Mutual Orange Distributors v. Agricultural Prorate Commission

Plaintiffs, lemon growers in and shippers from the State of California, seek to restrain permanently the enforcement of a prorate lemon marketing program prescribed under the authority of the California Agricultural Prorate Act, Chap. 754, p. 1969, Cal. Stats. 1933, as amended, St. 1935, pp. 1526, 2087, hereinafter called the Act. They claim that' the enforcement of the program would irreparably damage them and submit them to penalties should they violate it and would violate the commerce clause of the United States Constitution, article 1, § 8, cl. 3, and would deprive them of the equal protection of the laws as guaranteed by the United States Constitution, Amendment 14, and would violate the Sherman Anti-Trust Act, Act of July 2, 1890, c. 647, 26 Stat. 209 , 15 U.S.C.A. §§ 1-7 , 15 note.

The Prorate Act has been before the Supreme Court of California twice (Agricultural Prorate Commission of California v. Superior Court, 5 Cal.2d 550 , 55 P.2d 495 and Whittier Mut. Orange & Lemon Ass’n v. Agricultural Prorate Commission, 11 Cal.2d 470 , 80 P.2d 983 ), and this Court refused to hold the issues of this cause res judicata by reason of these decisions in its opinion reported in 30…