U.S. Court Upholds Ruling; Beef Act ‘Unconstitutional’ (Continued from Page A 1) by compelling all beef producers and importers to pay for generic beef advertising is not sufficiently substantial to justify the infringe ment” on producers’ First Amendment free speech right. U.S. Agriculture Secretary Ann Veneman issued the follow ing statement after hearing the decision; “I am disappointed that the U.S. Court Appeals for the Bth Circuit upheld the lower court’s ruling that the Beef Checkoff Program is unconstitu tional. USDA regards such pro grams, when properly adminis tered, as effective tools for market enhancement. We are consulting with the U.S. Depart ment of Justice to determine the next steps regarding this matter.” Eric Davis, president of the National Cattlemen’s Beef Asso ciation (NCBA) and a beef pro ducer from Bruneau, Idaho, said, “We are deeply disappointed in the court’s ruling today, but re main committed to our goal of protecting the future of the beef checkoff. “This ruling is not unex pected,” Davis said. “Through out the lengthy litigation process, we have anticipated that this de cision would ultimately need to be made by the U.S. Supreme Court.” “America’s beef producers can rest assured,” Davis said, “we will see this through to the end. Despite this court’s decision, we believe in the merits of our case and in the merits of the beef checkoff. We are confident the checkoff will ultimately prevail.” On Thursday, Lancaster Farming spoke with Paul Slay Call or email us today for a FREE UPDATED CATALOG. TOLL FREE - 1-800-845-3374 • 717-866-7565 • www.farmerboyag.com B RO °K FAX Ms DURABED COW MATTRESS Uu . , ' ''MHUC'"' 100 oz. Waterproof the only one of its kind Call us About Installing Your Misting System ton, executive director of the Pennsylvania Beef Council. The case could go to the U.S. Su preme Court, and that’s “what we expected it to do,” Slayton said. The Beef Council, noted the executive director, “is disap pointed and surprised at the de cision.” Slayton noted that if the checkoff is stopped, other com modity checkoff programs are in jeopardy. The council provides a great deal of educational and promotional programs that also could be in jeopardy. Slayton noted that all three judges voted against the check off, which he said was “alarm ing.” Slayton said the council will know in about 45 days if the case is headed to the Supreme Court. But the court doesn’t al ways agree to hear cases sub mitted to it. The Western Organization of Resource Councils’ Chairman Shane Kolb, a rancher from Meadow, S.D., said the decision “upholds the rights of indepen dent cattle producers who have been fighting this illegitimate checkoff for years.” Livestock Marketing Associa tion President Billy Perrin said Tuesday the decision affirming that the beef checkoff is uncon stitutional and unenforceable, “also affirms all American beef producers’ First Amendment, free-speech right.” The Bth Circuit rejected the Cattlemen’s Beef Board’s asser tion that its promotion and ad vertising programs were “govern ment speech,” and thus immune from LMA’s first amendment challenge. FEED BINS ‘Weather tight die-formed roof ‘Stronger engineered sidewalls With CORE AUGERS and iSh flex-do™ AUGER SYSTEM in 2 1/4” dia. to 5” dia. We assemble, deliver and set up bins on your farm. The Appeals Court agreed with Federal District Court Judge Charles Kommann that the beef checkoff is, “in all ma terial respects, identical to the mushroom checkoff,” which the U.S. Supreme Court struck down in 2001. Noting the Appeals Court statement that, based on its find ings, “no remaining aspects of the (Beef) Act can survive,” Per rin said, “Hopefully, this decision will bring finality to this long running dispute.” Farmers Union President Dave Frederickson, in response to the Court of Appeals ruling, said, “We are pleased with the decision by the Court of Appeals. NFU supports a voluntary, not mandatory, producer controlled checkoff promotion program of U.S. origin commodities.” It is too soon to think the beef checkoff is finished. There are still many other organizations and individuals assessing the sit uation. The many state beef councils who depend on one-half of the checkoff dollar to finance their many successful beef promotions and producer programs are con cerned. Other commodity checkoff groups are considering the reper cussions on their