Administration of the Iowa Department of Agriculture

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ADMINISTRATION OP THE IOWA DEPARTMENT OF AGRICULTURE

by George W* Willoughby

A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, in the Department of Political Science, In the Graduate College of the State University of Iowa July, 1942

ProQuest N um ber: 10831786

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$he writer wishes to acknowledge his indebted­ ness to Dr* John E« Briggs# professor of political science at the Uhlverslty of Iowa, who directed the project, and to Mark G# Thornburg, Secretary of Agriculture, and many other officials of the Iowa Department of Agriculture for

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their helpful assistance#

6929

lii T^BLE OF CONTENTS Chapter X statement of the Thesis II

III

page 1

The Evolutionary Develo rahnt of the Department of Agriculture« * « « « • # * » «

8

Landmarks of Legislation « « « » , « * *

8

Some Significant Aspects of Administra­ tion

IT

The Structure of the Iowa Department of Agriculture External Relations

« * . • . * . * . .

54

Internal Organisation * « » • * • • # *

45

The Structure Analyzed

58

♦

XV The Office of Secretary of Agriculture, • * The Office Evolves

V

» , « * . , ' « • *

64 64

Present Status*

67

The Representative Function of the Office of Secretary of Agriculture . •

70

Is There Seed for Change ♦

72

The Licensing Function of the Department « »

79

Licensing # * # * * • « • » • » «

i • •

79

The Scope of the Licensing Power

» • *

82

Conclusions * • • » • * « » * * # » » * VI

54

The Inspections! Functions of the Department of Agriculture

HO 114

The Purpose of Inspection » • • • » • •

115

The Scop© of the Inspeotional Function: Division of Dairy and Foods • « « . •

117

iv Chapter

page

fjae Scope of the Inspectlonal Functions Divisions of Animal Industry and Entomology • ♦ * * » * ♦ ♦ # » • » • • • *

142

The Bule-Uateing Power of the Department • » The Problem of Enforcement*

146 151

The Personnel Factor » f » « , »

*

.

Conclusions • * « • « e

* #*

•»

155 159

VII The Promotional Functions of the Department * *

161

The Iowa Butter Control Board • » ♦ • # • «

163

The Iowa Dairy Industry Coumiission

169

. . . *

The Oleomargarine Tax ^ . « « « » « * « «

«

175

t «

176

fill The Supervisory Functions of the Department • *

lp0

IX The Semi-Public Organizations Affiliated with the Department •

169

Conclusions # * f « f » . « , * « • » .

X

Cooperation with the Chited States Department of Agriculture * « « » * • • * • • • « « < * i

197

Informal Cdoporation

198

Formal Agreements! The Division of Weather and The Divisioaauf AgriculturalStatistics

198

Federal Grants - in - A i d ........... .. .

206

Interdependent law and Administration • . •

208

Cooperative Use of Personnel

212

Conclusions

224

Hotes and Refex*ences Bibliographical Note

227 • , • « * * * • • * * • • * « •

261

V TABKB OF FIGURES

Figure 1« 2* 3* 4. 3«

page

She Iowa State Agricultural Society as a Private Organisation, 1853-1855 « * * « « • •

12

Sftte Iowa State Agricultural Society as a Quasi-Public Organisation, 1855-1900 * * * *

15

fkm Iowa Department of Agriculture as a Semi-Public Agency, 1900-1923 * . . * * . * .

19

External Controls of the Iowa Department of Agriculture « • * * • * * • . , » » « • • » «

42

The Internal Organization of the Iowa Depart­ ment of Agriculture

55

-

1-

Chapter I STATEMEHT OF THE THESIS Government In action Is largely administration* The legislature and courts determine broad policy but administration translates these policies into action# Administration is the doing of those things which the state has declared shall be done*

However, far too often,

the importance of administration in modem government is overlooked*

The citizens’ attention to affairs of govern­

ment is directed usually to the more spectacular aspects* of campaigns# elections, and the legislature in action* This attitude is common despite the fact that much of the citizens1 day by day contacts with government lie in the field of administration*

It is assumed that the primary

purpose of the democratic state is to provide services to Its citizens and to reconcile conflicting interests*

The

provision of these services inevitably necessitates a large administrative structure which must be held within its proper field of action* servant*

It must remain forever the

The Iowa Department of Agriculture is but a

single cell in the general organism of the State govern­ ment of Iowa*

For purposes of this particular study the

Department of Agriculture Is Isolated and scrutinized as one example of public administration*

-2The purposes of this study are threefold#

The

first objective is to Investigate the administrative structure of the Iowa Department of Agriculture • In that connection a brief glimpse into tide historical background of the department should lead to a better understanding of its structure* The second objective Is to analyse the functions performed by the Department of Agriculture#

The State

legislature has charged the department with the responsi­ bility of enforcing over two score laws relating to many problems*

Bather than deal with each statute as a separate

function performed by the department f it was thought better to consider them from the standpoint of the primary objec­ tives sought by the laws*

A descriptive analysis of the

functions of the department results in a somewhat arbitrary classification of its functions into licensing, inspection, supervision, statistical, and promotional* The licensing function of the Iowa Department of Agriculture is concerned largely with the problem of estab­ lishing standards as well as the responsibility of raising sufficient revenues to support the activities of the depart­ ment*

An analysis of the laspeetlonal functions of the

department revolves around the techniques and problems of inspection and enforcement*

For several years the depart­

ment has maintained a large staff of inspectors covering the entire State, inspecting restaurants, hotels, scales,

-5— foods# creameries# and other food establishments to pro­ tect the health and welfare of the people of Iowa#

A

large staff of veterinarians is employed by the depart­ ment to assist Iowa’s farmers#

'fhe department's activi­

ties In promoting agriculture and related industries assume considerable importance#

Certainly not to be

ignored are the miscellaneous supervisory functions per­ formed by the department such as State aid to farmers* Institutes# poultry shows# short courses# and affiliated organizations#

Cooperative action between the State and

Federal departments of agriculture will also be considered# Ihe final purpose of this study is to evaluate the functions and the structure of the Iowa Department of Agriculture according to recognized principles of public administration# Unfortunately for the student of public admin­ istration# it is impossible to establish an administrative rule possessing the exactness of a mathematical equation# It is to be observed that conditions affecting public ad­ ministration are never exact enough to be assigned specific values#

At best# principles of public administration are

only generalized rules# considered by most authorities to be reasonably true#

Despite the imperfect nature of these

principles they will be employed as rough standards against which the organization and functions of the Department of Agriculture will be measured to determine to what extent

this administrative agency measures up to the stated principlest

Four have been selected for this purpose*

A brief statement of each of these principles should be given at this point*

The first principle states

that every agency of government should be unlfunotional in nature*

This principle of functional organisation is

basic to the problems of modem governmental administration* Despite the widespread agreement with this principle of unlfunotional organisation* it has not proven simple to secure its widespread adoption among governmental agencies* Practical difficulties are continually encountered which hinder change*

The weight of historical experience* the

haphazard growth so characteristic of American government and administration* political pressures and "deals”, pre­ conceived popular attitudes toward government and admin­ istration* all these* and others undoubtedly* complicate the problem and help to explain why a principle of public administration cannot be stated with the precision of an engineer*s blueprints* The responsibility for the formation of broad governing policies should be separate from the adminis­ trative functions of the agency*

Immediately the student

of public administration becomes aware of the exceedingly difficult problem of defining each function and separating one from another*

When does policy making cease and

administration begin?

Where does administration become

-5 -

policy making* or assume the elements of policy making? These are difficult questions to answer# he completely separated*

The two cannot

Policy making Is an Integral

part of the broad administrative function of government« Administration Inevitably implies discretion on the part of the administrator*

And where discretion exists some

degree of policy formation is Immediately evident#

How­

ever# the principle that the formation of policy should be separate from administrative functions assumes con­ siderable meaning when by policy formation Is meant the general# over-all rules and policy adopted by the regula­ ting or governing bodyj said rules to be administered by an official responsible to and checked by the governing body of the agency*

Yet it

Is obvious that this official

will be making, policy# exercising judgment# and Influenc­ ing the governing body*

The extent of his influence will

depend largely upon personal factors# political considera­ tions# custom# and perhaps# even chance* There appears to be general agreement among students of government with the principle that adminis­ trative heads of departments should be appointed to office* But practice is quite the opposite* particularly In state and local government*

What accounts for this wide dis­

crepancy between theory and practice?

Once again the

answer can be found only in historical experience* political ideas* customs* and entrenched political Interests*

Following closely upon the preceding principle Is a fourth* stating that all permanent employees of a department of government should he selected and promoted on the basis: of merit*

This principle is In strong con­

trast to the widespread and traditional partlslan system# so common In American state government#

Yet

few states have progressed far In this field*

relatively that are

the factors retarding the development of a more profes­ sionalized administrative corps within the states?

Some

evidence In answer to this question can be found in the Iowa Department of Agriculture# Before plunging deeply into this study of the Department of Agriculture It is important to realize that administration is not conducted within a vacuum* but rather* that It is subject to all the pulls and pressures of con­ flicting Interests* of human personalities* and of politi­ cal* economic* and social forces#

These factors complicate

any study of public administration In action#

They make

more difficult the achievement of mutual understanding between the citizen and the official administering the law# Perhaps the greatest objective of democratic government is the compromise of conflicting Interests In order to safe­ guard the welfare of the entire group#

The administrative

machinery of government is a vital factor In this process# Should it be clumsy* Inefficient* and corrupt* It falls in its primary purpose*

Because administration has been* and

*7* often Is, Inefficient and self-seeking, the conclusion is too often reached that administration in the democratic state is in conflict with democracy*

On the contrary,

high-caliber, efficient, controlled administration may he demonstrated to be absolutely essential to the success of self-government,

rofeselanalT* in nature*

$ * m ito very

inception the personnel of the Iowa State Agricultural Society was cimposed of people from various walks of life who possessed an interest in agriculture.

