing before the County Committee which in turn reports its conclusions to the State Committee.

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Wilson Dickson v. Mrs. C. O. Edwards
293 F.2d 211 (Fifth Circuit, 1961)
Caulfield v. U. S. Department Of Agriculture
293 F.2d 217 (Fifth Circuit, 1961)

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Bluebook (online)
293 F.2d 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-dickson-v-mrs-c-o-edwards-ca5-1961.