programs. There has been much specu lation about the USDA’s and the government lawyers’ decision to pursue further legal actions on behalf of the beef checkoff. Some have said the case will go all the way to the U.S. Supreme Court. However, some have also com mented the Supreme Court would probably refuse to accept the case. mmu WHOLESALE AGRICULTURAL SUPPLIES Here’s How To Contact Your Legislators HARRISBURG (Dauphin Co.) Names, addresses, and telephone numbers of federal and state legisla tors representing local residents are listed for persons wishing to contact them. Federal President George W. Bush, The White House, 1600 Pennsylvania Ave., N.W., Washington, D.C. 20500 (White House comment line: 1-202-456-1111); fax: (202) 456-2461; e-mail: President@Whitehouse.gov. Sen. Aden Specter, Room 530, Hart Senate Building, Washington, D.C. 20510. Phone: (202) 224-4254; fax: (202) 228-1229; e-mail: See Spec ter’s Website. Sen. Rick Santorum, Suite 1, Rus sell Senate Building, Washington, D.C. 20510. Phone: (202) 224-6324; fax: (202) 228-0604; e-mail: See San torum’s Website. Rep. Joseph R. Pitts, (R-16th Dis trict), Room 504, Cannon House Of fice Building, Washington, D.C. 20515. Phone: (202) 225-2411; fax: (202) 225-2013; Lancaster office, 50 N. Duke St. Phone: (717) 393-0667; fax: (717) 393-0924. State Gov. Ed Rendell, 225 Main Capi tol Building, Harrisburg, PA 17120. Phone: (717) 787-2500; fax; (717) 772-8284; e-mail: govemor@sta te.pa.us. Sen. Gibson E. Armstrong (R-13th District), Room 281, Capitol Build ing, Senate Box 203013, Harrisburg, PA 17120. Phone: (717) 787-6535 or (800) 235-1313; 120 S. Queen St., Lancaster, PA 17603; 2997 Cape Horn Road, Red Lion, PA 17356; e mail: garmstrong@pasen.gov. Sen. Chip Brightbill (R-48th Dis trict), Room 350, Capitol Building, Harrisburg, PA 17120. Phone: (717) 787-5780; fax: (717) 787-3455; dis trict office, 222 S. Market St., Suite 103, Elizabethtown, PA 17022. Phone; (717) 361-6080; fax; (717) 361-6083. Sen. Noah W. Wenger (R-36th District), Room 281, Capitol Build ing, Senate Box 203036, Harrisburg, PA 17120. Phone: (717) 787-4420; district office, 1248 W. Main St., Ephrata, PA 17522; e-mail: nweng er@pasen.gov. Rep. Gibson C. Armstrong (R -100th District), 51A East Wing, dL is&r ARMER BOY AG Su Harrisburg, PA 17120. Phone: (717) 783-6424; fax: (717) 772-9869; 6808 Robert Fulton Highway, Quanyville, PA 17566. Phone: (717) 786-4551; fax: (717) 786-3645. Rep. Roy E. Baldwin (R-97th Dis trict), 538 East Wing, Harrisburg, PA 17120. Phone: (717) 787-1776; 1720 Lititz Pike, Lancaster, PA 17601. Phone: (717) 569-5855; fax: (717) 519-4306. Rep. Scott W. Boyd (R-43rd Dis trict), 423 Irvis Office Building, Harrisburg, PA 17120. Phone: (717) 783-6422; fax: (717) 787-7731; 1861 Charter Lane, Suite 102, Lancaster, PA 17601. Phone: (717) 464-5285; fax:(717)295-7817. Rep. Thomas C. Creighton (R -37th District), 53A East Wing, Harrisburg, PA 17120. Phone: (717) 772-5290; fax: (717) 772-9869; 47 Market Square, Manheim, PA 17545. Phone: (717) 664-4979; fax: (717) 664-4997; 323 Main St., Denver, PA 17517. Phone: (717) 336-2199; fax: (717) 336-4522. Rep. Gordon R. Denlinger (R-99), House Box 202020, Main Capitol Building, Harrisburg, PA 17120-2020. Phone: (717) 787-3531; fax: (717) 705-1951; e-mail: gdenling pahousegop.com; 607 E. Main St., Ephrata, PA 17522. Phone: (717) 733-4002; fax: (717) 733-3992; Web page: www.repdenlinger.com. Rep. David S. Hickemell (R-98th District), 1438 East Wing, Harris burg, PA 17120. Phone: (717) 783-2076; fax: (717) 705-1946; 222 S. Market St., Suite 103, Elizabethtown, PA 17022. Phone: (717) 367-5525; fax: (717) 367-6425; 236 Locust St., Columbia, PA. Phone: (717) 684-5525; fax: (717) 684-2538. Rep. P. Michael Sturla (D-96th District), 105 A East Wing, Harris burg, PA 17120. Phone (717) 787-3555; fax: (717) 787-0861; 8 N. Queen St., Suite 1100, Griest Build ing, Lancaster, PA 17603. Phone; (717) 295-3157; fax; (717) 295-7816; e-mail: msturla@pahouse.net. Rep. Katie True (R-41st District), 143 A East Wing, Harrisburg, PA 17120. Phone: (717) 705-7161; 2938 Columbia Ave., Manor West Com mons, Suite 501, Lancaster, PA. Phone: (717) 295-5050. BASKET FANS With Cord and Ceiling Mounting Brackets. 1/3 Hp, 24”, 1/2 Hp, 24” & 1/2 Hp, 36” Quantity Pricing Available 52” Belt Drive Boss Fan 1-HP, 54'A x 57'/ opening with cone Boss Fan 1
Significant historical Pennsylvania newspapers