Simple* demo­

cratic techniques existed by wldoh these officers were chosen*

Undoubtedly# in terms of the functions the society

was performing during Its early years# this amateur nature

-29of its officials was adequate to the need and eminately desirable*

However# as the scope of functions of the

society expanded this amateur* part time leadership proved inadequate*

As agriculture expanded* its problems in­

creased in number and complexity and required the full attention of experts*

Until 1900 the Iowa State Agri­

cultural Society was governed by an elective Board of Directors*

These members were able to devote only a small

portion of their time to their duties* compensation . allowed*

They served without

although traveling expenses usually were

After .the first reorganization the directors were

paid on a per diem basis* A large and unwieldly State Board of Agricul­ ture could not hope to function as an effective admin­ istrative head of even a loosely organized department*

The

act granted to the board only "general supervision" over the many agencies within the department*

The relationship

between these agencies was not clarified nor were the lines of responsibility and control clearly indicated*

The

board was not granted the power to appoint and remove all officers and employees*

Horwas it given any genuine

measures of financial control over the department such as preparation of the budget for the department and a check on expenditures*

—30— The transformation of the department into a profes sional-like agency had to await the reorganization of 1923*

The superstructure of pioneer democratic adminis­

trative organization was swept aside out of necessity to meet the growing technical problems confronting the depart­ ment#

For the first time the Department of Agriculture bwsrae

reasonably well integrated*

Administrative control was

placed in a single member head* However# it is questionable whether or not the Department of Agriculture can ever become a strictly pro­ fessional and impartial public service agency as long as it remains partisan in nature*

The people of Iowa ap­

parently accept the present level of administration as adequate to their needs*

Ho popular need for reform

seems to be felt* Brief mention should be made of the gradual shift in functions of the department from the early days of the State society when education# promotion# and furthering of the farmers1 interests formed the major pur­ poses of the society*

It was only as agriculture became

more specialized that regulatory functions developed as a major responsibility of the department*

The 1923 re­

organization stripped tha Department of Agriculture of all oontrol over the State Fair# which hitherto had been the major function of the old society and the department under the State Board of Agriculture*

Practically all

-31sciontifie* experimental# and educational work was trans­ ferred to the Iowa Agricultural Extension Service*

The

department exists to promote the general welfare of Iowa agriculture# but its activities in this direction today are limited largely to regulatory# inspectional# and licensing functions#

It should be noted here that many of

the functions performed by the department are not directly related to agriculture Itself* Of considerable significance in the development of the Iowa Department of Agriculture is the democratic or representative nature of its antecedents#

The county

agricultural societies drew their members from interested farmers In the immediate neighborhood who democratically chose their leaders#

The president of each county society

represented his society in the State Agricultural Sooeity# In the annual meeting in Des Moines these delegates chose the president# secretary# and other officers by direct vote. Terms of office were short# generally one year* and emolu­ ments of office were practically non-exi3tent# excepting in the caso of the Secretary of the State Agricultural Society who usually received some minor compensation*

These points

probably well Indicate a determined* if not vocally expressed effort to see that these agencies remained as the servants of farm interests in Iowa. notions of government#

They do reflect prevailing

-32The Act of 1900 did not abolish this democratic or representative aspect of the department#

Actually# it

tended to broaden this element by providing for delegates from counties without agricultural societies to the annual, convention to choose the officers and directors of the State Board of Agriculture#

It also provided for

delegates from various other agricultural organizations, such as the Iowa Horticultural Association and several others#

The democratic board representing various agri­

cultural Interests in Iowa was supposed to make policies and control the functions of the newly organized depart­ ment#

However# the law failed to provide the board with

any effective means of control# This representative aspect of the Department of Agriculture was recognized in the reorganization of 1923#. The administrative head of the department# the Secretary of Agriculture# was chosen by popular vote contrary to generally accepted principles of good public administra­ tion#

However, It reflects strongly these pioneer concepts

of democracy* as well as a desire to keep this department of government under the control of the people.

And the

"people11 in Iowa moan the farmers# These pages but suggest the stirring account of a rural democracy slowly coming to realise that government is not necessarily to be feared# but rather that govern­ ment can be the capable# efficient servant of the people#

The evolution of the lov/a State Agricultural Society Is only i© §O V whf© SO o € ♦

Figure 4:

O IB a+j ©U u a 0,0

•45** bring pressure of opinion to bear on the department* The courts of Iowa are essential to the depart­ ment in those instances where obedience to the law must be compelled by judicial process*

The district courts

are empowered to punish violations of the laws administered by the department*

They also hear cases initiated by in­

dividuals against some action of the department*

The

Supreme Court of Iowa is the ultimate appeal agency for the department and respondents*

The constitutionality

of the law in question or the legality of the authority exercised by the department may be reviewed*

Generally*

the courts strictly construe all delegations of power to administrative agencies*

Thus the courts exercise a

constant check upon the activities of the department* a check which could be paralysing in nature* A final relationship should be indicated briefly* Close and important controls exist between the Iowa Depart­ ment of Agriculture and various bureaus of the United States Department of Agriculture*

These relationships are largely

cooperative in nature and arise out of personal contacts, formal and informal agreements* the cooperative use of personnel and federal grants-in-aid to the department* That these relations are of great importance will become evident in a later chapter devoted to the problem of Federal-State cooperation*

If nothing else Is achieved by the description of the control relationships existing between the Depart­ ment of Agriculture and other agencies of government* one significant fact should be readily grasped?

the adminis­

trative structure of Iowa government is largely of an "independent" nature with each department of government possessing a relatively large measure of freedom of action* A glance at the graph (Figure 4) reveals the large number

of "control” lines extending from several departments of State government to the Department of Agriculture#

In no

single place Is final administrative authority vested in one officer§ Instead* control over administrative activi­ ties rests in the several offices of the Governor* the Comptroller* the Treasurer* and the Auditor.

Students

of public administration generally agree that positive direct control over the administrative activities of State government Is essential if responsibility for unified* co-ordinated administration Is to be achieved*

The depart­

ment does not appear to be cramped by these many diversi­ fied and conflicting external controls*

Nevertheless, they

must be taken into consideration* It has been argued (to the worldfs end) that independently organized administrative structures of state government can not be fully successful*

However* the

record of Iowa government* with all its theoretical defects of organization and location of responsibility* has not

-45been a failure*

Little public scandal has occurred#

popular movement for reform has existed in years#

No

In all

likelihood Iowa has a level of state administration which is reasonably satisfactory#

Any changes made in the

administrative structure of the State government of Iowa must be based on a thorough analysis of its historical background and existing practices*

Mere reliance upon

theoretical principles of good public administration' is not enough* Internal Organization The Iowa Department.of Agriculture performs many important functions for the citizens of Iowa#

It

protects the public health by the enforcement of the sani­ tary laws relating to all stages in the manufacture and sale of food products*

It seeks to protect the Interests

of business and consumers by the elimination of unfair competition and adulteration of foods and other products# It seeks to eradicate livestock diseases and insect pests# It regulates the storage of grain and generally promotes the welfare of the farmers#

In the performance of many of

these functions and services* the department acts in close* cordial cooperation with the United States Department of Agriculture*

How is the department organized to perform

these many and varied functions for the people of Iowa?

Figure 5 outlines the structural organization oi* l,he Iowa Department of Agriculture ,?hich consists of the office of Secretary of Agriculture; the Assistant secretary; these three important regulatory* inspect!onal* and promo­ tional agencies —

the Division of Dairy and Foods# the

Division of Animal Industry* and the Division of Entomology; two Important statistical agencies in cooperation with the Federal Department of Agriculture —

the Division of

Weather and the Division of Agricultural Statistics; the Warehouse Division; the Hafctey Inspection Division; and several affiliated organizations#

A complete account of

the internal organization* personnel* and the functions performed by each division is attempted# The office of Secretary of Agriculture* the directing head of the Department of Agriculture# will be *analyzed in the following chapter* The Assistant Secretary of Agriculture is appointed by and responsible to the Secretary of Agriculture • In the absence of the latter the assistant secretary acts in his capacity#

In addition* the assistant secretary is

responsible for the administration of State aid to farmers* institutes# short courses# poultry shows# and the Unhanded Warehouse Law#

All publicity of the department is handled

by the assistant secretary who also edits the Iowa Year Book of Agriculture containing the annual published report of the Department of Agriculture and all related agencies*

-47The assistant secretary is largely an administrative officer supervising many of the routine details of administration* and assisting the secretary in the performance of the duties delegated to him by the General Assembly* The Division of Dairy and Food is eoneeared largely with the establishment and enforcement of certain minimum standards as defined in the statutes#

Much of the

work of this division is closely related to problems of public health#

The consumer is protected against the pur­

chase of inferior* harmful and adulterated food products* Promotional work among Iowa farmers is carried on to encourage improvement In the quality of farm products* A chief* appointed by and responsible to the Secretary of Agriculture# supervises the work of the Division of Dairy and Food#

Responsible directly to the

chief of the division is the chief inspector who supervises the division’s thirty-three field inspectors*

A chief

clerk carries on the routine administration* and the license clerk supervises the issuance of all licenses* The Division of Dairy and Food is largely a bureau of inspection*

About seventy-five percent of the commercial

interests of Iowa are subject to inspection by its agents*®* This division also performs the work of a bureau of standards. Much of its inspectional work Is designed to secure general compliance to minimum standards contained in the many statutes*

Day by day* hardly known to the average citizen*

-48the dairy and food inspector© travel over tholr inspection districts conducting inspection© as provided by law# dis­ cussing problems with the owners of the establishments inspected# and constantly explaining* suggesting* and urging compliance with the law*

