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SECRETARY OF AGRI. – Appellant
Versus
CENT. ROIG CO. , (1950) – Respondent



United States Supreme Court
SECRETARY OF AGRI. v. CENT. ROIG CO., (1950)
No. 27
Argued: October 17, 1949 Decided: February 6, 1950

1. Section 205 (a) of the Sugar Act of 1948 authorizes the Secretary of Agriculture to make allotments of sugar quotas which may be marketed in the United States, and requires that he do so "in such manner and in such amounts as to provide a fair, efficient, and equitable distribution" of the quota, "by taking into consideration" (1) processings to which proportionate shares pertained, (2) past marketings, and (3) ability to market. In issuing Puerto Rico Sugar Order No. 18, which allotted among the various Puerto Rican refineries the 1948 quota of Puerto Rican refined sugar which could be marketed on the mainland, the Secretary took as the measure of "past marketings" the average of the highest five years of marketings during the 1935-1941 period; took as the measure of "ability to market" the highest marketings of any year during the 1935-1947 period; gave equal weight to these factors; and considered, but concluded to give no weight to, processings to which proportionate shares pertained. Held: He did not act arbitrarily or exceed the authority granted him by the Act. Pp. 605-614.

2. The Sugar Act of 1948, as applied in Puerto Rico Sugar Order No. 18, is a valid exercise of the power of Congress under the Commerce Clause and does not violate the Due Process Clause of the Fifth Amendment. Pp. 614-619.

3. In view of the conclusion reached on the constitutional issues, which had to be met apart from any jurisdictional question, it is unnecessary in this case to decide the question of Puerto Ricos standing to sue. Pp. 619-620.

84 U.S. App. D.C. 161, 171 F.2d 1016, reversed.

[Footnote *] Together with No. 30, Porto Rican American Sugar Refinery, Inc. v. Central Roig Refining Co. et al., and No. 32, Puerto Rico v. Secretary of Agriculture et al., also on certiorari to the same court.

On appeals from an order issued by the Secretary of Agriculture under the Sugar Act of 1948, the Court of [338 U.S. 604, 605] Appeals reversed the order as not authorized by the Act. 84 U.S. App. D.C. 161, 171 F.2d 1016. This Court granted certiorari. 336 U.S. 959. Nos. 27 and 30 reversed; No. 32 dismissed, p. 620.

Neil Brooks argued the cause for the Secretary of Agriculture, petitioner in No. 27 and respondent in No. 32. With him on the brief were Solicitor General Perlman, Joseph W. Bishop, Jr., W. Carroll Hunter and Lewis A. Sigler.

Orlando J. Antonsanti argued the cause for the Porto Rican American Sugar Refinery, Inc., petitioner in No. 30 and respondent in No. 27. With him on the brief were Arthur L. Quinn and Gordon Pickett Peyton.

Jose Trias Monge, Assistant Attorney General, and Walton Hamilton argued the cause for Puerto Rico, petitioner in No. 32 and respondent in No. 27. With them on the brief were Vicente Geigel Polanco, Attorney General, and Thurman Arnold.

Frederic P. Lee argued the cause for the Central Roig Refining Co. et al., respondents. With him on the brief was Noel T. Dowling.

Donald R. Richberg argued the cause and filed a brief for the American Sugar Refining Co. et al., respondents.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

These three cases bring before us the validity of an order of the Secretary of Agriculture, issued by him on the basis of the Sugar Act of 1948. It is claimed that the Secretary disobeyed the requirements of that Act. If it be found that the Secretary brought himself within the Act, the power of Congress to give him the authority he exercised is challenged. By a series of enactments Congress addressed itself to what it found to be serious evils [338 U.S. 604, 606] resulting from an uncontrolled sugar market. The central aim of this legislation was to rationalize the mischievous fluctuations of a free sugar market by the familiar device of a quota system. The Jones-Costigan Act of 1934, 48 Stat. 670, the Sugar Act of 1937, 50 Stat. 903, and the Suga


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