This Is routine work v**t

essential to the health and welfare of the citizens of lows* The Division of Dairy and Foods is responsible for the enforcement of thirty-two laws covering a wide range of subjects*®®

The enforcement of these laws re­

quires regular inspections of the dairy plants of the State*

fraetloally all food products manihT&ctured and

dispensed in Iowa must be inspected*

Constant watch is

kept against adulteration and mislabeling of food pro­ ducts*

weights* measures* and s calcs must regularly be

inspected to protect the ceascae?#

Commercial feeds must

be analysed in the laboratory to determine whether the prescribed standards are observed*

Agricultural seeds*

insecticides* fungicides# fertilisers* and agricultural limestone must continually be inspected and samples tooted* The division sxarites the quality of and enforces proper labeling of paints# oils# and petroleum products sold within the ^tate*

The department*© ohceaioal laboratory

and the comprehensive licensing system reinforce the extensive inspections! work of the division*

-49As a promoter for Iowa farm products# particularly butter# cream# milk# and cheese# the division devotes much effort to the improvement of standards of sanitation and to the development of quality dairy products*

Many other minor

functions such as providing speakers for public meetings# collecting information feu* other departments# making milk surveys and collecting samples* helping to eliminate un­ fair trade practices in the dairy business# and teaching cream graders the proper way to care for and grade cream are performed by the division*

These activities will be

discussed more fully in later chapters devoted primarily to the functions performed by the Department of Agricul­ ture* Although considered by the department as a sepa­ rate division the Chemistry Laboratory is quite closely associated with the Division of Dairy and Food#

The

chief of the division# the State Chemist# is appointed by the Secretary of Agriculture•

Assisting the State Chemist

are one motor fuel chemist* a foods chemist* a feeds chemist# and one seed analyst who are engaged In testing samples collected by the dairy and food inspectors*

Thus

the chemistry laboratory largely performs specialized# technical work to support the enforcement activities of the Dairy and Food Division# A second major office within the Iowa Agricul­ ture Department is the Division of Animal Industry. 53

-50The division Is administered by a chief appointed by and responsible to the Secretary of Agriculture« Within the division is a chief clerk (and Secretary), a license clerk* a virus permit clerk* a stallion registration clerk# one poultry inspector and nine district veterinarian tubercu­ losis Inspectors each in charge of one inspection district established by the department#

Assisting the district

inspectors when needed is a corps of several hundred parttime State veterinarians appointed by the Secretary of Agriculture#

Several Federal veterinarian tuberculosis

Inspectors (six in 1940)# two Federal hog cholera control Inspectors# and one Federal scab eradication inspector assist the State inspectors*®^

in cooperation with the

Federal agents the division is responsible for the pro­ tection and promotion of one of Iowa’s great industries* Together they perform tuberculin tests of cattle under the accredited area plan; tests for Bang’s disease; attempts to eradicate sheep and oattlo scale; supervise pullorium testing of poultry; and Control avian tuberculosis*

All

outbreaks of contagious diseases such as rabies* anthrax* and cholera are investigated*

The division supervises

and Inspects livestock sale barnB; establishes sanitary standards governing the importation and exportation of livestock; and establishes and enforces quarantine regulations to control contagious animal diseases* Licenses are issed for the manufacture# sale, and

-51distribution of hog cholera serum and virus*

All veteri­

narians certified to the division by the State Board of Veterinary Medical Examiners must be Issued licenses* The division must also enforce the Veterinarian Practice Act and the stallion Registration Law* The Division of Entomology* the third main bureau* was incorporated into the department in 1927 with the passage of the Iowa Crop Pest Act*

3y the provisions

of this StAtut© the Independent office of State Entomolo­ gist was transferred to the Department of Agriculture* However# the entomologist of the Iowa Agricultural Experi­ ment Station was constituted the State Entomologist res­ ponsible to and under the authority of the Secretary of Agriculture in the Issuance of all rules# regulations* and establishment of quarantines and all other acts of on official nature*

Ills salary Is paid by the State College

and the office is located there*

The act empowers the

State Entomologist# with the approval of the Secretary of Agriculture# to employ# prescribe the duties# and fix the compensation of such Inspectors and other employees as are necessary*

The State Entomologist is instructed by the

General Assembly to cooperate with other departments of the State and Federal government#®5

Ther personnel of the

division Is composed of the State Entomologist* an assistant entomologist who acts as chief inspector# such additional inspectors as are needed# and a secretary*55

The division

-52ls largely concerned with the control of all crop £ests; the Inspection of nursery stock ond its interstate ship­ ment; the establishment and enforcement of plant quaran­ tines; barberry eradication; Insect Identification; and the control of stored-graln pests Three other divisions of minor Importance form a part of the administration structure of the Department of Agriculture*

The Warehouse Division# although tech­

nically a separate division within the department, is under the direct control of the Assistant Secretary of Agricul­ ture* Law*

It administers and enforces the Unbended Warehouse The Division of Hatchery Inspection enforces the

58 Baby Chick. Law# enacted by the Forty-ninth General Assembly# which regulates the licensing and inspection of hatcheries and the sale of baby chicks within the State* The Division of Apiary is loosely related to the department*

In 1941 the General Assembly amended the

existing lav/ and established the apiarist of the Iowa Agricultural Extension Service as State Apiarist respon­ sible to and under the authority of the Secretary of Agriculture in the Issuance of rules# regulations, establishment of quarantines and all other official acts* The office is located In Ames where all records are kept* The State Apiarist is appointed by the Iowa Board of Education, and his salary is paid by the Iowa State Col­ lege of Agriculture and Mechanic Arts*59

The functions

-55performed by the division are largely educational and promotional, although some disease control work is done* Two other divisions functioning In close cooperation with the TTnited States Department of Agricul­ ture perform important functions for the State#

The

Iowa Weather and Crop Service Bureau became a part of the lovra Department of Agriculture as a result of the reor­ ganization in 1925 ft This bureau was reorganized in 1957 and henceforth known as the Weather Division,

The direc­

tor, appointed by the Secretary of Agriculture, was re­ quired to be an officer of the United States Weather Bureau if one were made available for the position#

The

personnel of the division consists of the director and such office personnel as appropriations permit#

The

division is assisted by volunteer observers located In every county#

The Weather Division is required, in close

cooperation with the Federal Weather Bureau, to collect and disseminate weather and phonological statistics, mete­ orological data, and promote the knowledge of such matters throughout the State#5** Previous to this reorganization in 1937 the Division of Agricultural Statistics was a part of the Iowa Weather and Crop Service Bureau#

Under the new

organization a separate Division of Agricultural Statis­ tics was established within the Iowa Department of Agri­ culture*

It too Is required to cooperate closely with

-54the Federal agriculture department * The director, nominally appointed by the Secretary of Agriculture, must be an officer of the United States Bureau of Agricultural Economies, if one is detailed for that purpose by the Federal depart­ ment*

The division gathers, compiles, and publishes agri­

cultural statistics of value and interest to Iowa farmers; it publishes monthly crop and livestock estimates, and tabulates the farm statistics gathered by the township as­ sessors and publishes them in the Iowa Year Book of Agri­ culture *63. The Board of Veterinary Medical Examiners Is a board of three licensed veterinarians appointed by the Secretary of Agriculture for a term of three years*

The

board is required to meet at least once a year to give examinations for licenses to practice veterinary medicine as provided xmder the laws of Iowa*5®

By administrative

practice the Chief of the Division of Animal Industry is appointed as a member, serving also as the executive officer and secretary to the board*

The Division of

Animal Industry is responsible for the enforcement of the provisions of the law applying to the licensing, and practice of veterinary -modicIne, dentistry, and surgery* "Che divisions discussed above are tlie integral bureaus of the department• Several additional agencies and organizations, however, aro loosely connected with the Department of Agriculture and must be considered in

Supervisory Advisory

Secretary of Agriculture

State Board of Veterinary Examiners

A s s 11.Secretary of Agriculture

Division of Dairy and Foods Clerks Chief Inspector 33 Inspectors

Division of Animal Industry Clerks Veterinary Inspectors

Laboratory Division Chief Chemist and Assistants

Division of Warehouse

Affiliated Organizations State Dairy Associatic n

Division f JLoii.arv

Division of Agricultural Statistics

(In cooperation with United States Weather Bureau)

Secretary Chief Inspector Assistant Inspectors

Soil Conservation Committee

Division )f Hatchery Inspection

Division of Weather and Crops

Division of Entomology

Farmers 1 Institutes County Short Courses Poultry Shows

Corn and Small Grain Growers Association Beef Cattle Producers Association Iowa Horse and Mule Breeders Association. Swine Producers Association__ State Horticultural S n o i et.v

State Fair Board Butter Control Board Dairy Industry Commission

Figure 5:

The Internal Organization of the Iowa Department of Agriculture

connection with the stiiicture and functions of the depart­ ment# The State Soil Conservation Committee which adminis­ ters the Soil Conservation Districts Law is one of these# By statute the Secretary of Agriculture, or a person desig­ nated by him, is a member of this ©amaittee#33 The farmers1 institutes, the county short courses, and the farmers1 poultry shows are concerned largely with educational and promotional work# The relationship of the department to these organizations is of a general super­ visory nature# Several organizations and societies such as the State Dairy Association and the Iowa State Horticultural Society are affiliated with the. Department of Agriculture# , The Secretary of Agriculture is, by law, a member of the executive body of these several organizations# All grants to them of State funds are supervised by the department# The secretary is a member of the Iowa State Fair Board, a semi-public agency, in charge of the annual State Fair# Tills board. i3 the old State Board of Agriculture with much the same organization#^ The Structure Analyzed Several interesting and important questions are raised in this discussion of the structure of the Iowa Department of Agriculture• One important problem to be

-57-

considered is concerned v/ith the scope of functions per­ formed by the department* In addition to administering functions strictly agricultural in nature, the Depart­ ment of Agriculture is responsible for many functions such as the inspection of restaurants, hotels, and tourist camps; and the enforcement of the pure food laws, the \7oights and measures laws, and the petroleum laws of the State# 'They are hardily agricultural in nature# The sound integration of functions of any administrative department implies "an array of administra­ tive agencies, each of which is well unified, embracing all the services of intimately related charactor and none that are wholly extraneous#”^

This is a generally re­

cognized principle of public administration. This prin­ ciple is largely an ideal and not an absolute formula which can be applied with mathematical exactness#66 nevertheless, within the broad limits of this principle there is room for practical adjustments and compromises necessitated by conflicting opinions and experiences# Tho first question

raised Is concerned with

those services that arc "wholly extraneous" to the field of agriculture# Figure 5 reveals that many of these "wholly extraneous11 functions are centered in the Divi­ sion of Dairy and Food# Practically all of its functions are inspections! and regulatory, and are concerned -ith the public health, public safety, end regulation of

-58-

business* Those functions performed by the Division of Animal Industry, the Division of Jihtomology, and the other minor divisions are more directly and intimately related to the field of agriculture# From the standpoint of good administrative organisation those functions of the department which are not Intimately related to the problem of agriculture should properly be transferred to other departments of government* Thus, the inspection of restaurants and the enforcement of the pure foods laws m'ght well be transfer­ red to the State Department of Health* The Brookings Survey recommended that matters relating directly to public health be transferred to the county and district health departments administered by boards of health with a full-time health officer in charge#6,7 It also recom­ mended the creation of a Bureau of Safety in the Depart­ ment of Justice to which could be transferred such func­ tions as inspection of gasoline pumps and measures, gasoline, kerosene, and scales*6^ These functions might well be transferred to a new administrative department concerned with the regulation of business or to a state police department

The actual transfer of such non­

related functions would depend in large measure, upon the extent of reorganization which takes place# One other point should be kept in mind when dealing with this problem of organization, and that Is

-59-

the force of historical precedence# Despite the excel­ lence of the principle of sound Integration, there are many examples of good administrative practice which fall to adhere to this principle# Hany of the non-agricultural InspectIonal and regulatory functions of the Department of Agriculture have been performed by that agency for years. The department has developed a good working relation v/ith the public which has grown to accept the regulations administered end enforced by it# Any thorough going reorganization of administration must take into consider­ ation the importance of this historical factor* If the function is being performed well and general satisfaction prevails, then probably no change should be made even if accepted principles of public administration are violated* The test of "workability" can not be Ignored* Bearing directly upon the problem of integra­ tion aro those functions closely related to agriculture but which are administered by separate and independent agencies of the State# The definition of souhd integra­ tion implies the grouping together of all services of intimately related character# The existence of such independent agencies administering functions closely related to agriculture provides an excellent example of negative Integration* Perhaps the most obvious example Is the relative independence of the State Soil Conservation

-60-

Committee which is concerned with preventing soil erosion and preserving the natural resources of the State* The cooperative Federal-State progroin established by this law largely ignores the Department of Agriculture, although the secretary is one of the five members of the State Soil Conservation Committee* The relatively independent position of the State Apiarist (appointed by the State Board of Education) is another example of negative integration* The functions of the State Apiarist are agricultural in nature and should be made a part, of the Department of Agriculture*

A

mwve

in this direction was made in 1941* The relatively "independent" position of the office of the State Entomo­ logist is another example of negative integration* How­ ever, the working relations between the Department of Agriculture and the Iowa State College of Agriculture and Mechanic Arts have been very cooperative- and no particular problems appear to have arisen in this matter* Furthermore though the State Entomologist is relatively independent in many ways, all rules and regulations Issued by him must first be approved by the Secretary of Agriculture* A sound measure of cooperation must exist in order for him to per­ form his functions effectively# The very nature of the organization and functions performed by an administrative department of government depends to a large extent, at least, upon the purpose for

-61-

which the department exists# Until that purpose can be clearly and definitely decided there can be no genuine hope of erecting a well Integrated and well organized administrative department# This is a third question raised by the study of the structure of the Iowa Department of Agriculture* The functions bestowed upon the department % the reorganization

of

3.923 are largely regulatory and

service functions# However, the department is empowered by the General Assembly nto encourage, promote and advance the Interests of agriculture. Including horticulture# live stock industry# dairying# cheese making# poultry raising# bee keeping# forestry# production of wool# and other kindred and allied lndustr5.es" and to "assist producers in these industries by developing new methods designed to increase production and improve distribution"*7^ Such functions are largely promotional in nature* Thus, the Iowa Department of Agriculture is obliged to perform two different types of administrative functions — control functions and promotional functions# Generally speaking# each requires, to some extent, different administrative techniques# This situation, not at all uncommon in government# leads to a questioning of the principle of public adminis­ tration that, insofar as possible, the functions of promotion and of control should be separated# This principle

-62*

would appear to be but a refinement ©f the generally accepted principle of sound integration* Indeed# a legitimate question can be raised as to the ability of any administrative department to perform two such divez»gent functions* However# a survey of the administrative work performed by the department reveals no fundamental and irreconcilable difficulties* Within the limits imposed by the law and the extent of appropriations the department appears to be handling these two functions reasonably well* although control functions receive the greatest attention* In fact# it is not possible to completely separate regulatory from promotional functions* Enforcing sanitary standards in the creameries of Iowa indirectly is promotional in nature* Enforcing the contagious disease law in relation to milk oov/s is regulatory in the sense that it protects the property rights of others* It certainly is promotional as well because it increases the value of the animals and stimulates a 3arger demand for milk free of dirt and disease* Functions primarily promotional in nature aueh as the farmers1 institutes* short courses* poultry shows* the State Butter Brand* and the promotion of Iowa1#, dairy industry are carried on by agencies loosely related to the department* The separation of promotional from regulatory or control functions* in^>far as this is possible* into separate agencies within the same department appears to be consistent with the

principle of sound integration*

Control and promotion are

Integral parts of the agriculture problem in Xowa and ought not to be separated* Considerable difference of opinion exists as to the proper objectives of the Department of Agriculture* As recommended by the Brookings Survey the department should be a "regulatory and speclallfed enforcement agency con­ cerned with those commodities and processes which pert^||L most directly to the agricultural producer*

The Department

should not be viewed as an educational* promotive or developmental agency*

others maintain that the typical

state agriculture department should be empowered to perform educational and promotional functions**7 2

The difficulty

of completely separating control functions from service functions Is suggested by the above discussion*

Obviously#

the final determination of the purpose of the Department of Agriculture rests largely with the General Assembly* It probably is safe to assume that expediency, previous experiences, and public pressures will continue to determine the answer*

-64Chapter IV THE OFFICE OF SECRETARY OF AOHICtEOTRE At the apex of the Iowa Department of Agricul­ ture la the office of Secretary of Agriculture* JQaowledge of the powers# the duties# and the nature of this office are of Importance to a better understanding of the adminis­ trative functions and organisation of the Iowa Department of Agriculture*.

__

l»t sfc€ifi« Beiat] story of the development of the office of

Secretary of Agriculture is largely the story of an evolutionary change from a private to a public office* During the period when the State Agricultural Society was the principal agency in promoting agricultural inter­ ests the secretary was an officer of an organisation at best quasl-public la nature* was a private office#

The office of secretary

Even though provision was made

for this office in the statutes of Iowa# the office was filled and controlled by the society# The office of Secretary to the Board of Agriculture# established in 1900* was possessed of certain rights and duties to execute and enforce laws as designated by the legislature*

Thus# when the General

Assembly created the office of Secretary to the Board of Agriculture it created a public office the rights

*65* and duties of which in terms of public laws cannot be assigned to another party#

Further evidence of the public

nature of the office is indicated by the fact that the act provided for a definite position In the public service* . fixed the duties to be performed by the officer* determined the method of choosing the officer# fixed the term of the office# and provided for the maintenance of the office out of public fluids#

A generally accepted principle of American

administrative law is that in the absence of any particular statutes to the contrary# such a position is to be regarded as a public office* 7 3 The reorganisation of the Department of Agriculture in 1925 did not change the public nature of the office other than to grant to it considerably more power* authority* and importance*

% e rights# duties* and limitations upon the

offloe are contained in this and supplementary acts of the

The secretary must meet certain qualifications laid down by the General all State officers* two years#

Assembly

which are applicable to

The office is filled by election every

Finally# the secretary is subject to impeach­

ment by the General Assembly, suspension by the Governor, and to quo warranto action testing his right to hold office* These limitations# as well as the powers and responsibili­ ties bestowed upon the offloe by the General Assembly, could be entirely abolished by it.

The oomplete power of

the General Assembly over the office is evidence of its public nature*

—66— The offloe of Secretary of Agriculture provides an excellent example of the manner in which administrative offices of government increase in importance as functions have expanded and new functions have been added#

The first

constitution of the State Agricultural Society provided for a recording secretary to "keep the minutes of the society” and a corresponding secretary to "carry on the correspon­ dence with other societies# with individuals and with the general committee# in the furtherance of the objects of the society#”7*

The functions of these two secretaries

were of relatively minor importance#

It was not contem­

plated that they would become more than amateur and in­ formal officers*

The general management of much of the

business of the society was delegated to a Board of Control Administration by plural body began early in the history of agricultural affairs and was not discarded until 1925, As the society grew in importance and its busi­ ness increased# more of the administrative work of the society came to rest upon the secretary*

Much of the work

of organising the annual State Fair with its countless organisational details devolved upon the office*

The

annual report to the General Assembly and the Governor of Iowa* as provided for in 1857, was made a function of the secretary of the s oolety*

The gradual Increase in

the salary paid the secretary is evidence# to some extent# of the growing importance of the office* 7 5

*67* The reorganisation of 1900 did not alter* to any notioable degree# the position of the secretary which had prevailed for many years*

According to this

aot the duties of the secretary were those "such as usually pertain to the office of secretary# under the direction of the hoard# " 7 5 duties were listed*

In addition several specific

At best* a rough division of functions

was attempted between the secretary and the Board of Directors*

Gradually the State Board of Agriculture ; ,

delegated to the secretary more of the administrative duties and retained for themselves mainly policy-making functions * This differentiation of functions was only roughly achieved* Present Status The sweeping reorganisation of the Department of Agriculture in 1925 established the office of the secretary as an important and relatively powerful adminis­ trative officer of the State#

The old Board of Agriculture

was stripped of all of its function* excepting the State Fair#

The Secretary of Agriculture became the administra­

tive head of the department# The secretary is responsible for carrying out the objectives for which the department was created#

The re­

organization aot authorized the secretary to determine the internal organization of the department and to establish

*68such divisions as may be necessary to enforce the laws administered by the department#

Duplication within the

Inspection services of the department must be eliminated# The secretary is required to maintain a Weather Division in cooperation with the Dhited States government# to establish volunteer weather reporting stations in each county# and to issue weather and crop reports of value to agriculture, transportation# eossueroe, and the general public#

The law makes the Secretary of Agriculture

responsible for the maintenance of a Division of Agricul­ tural Statistics in cooperation with the Federal government to furnish statistical information of value to industries of Iowa#

In a field of activity not closely related to

agriculture, the secretary Is required to inspect and supervise cold storage plants and food producing and distri­ buting businesses in order to prevent the production, pre­ paration, storage, and transportation of inferior foods* Furthermore, the secretary is granted the power to estab­ lish and enforce rules not inconsistent with the statutes to Implement the laws administered by the department* 7 7 As State weed commissioner the Secretary of Agriculture assists in the enforcement of the Weeds Law by cooperating with county boards of supervisors and weed commissioners, furnishing report blanks, aid in the inter­ pretation of the law and make suggestions for eliminating noxious weeds*

The secretary is required to appoint the

-69head of the Botany and Plant Pathology Section of the Iowa Agricultural Experiment Station as State Botanist responsible for developing a constructive program for weed eradication#

TTpon the, latter1 8 recommendation the

secretary may temporarily declare noxious any new weed which becomes a serious pest thus bringing it within the scope of action of the weed commissioners * 7 8 Other administrative functions, duties, and powers also are placed in the secretaryTs office by act of the the General Assembly*

The secretary Is required

to submit a comprehensive blennal report to the Governor containing information concerning the enforcement of the laws administered by the department as well as recommen­ dations for additional legislation* 7 9

Some measure of

supervisory control and advisory power over the several affiliated agricultural organizations was given the secretary*

In 1939 the Secretary of Agriculture was made

a member of the State Soil Conservation Committee giving a measure of cooperation and co-ordination between the two agencies# ® 0

The power to appoint all officers and em­

ployees of the department, with but few exceptions, is an unlimited power of the secretary*

Appolnees may be

removed at will* The statutory powers of the Secretary of Agri­ culture are broad and fairly detailed*

The previous

chapter Indicates the relatively large degree of freedom

-70granted the secretary to administer the department*

Hie

power to regulate and control a large portion of Iowa busi­ ness concerns Is of considerable importance to the con­ sumer and the businessman*

However* the Secretary of

Agriculture does not possess a large measure of discre­ tionary power in administering the laws assigned to the Department of Agriculture became the usual practice of the General Assembly is to pass detailed laws expressly defining powers and duties*

No strong tendency is evident

in Iowa to extend to administrative departments broad discretionary powers* Hie Representative Function of the Office of se'oreWry or Apiculture Though the office of Secretary of Agriculture has developed Into an administrative office of considerable importance the manner of filling the office is not in keeping with the widely accepted principle of public administration that all administrative offices should be filled by appointment*

The Secretary of Agrloulture is

elective* and there are understandable reasons for this practice*

Hie historical example of popularly elected

heads of executive departments of State government undoubtedly was still strong in the minds of the Iowa legislators at the time this new department was organized* Just how much the legislators were influenced by constitutional precedent can only be surmised*

-71Strong support existed to make the Secretary of Agriculture a member of the Executive Council*

Therefore*

It was thought that the Secretary of Agriculture should be chosen by popular election as were the other members of the Executive GburfflU. The significance of this plan becomes more evident when it is realized* that at that time* the Executive Council constituted the State Board of Tax Equalization* a vital function to the farmers of Iowa who felt that they needed a representative of their property interests in the equalization of assessments*

It is

understandable that farm interests wanted their own popularly chosen representative, the Secretary of Agricul­ ture* to speak for them on the Executive Council#8** Undoubtedly too# farm interests felt that popu­ lar election of the secretary would give them some direct measure of control over the manner in which the.Department of Agriculture was to be operated*

Thus it is that the

Secretary of Agriculture is more than an administrative officer in charge of an important department of Iowa government*

The secretary is a direct representative of

farm interests within the State#

hi the early years of

the department* and as long as the Executive Council acted as a board of tax equalization# this representative function undoubtedly was of great Importance* However* in 1929 the tax equalization function of the Executive Council was transferred to the State Tax

-72Commission* 8 2

This eliminated one reason for popular

election of the Secretary of Agriculture#

Furthermore#

in choosing the secretary by popular election farm interests do not control the policies of the department* The major portion of its policies are determined by law* The importance of the representative function of the office of Secretary of Agriculture has dimmed through the years* but elements of it still remain* Is There Need For Change? Provision for a popularly elected Secretary of Agriculture is not common to every state* secretary of commissioner is appointive#

In some* the In other states#

a board of agriculture directs the agriculture department# Each particular method is utilized largely because of certain historical reasons and because of particular ad­ vantages expected#

However* the particular type of con­

trolling head best suitable for a department of agriculture can'be determined only in light of the purpose and the nature of the work performed by the department#

Other than

purely objective factors invariably enter into problems of administration and serve to complicate the problem and its solutions# From 1900 to 1923 the Iowa Department of Agri­ culture was administered by the State Board of Agriculture# Since 1993 a single administrative officer* the Secretary

-73of Agriculture# has been responsible for the department* The office of secretary possesses many of the virtues of single-headed administration#

Much of the work of the

department Is largely routine in nature and can be directed by a secretary or commissioner#

In time of

emergency quick decisions can be made by the secretary and swift action instituted* On the other hand* the control of the Department of Agriculture by a board has much to offer# opinion must often be reconciled#

Community

The public may not

have gained confidence In.the techniques of public adminis­ tration utilized by the department*

Many problems which

confront an agriculture department can not readily be answered*

Thus# opportunity for deliberation is essential#

In determining a course of action sub-legislative functions may actually be performed#

Even quasi-judicial functions

may be performed by the department in an attempt# for instance# to control Bang*a disease in cattle by killing the infected ones#

Such an act deprives a person of his

property# supposedly# In the interests of the general welfare#

It is thought by many that abuses of such powers

can best be prevented by use of a board of agriculture possessing adequate power to perform the tasks allotted to the department# The Brookings VSurvey of Iowa government recom­ mend continuance of the office of Secretary of Agriculture.

-74However, no recommendations are made as to the manner of choosing the secretary*. According to this report, Iowa’s experience with an elective Secretary of Agriculture has been "inconclusive*”

It was further suggested that if

the State becomes "politically more changeable" and the of­ fice of Secretary of Agriculture becomes more "partisan” It probably will be necessary to make the office appointive* This view is sustained on grounds that the Secretary of «.v

Agriculture is not a policy-making or policy-executing officer*

"Bis

duties in the main are technically adminis­

trative*

They are only In small part deliberative, quasi-

legislative, or qfliasi-judicial* " 8 3 On the other hand, Professor Kirk H* Porter ad­ vocates a plural-headed body to direct the Department of Agriculture*

A board of agriculture of nine members re­

presenting different agricultural interests as well as various regions of the State is proposed*

The members

would be chosen by the Governor with consent of the Sen­ ate for overlapping terms of six years*

The board would

select a trained administrator as Secretary of Agriculture, responsible to it# 6 4

These proposals are based mainly on

the thesis that the legislative functions of the State must be decentralised if the service departments are to function in an adequate fashion*

All important questions

of public policy can not be settled in advance by legislation and therefore a large measure of discretion to

-75-

meet problems lying within their particular sphere of activity must be placed in a plural-headed body to exer­ cise quasi-legislative functions within the broad limits established by the legislature*®3 The Department of Agriculture should be concerned largely with services and should possess broad discretionary power to enable it to develop a comprehensive program for agriculture within the State*®3 Furthermore, the administrator — the Secretary of Agriculture — who is responsible to the board would likely, in actual fact, assume a capable leadership with his board once their respect for his ability and judgement had been won#®^ This division of functions raises the perplexing question of where policy-making ends and administration begins* Ho fine line can be drawn between themj they are but different aspects of one function — the doing of things that people want done* The only satisfactory answeaj if any, lies in the experience gained from years of experimentation and in the high-caliber officials dedicated to unselfish public service* The balance a ppears to be a delicate and precarious one* Sach of the above views Is sound in terms of the type of functions performed by the department* The Bro­ okings Survey objectively viewed the Iowa Department of Agriculture as largely a "regulatory and specialized enforcement agency concerned v/ith those commodities and

-76processes which pertain most directly to the agricultural producer* 11® 8

Furthermore, legislative practice in Iowa

generally has resulted in detailed laws definitely limit­ ing the scope of action of administrative officers and the degree of discretionary power granted to them*

In

terms of this practice,, as well as the regulatory nature of much of the work of the department, a single adminis­ trator as head of the department would appear to be ade­ quate* On the other hand, the proposals for a Board of Agriculture are based upon the notion of the Department of Agriculture as a service agency empowered to determine broad policies for the welfare and promotion of agricul­ tural interests#

Undoubtedly, as valuable a viewpoint

as this Is, it Is not the case with the Iowa Department of Agriculture#

The increasing activity of the Federal

Department of Agriculture suggests that it will devote more attention to the promotion and development of agriculture leaving to the states matters largely of a regulatory nature#

Many of these functions will continue

to be performed by cooperative arrangements between the State and Federal agencies# Within the present framework of the Iowa Depart­ ment of Agriculture there appears to be a need for advisory boards*

Though the discretion of the Secretary of Agricul^

tore is limited, fields of action do exist in which

-77-

effective use of advisory boards could be made# Hie Secretary of Agriculture frequently is authorized to formulate rules and regulations necessary to carry out the provisions of a particular law* Consultation with members of an advisory board representing a particular agriculture interest concerned with the 3aw# if carried out in a co­ operative spirit# ought to ensure the formulation of rules and regulations which con and will be obeyed* Such advisory boards obviously should not possess any power over the secretary but they should be able to wield indirect control through the soundness of their judgment or by publicity if necessary# Biis would be particularly true if the office of Secretary of Agriculture continues to be an elective office# The

several agricultural societies affiliated with

the Department of Agriculture might w ell provo to be a ready means of establishing advisory boards to bo consulted on important matters# In general# these affiliated societies are concerned with education and promotional work# The Secretary of Agriculture already has contacts with them# Some informal advisory work goes on at present through these agencies# There would seem to be some wisdom in formally establishing advisory bodies as a functioning and recognized part of the Department of Agriculture# Further­ more# such advisory agencies might serve a useful purpose

in an advisory relation to the Federal Department of Agriculture in relation to functions performed by that agency within the State of Iowa*

-79Chapter V THE LICENSING FUNCTION OF THE DEPARTMENT Administration is a study of government in action as well as machinery of government#

It is a study

of the functions# techniques# and processes employed by a governmental agency engaged in enforcing laws*

Five major

functions are performed by the Iowa Department of Agricul­ tures

licensing# inspection# promotional work# supervisory#

and statistical functions* successive chapters*

Each will be considered in

The functional approach to adminis­

tration Is not a perfect technique

as it is impossible to

isolate completely each function from the others for ex­ amination and observation*

Thus# licensing is closely

related to Inspection# and depends heavily upon that function *

Inspections! and licensing functions form the

groundwork of much of the promotional activities of the Department of Agriculture*

Nevertheless* it would seem

profitable to analyse each of these major functions as a method of studying the administration of the department* Licensing The licensing activities of the department include licensing of restaurants* hotels# bakeries# egg dealers* bottling works* ice cream manufacturers, other food establishments* poultry dealers* milk testers* cream graders# creameries# cream stations and trucks*

—80— gasoline pumps* public scales* commercial feeds and fertil­ izers* and veterinarys*

In addition* the department

certifies nursery stock* registers mattress factories* registers dairy container brands* conducts the stallion registration service* and Issues permits to import pet­ roleum for industrial uses# Licensing may be defined as "the administrative lifting of a legislative prohibition* " 8 9 or as "an official permit to carry on a particular business or profession* or to do a particular thing otherwise forbidden# " ® 0

Thus* a

license Issued by the Department, of Agriculture grants a right to some individual or organization to engage in seme business or activity which* without the license* would be a violation of existing laws of Iowa*

Certifications*

registrations* and permits* as required in some laws en­ forced by the department* do not differ in any significant manner from ordinary licenses* The power to license is based on the police power of the State and may be exercised for the purpose of rev­ enue raising or for regulatory purposes*

"The primary

legislative thought in licensing is not prohibition but regulation* to be made effective by the formal general denial of a right which is then made individually available by an administrative act of approval# certification# consent or permit#"®*

In a

situation it may prove

difficult to determine whether the primary purpose of

-81licensing Is revenue raising or regulatory*

In 1931*

Secretary of Agriculture Mark Thornburg stated that the goal of the department was to be self-supporting*

The

secretary believes that it is essential for a service and regulatory department to be as nearly self-supporting as possible* ® 2 Leaving for others to debate the soundness of this principle* a simple comparison of the total license fees# inspection fees* and oleomarglne "inspection fee and excise tax" collected by the department with the approp­ riations made in corresponding years by the General Assembly proves that within the past few years the department has been collecting funds In excess of its needs to finance its activities* ® 3

Though a portion of the collections are

derived from inspection fees and oleomarglne tax this does not alter the question of whether or not the department is primarily a revenue raising agency or a regulatory agency* In fact* the existence of income from these two sources serves only to intensify the question*

With but few ex­

ceptions all funds collected by the department revert to the general fund of the State* ® 4 Two factors explain this readjustment which has occurred in the past years tending to make the department self-supporting• First# expenditures for carrying on its work decreased more than one hundred thousand dollars in the year of its reorganization*

Secondly, the "inspection

-82fee and excise tax" on oleomarglne enacted in 1931 greatly increased the collections of the department# ® 5

Whether it

can be held that the primary purpose of the licensing and inspection service is to raise revenue Is a matter of opinion#Whatever its primary

purpose is# thedepartment

collects more funds from licenses# inspection fees and oleomargine tax than its expends* A survey of the activities of .the Department of Agriculture indicates that the department utilises licen­ sing as a regulatory technique to protect the health and welfare of the public*

All State laws administered by the

department specifically list seme minimum standards or grant to the secretary the power to make necessary rules and regulations governing licenses# The Scope of the Licensing Power

mmmmmmm mmmmmmmmm* m m m *

m m m m #

mmmm mm—mmrnmmmimm

« nmr#innmi

Licenses Issued by the Department of Agriculture fall into two general classifications:

licenses Issued as

a condition precedent to doing business in the State (for the purpose of protecting the public health and to protect the consumer against unfair trade practices); and licenses Issued to individuals engaged in professions or skills which affect the public health and welfare#

The scope of

the department *s power to Issue licenses of either kind can best be delineated by a detailed analysis of the licensing function performed by each division within the department*

-83The Dairy and Pood Division handles the greater hulk of licenses issued by the Department of Agriculture* A tabulation of Important licenses Issued by the division in 1940 conveys some idea of the scope and relative im­ portance of its licensing function; ® 5 Type of license

Number of licenses Issued in 1940

Egg Dealers licenses— — — — — ----- -7 *322 Poultry Buyers Licenses— -— — — — — 2*797 Scale Tag Licenses— — — — -— — 2*526 Milk Dealers Licenses— — — *— — — 8*776 Gasoline Pump Licenses-— — — --- — 20*476 Cream Graders Licenses— — -3*129 Cream Station Licenses — .•----- -— 1*340 Cream Truck Licenses— — — — 1*694 Creamery Licenses— — — — — -- ---— 4 Q2 Hotel Licenses— — — -— — — *.•— .-— 1,658 Restaurant Licenses— — — ..— .---- 6 * 2 1 0 Commercial Fertiliser Licenses— — — 720 Several general provisions governing the issuance of licenses under laws providing for the regulation and inspection of foods* drugs* and other articles have been established by the General Assembly as follows:

(1) "Ap­

plications for licenses shall be made upon blanks furnished by the department and shall conform to the prescribed rules of the department*

(2)

For good and sufficient grounds the

department may refuse to grant a license to any applicant; and It may revoke a license for violation of any provision of this title# or for refusal or failure of any licensee to obey the lawful directions of the department*

(3) Unless

otherwise provided all licenses shall expire one year from the date of Issue* ® 7

-84The licensing functions of the Department of Agriculture should he considered in the light of these general regulations* The first category of licenses issued by the Dairy and Food Division —

those issued to individuals engaged

in professions or skills affecting the public health — includes licenses Issued to persons testing milk or cream?® (to determine the percent of milk fat —

th© Babcock test —

as a basis for determining purchase price) and a 1 1 cream graders#®®

No license is issued unless the applicant

successfully passes practical tests administered by the department*

Licenses are valid for one year and are re­

newable upon payment of a nominal renewal fee*

However*

licenses allowed to lapse for five or more years can be renewed only after reexamination* able*

They ore not transfer­

However* milk testers may appoint* with the approval

of the department* a substitute for a period not exceeding two weeks*

Licenses are revoked for violation of any laws

or regulations applying to milk testers or cream graders* Failure to pass the examination does not disqualify the applicant from further attempts* A second category of licenses issued by the divi­ sion —

those Issued as a condition precedent to engaging

in some business —

includes licenses issued to hotels*

restaurants* bakeries# canning factories, slaughterhouses# meat markets and other food establishments; 1 0 0 cold storage

and locker plants;!°!

retail dealers of milk and cream; 102

creameries# cream stations, and cream trucks;!03 egg dealers;!04 poultry dealers;!05 and public seales and gasoline pumps*!06 year#

All these licenses are issued for one

Applications for licenses must be made to the division

on proper forms which are provided by the department*

A

nominal fee* usually three dollars or less# is charged for each license with the exception of cold storage plants and cold storage locker plants in which cases higher license; fees prevail#

Only hotel licenses are transferable upon

change of ownership of the hotel*

No limit is placed by

statute or departmental action upon the number of licenses which pay be Issued#

In general* most licenses for food

establishments as listed above are issued routinely upon receipt of the application and the correct fee#

However#

the department requires that all new restaurants# cream stations* cold storage plants* and cold storage locker plants must be inspected by a dairy and food inspector who is required to forward a copy of his report to the division# Licenses can be revoked for violation of provisions of the statutes or the rules and regulations of the department# The Division of Dairy and Food Is responsible for issuing certain certificates of registration# or permits (which differ but little from ordinary licenses) as a means of regulating certain businesses in the interest of the public welfare#

The Dairy Container Law provides for

-86-* the registration of distinctive marks or brands used on containers by persons engaged in the dairy business*

The

department must approve all brands which are registered#!07 Permits to import petroleum for Industrial uses are re­ quired of all wholesale dealers*

Applications for such

permits are made on a form furnished by the department* The grant of the permit exempts the holder from the other provisions of the Motor Vehicle Fuel Law*!09 The Commercial Feed law enacted in 1907*!°® and an amended* requires the seller of commercial feeds to register each such feed with the Department of Agriculture before placing on sale*

Each separate registration costs

fifty cents and must be accompanied by an affidavit contain­ ing the necessary information about the feed*

This informa­

tion Is required by law to be printed on the label*. Applica­ tions for certificates of registration must Include a per­ mit granting the department access to the applicant *s records to determine the tonnage tax levied as an inspec­ tion fee*

Upon request by the department a sample of the

feed must accompany the registration fee and affidavit*!!0 The Commercial Fertilizer Law as amended in 1941 provides for the registration of each brand of fertilizer offered for sale In Iowa by any company#

However# if the

brand has been registered by the manufacturer or distributor other persons selling the brand are not required to register It again*

A fee of twenty-five dollars Is collected for

-87each brand of commercial fertilizer registered*

Registra­

tions are renewable each year upon payment of a renewal fee of one dollar#***

In addition# a license fee# or ton­

nage tax# of ten cents per ton is levied upon all commer­ cial fertilizer distributed in Iowa by the manufaourer or jobber*

All others are exempt from the tax*12 which has

revenue producing potentialities#

The law has not been

in operation for a period long enough to reveal significant facts# 113 The Mattress and Comfort Law# as amended in 1923# requires every manufacturer of mattresses and comforts to register with the Department of Agriculture#

The depart­

ment Issues factory registration numbers which must appear on the label attached to each mattress or comfort manufac- : tured for sale in Iowa#

No fee is charged for the regis-

tration.114 The one significant characterestic which distin­ guishes these two certificates of registration from ordinary licenses is that it is the products offered for sale that are registered instead of the seller# although the informa­ tion about the items is registered under the seller*s name* Registration of brands focuses attention upon them as meet­ ing the mlyvnwfli™ standards established in the law*

This

would appear to serve# somewhat, as a warranty of quality to the purchaser* regulatory devices*

These certificates of registration are

-88Several other aspects of licensing should bo considered to determine the scope of discretionary power exercised by the division in the issuanoe of licenses* The department may exercise wide discretionary power to refuse to issue a license to an applicant or to revoke a license for violation of any statutory provisions or departmental rules and regulations*

The power to refuse

or to revoke licenses Is limited only by such a broad phrase as "for good and sufficient grounds*"

Moreover,

none of the statutes places a time limit in which the de­ partment must grant or refuse the license.

Theoretically#

at least# pressure can be brought to boar on an applicant to meet the required standards by continuous delay in granting the license*

This# however# is never done*

All

applications for licenses usually are cleared through the .department within fourteen days*

Should delay of this

type be practiced the applicant’s only resource would be to bring aotion in the district court of the State for a writ of mandamus corapeling the Secretary of Agriculture to act upon the application* In practice* the department seldom refuses to grant licenses in those cases where inspection before licensing is not required by law or the department*

In

such instances the licensing function of the department is largely of a routine nature# v/ith little or no discretion involved*

Enforcement of standards rests on inspections

-89made after the license is granted, with the threat of re­ vocation or non -renewal of the license always In the background*

This leniency may be prompted by administrative

considerations as well as political expediency* V&ienever the statute requires that inspections be made to determine the existence of certain standards before a license is issued the department does exercise its right to refuse a license "for good and sufficient reasons*"

Its

power to refuse a license to milk testers, and to cream graderB is clearly implied in the law because applicants for these licenses must first pass an examination given by the department* refused*

If the examines fails, the license must be

Authority to refuse to license cold storage plants

and cold storage locker plants is clearly implied in the law which requires the department to Inspect all such es­ tablishments before issuing the license*

Such explicit

provision for Inspections before a license can be Issued are not contained in any other laws licensing businesses* As an administrative technique It would seem to be a wise policy for the department to inspect more business establishments before licenses are granted*

Thus,

initial failure to measure up to the standards imposed by law would be brought to light and easily remedied before the license Is granted#

Furthermore, such inspections

should carry some psychological value in that they would probably cause the applicant to realize that the

—90department not only means business in the enforcement of standards, but that it also desires to cooperate in a helpful manner* The authority of the department to renew licenses Is largely ministerial in character*

As a result there is

but little difference between annual and permanent licenses* If periodic inspections give evidence that the licensee is making an effort to comply with the law the license is renewed upon payment of the required fee#

Nevertheless,

a threat by the department to refuse to renew the license serves as a means to aecure conformance with the law*

If

the department refuses to renew a license because the licensee fails to meet the established standards of sanitation and safety the burden of proof rests upon the licensee#

His only recourse is to accept and conform to

the decision of the department or to seek the same redress in the State courts as is sought in a case involving revo­ cation of a license#

No provision is made by lav/ for ad-

ministrative hearings on renewal of licenses* The power of an administrative agency to revoke licenses issued to persons or concerns engaged, in business or various professions Is fraught with greater implications to the licensee than the power to refuse to grant a licensee*

Once a license is granted vested interests come

into existenoe which ordinarily can only be reduced by factual evidence of violation of some of the conditions of

-91-

the license# The power of the department to revoke licenses rests upon broad statutory grants* The laws governing the licensing and Inspection of hotels, restaurants, and food establialiments provide that any license issued under these laws "may be revoked by the department for violation by the licensee of any provisions of this chapter#"!!5 Licenses Issued to milk dealers, milk testers, cream graders, creameries, egg dealers, gasoline pumps, and public scales may be revoked for violation of any provisions of the laws regulating these businesses and "for the refusal or failure of any licensee to obey the lawful directions of the department#"!!6 Any ^licensee who fails to conform to the provisions of the laws regulating cold storage plants and cold storage looker plants may have his license revoked by the department#!!7 The authority of the department to revoke creamery *

and cream grader's licenses is more explicit in nature* They may be revoked by the Secretary of Agriculture for any violation of the statute, or for "violation of any standard of sanitation prescribed by any other statute applicable to the holder of such license, but only after the holder of the license has been given reasonable notice of intention to revoke the license and reasonable opportun­ ity to be heard, provided that when a licensee is donvicted of a wilful violation of any requirement of this chapter

-92(of the Code), the secretary shall summarily suspend such license for a period of thirty days and provided that upon a second conviction the secretary shall summarily and permanently revoke such license #t}!!8 A simple procedure is followed by the Department of Agriculture in all cases involving revocation of licenses#

Before actual revocation proceedings are

initiated every informal technique at the department’s consnand is exhausted to secure willing conformance to the standards expressed in the laws and in the rules and regulations of the department*

Several Inspections may

be made to assist the licensee to meet the minimum standards#

The inspector not only informs the licensee

of the standards but makes suggestions as to how dif­ ficulties can be eliminated#

Correspondence is had

with the licensee urging compliance and suggesting solu,# tlons#

More drastic action is refrained from until all

such informal efforts have ended In failure*!!® The department initiates revocation proceedings by giving the alleged violator a five-day written notice to appear before the Secretary of Agriculture at a desig­ nated time to show cause why the license should not be revoked*

The hearing, which follows the notice, is in­

formal in nature and is conducted by the Secretary of Agriculture#

Both defendant and the inspector who brought

the charge must be present at the hearings the case are

The facts In

-93reviewed, and unless the defendent can show that he is now abiding by the la*v7s his license is revoked at once by order of the Secretary of Agriculture#

If evidence

is jjresented to shov/ that the defendent is attempting to comply with the statutes and rules the secretary, at his own discretion, may allow the defendent additional time to make necessary adjustments before ordering an inspection of the premises by a dairy and food inspector#

If the

inspector finds that all matters in question have been corrected, the revocation proceedings are dropped#

If

not, the defendent*s license is immediately revoked#

The

only recourse of the licensee is to bring action in a dis­ trict court to have the entire case reviewed by the judicial branch of the State*

Very few revocation proceedings have

occurred in the history of the department* Once a license has been revoked and the reaeons for revocation are eliminated, the individual may apply for a new license.#

An application for license from a party

whose previous license was revoked is followed by an In­ spection before the new license will be issued#

The de­

partment maintains a file of all licenses issued in the past years and all applications for licenses are first checked against the file to determine whether or not the applicant ever possessed a previous license which was revoked or not renewed for cause#

-94The law is silent as to to power of the depart­ ment to suspend licenses for temporary periods excepting! for violations by licensed creameries and licensed cream graders#

The department Is required to summarily suspend

such licenses for a period of thirty days upon conviction of the licensee of the wilful violation of any provision of the statutes or rules relating to the license#

Upon a

second conviction for the same offense the department must summarily and permanently revoke the license #3.20 The sali­ ent point involved here is that'suspension of these lic­ enses can occur only afte, conviction by the courts, . whereas licenses may be revoked by the department upon an administrative finding that a violation of the terms of the license has occurred#

Prior conviction is not a pre­

requisite to revocation of any license described above# In other situations# the department seldom suspends licenses# preferring to rely upon nefusal to reney/ licenses or upon its power to revoke licenses to secure conformance with the law# The Division of Animal Industry .performs various licensing functions of considerable importance to farm interests*

Persons engaged in the business of operating

rendering plants for the disposal of dead animals are required by law to be licensed by the Department of .agri­ culture*121

Applications for licenses to operate disposal

plants for dead animals are made upon forms furnished by

-95-* the department and include the following information; the name and residence of the applicant, the particular methods to be used in disposing of dead animals# and any other information required*

A fee of one hundred dollars

must accompany each application. This fee is not refunabie if the license is not granted* Upon reciept of the application the department is required by law to make a thorough investigation of the building in which the applicant proposes to conduct the disposal business to determine whether it complies with the requirements of the statute and the rules of the department* The Inspector must also determine whether the applicant is a "responsible and suitable" person to conduct such a business*

The report of the inspection is certified in

writing to the Secretary of Agriculture#

If the building

does not comply v/ith. statutory requirements and rules of the department the applicant must be notified wherein it fails to meet the required standards#

If the defects are

remedied within a reasonable time, as determined by the inspector* a second inspection is made*

The department is

not required to make more than two inspections under one application*

However, If the inspector’s report is favor­

able the applicant is issued a license valid for one year upon the payment, of a second fee of one hundred dollars* Disposal plants outside the boundaries of the State cannot be licensed by the department * ^ 2

The original license may

-96be renewed each year upon the payment of a renewal foe of one hundred dollars, providing, however, that the license© continues to' be a "responsible person" and to comply v/ith 123 the provisions of the law and the rules of the department# She requirements for licensing businesses engaged in the disposal of dead animals are more complete than most licensing provisions administered by the departmab Explicit power to refuse a license rests with the department if the standards provided in the statute and the rules of the department are not met* for the same reasons#

It can refuse to renew a license The department is given a considerable

measure of discretionary power to determine whether or not the business is conforming with the standards established by law and to determine the existence of the responsible nature of the applicant#

It is authorized to make such

reasonable rules to govern the conduct of this business as It may deem advisable-*^ because the statute outlines only general specifications applying to buildings used for the disposal of dead animals An applicant for a license to operate a rendering plant must satisfy the department that the required stan­ dards are properly observed*

The administrative technique

of inspection of the plant before the license is issued as well as the provision for notifying the a pplicant wherein the building fails to conform should help to promote a better cooperative relationship between the regulator and

-97the regulated#

Although no provision is made for revoca­

tion of the license, none would appear to be necessary* The short life of the license (one year), the power to re­ fuse a license for cause, and to refuse to renew the lic­ ense if the business falls to continue to abide by the proper standards would seem to suffice as adequate licensing power for effective regulation of the business*

These

licensing provisions place every emphasis upon a cooper­ ative relationship between the department and the licensee with every effort being made to avoid violations of the law and prosecutions in the courts# Manufacturers of and dealers in biological pro­ ducts and persons who administer hog cholera virus are re­ quired by law to secure permits from the Department of Agri­ culture*

All manufacturers of and dealers in biological

products are required to make applications for permit on ap­ plication forms furnished by the department#

An application

for a manufacturer *s permit must be accompanied by satis­ factory evidence that the manufacturer possesses a valid, un­ revoked license issued by the United States Department of Agriculture to manufacture and sell biological products* An application for a dealer’s permit must be accompanied by a bond of five thousand dollars with sureties approved by the Iowa Department of Agriculture#

Upon receipt of the

application the department may Inspect the preraises upon which the business will be conducted*

It may make agteh

-93requirement s regarding the physical conditions and sani­ tation of the premises which it dooms necessary to secure and protect the potency and purity of the biological pro­ ducts*

If the requirements imposed by the department are

Ignored the permit will be refused*

A permit fee of

twenty-fIvo dollars is charged for each manufact\u?ing plant and fifteen dollars for each warehouse or distributing agency of the dealer# from date of Issuance*

A permit is m lid for only one year Renewal is subject to the same

conditions and fees as required for original permits* Fermits may be revoked by the department for several reasons#

Automotic revocation occurs when manu­

facturers of biological products cease to possess a valid Federal license; when dealers fail to execute and file with the department a new and approved bona to the amount deter­ mined by the department; and for price discrimination* Permits revoked for the latter reason cannot be renewed for one year*

The department may revoke permits after

reasonable notice and hearing for violation by the holder of the terms, conditions, and requirements attached to the permit; for violation of any law or rule established by the department relating to such business; and In caso the dealer’s bond has been impaired in any way and no new bond is provided as required.**-3^

The department’s usual

revocation procedure allowing notice of five days and an

informal hearing before the Secretary of Agriculture Is followed#

-99-

All persona administering hog-oholera virus, excepting licensed veterinarians, must possess a permit issued by the Department of Agriculture* The Extension Division of the Iowa State College of Agriculture and Mechanic Arts is required by law to conduct one-day schools

o::

Instruction in the administration of hog-

cholera virus# Students passing the examination at the * end of the school are so certified to the department« Within five days the department must issue the permits which, entitle the holder to administer hog-cholera virus to their own hogs# The permit is valid until revoked by the department on evidence that the holder has b ecome incompetent to administer the virus* From time to time the permit holder may be required to submit reports upon blanks furnished by the department covering such informa­ tion as may be requested* These reports must be filled out and returned by registered mail within ten days from date of receipt* Permits may be suspended for failure to return reports The stallion registration service, a special licensing function conducted by the Division of Animal Industry, exists to protect, the owners of .stallions and mares from dishonest breeding practices This service registers all stallions offered for public service and issues certificates of soundness* All jacks offered for public service must have a

-100certificate of soundness stating whether or not the animal is registered or un^gestered* Applications for enrollment as registerd animals are filed with the Division of Animal Industry and must contain, under oath, the name, age, color, and ownership of the animal*

The application

must be ^ccompanied by a certificate of pedigree and an affidavit signed by a licensed veterinarian of Iowa stating that the animal was examined by him and found to be free from any unsoundness or any hereditary, infectious, or contagious disease#

Applications for certificates of

soundness for unregistered jacks are made in a similar, manner excepting that no certificate of pedigree is re­ quired*

Only animals recorded in a stud book recognised

by the department can be registered#

Certificates of

soundness must show any defect with which the animal is affected# Upon receipt of an application for enrollment as a registered animal the department must make such en­ rollment and issue the certificate, but only if it is satisfied that the application is correct and the animal is purebred*

Or# in case of an application for a certi­

ficate of soundness for unregistered jacks the department must issue 'latch certificate if convinced that the applica­ tion is correct#

Certificates must be renewed annually

upon presentation of an affidavit of soundness*

A fee of

one dollar is oharged for each certificate and for each

renewal* A certificate may be transferred upon sale of tlae animal by endorsing the transfer on the reverse side and sending It with a fee of fifty cents to the depart­ ment which then Issues a certificate to the new

owner*359

Certificates of soundness may be revoked by the department* A special board is established by statute to determine, upon complaint made to the department# whether or not a stallion or jack Is diseased# If the department determines that an examination is "reasonably necessary" it notifies the owner accordingly* The animal Is examined by the board of tlir.ee licensed veterinarians, one appointed by the department, one by the owner, and a third member appointed by the other two# If the owner fails within ten days to appoint a veterinarian to act for him the department makes the appointment# The examining board must determine whether the animal is affected with a dis­ ease which would prevent the Issuance of a certificate of soundness; or whether the animal Is affected with any other disease or defect which renders it unfit for breed­ ing; or whether the animal is transmitting any disease or defect which does not disqualify it from being issued a certificate of soundness# Decisions of the examining board are made by a majority vote, are certified to the department, and are final# If the board finds the animal unsound and unfit for a certificate tho department can not issue one.

-102-

or if one has been Issued already It must be revoked# The department does not exercise any discretionary power in this matter# The only element of discretion exercised by the department i3 in the determination of whether or not an examination by the board is "reasonably necessary*" If the department rules that such an examination is not necessary the only recourse left open to the one making the complaint Is to carry the department’s decision to the district court# If the animal is found eligible to receive or retain a certificate of soundness the cost of the examination is paid by the State, otherwise, by the owne?? This administrative machinery is seldom called into use as relatively few complaints are

r e c e i v e d # ^ 3 *

The Department of Agriculture licenses veterinarys who are qualified to practice veterinary medicine, surgery, or dentistry in Iowa# Applicants must present satisfactory evidence of being at least twenty-one years of age and of good character; .must give proof of graduation from a school of veterinary medicine recognised by the State Board of Veterinary Examiners; and must pass an examination in veterinary medicine, surgery, and dentistry given by the board* Applicants fulfilling these conditions are granted a license to practice#1^2 The State Board of Veterinary Examiners is authorized by statute to give examinations at least once a year to applicants for licenses to practice veterinary medicine# The board is composed of three licensed

-IGoveterinarys appointed by the Secretary of Agriculture Tor three year terms* with one member retiring each year* Vacancies are rilled In the same manner*

The general

practice has been for the secretary of Agriculture to appoint the Chief of the Division of Animal Industry (a licensed veterinary) as one of the three members of the Board of Veterinary Examiners,

The practice of the board

is to choose this member secretary* are not employees of the department*

The other two members A majority of the

board constitutes a quorum*135 Persons wishing to take the examination for a license to practise veterinary medicine make application with the Department of Agriculture on the form provided for the purpose*

Applications must be submitted at

least fifteen days before examinations are scheduled; must be signed and sworn to; and accompanied by the nec­ essary documents and affidavits to support the candidate's eligibility*

Prior to the examination the department

transmits to the examining board the list of eligible Candidates*

In determining the eligibility of a candidate

the department may consult the examiners*

The examining

board is authorised by statute to establish rules govern­ ing the conduct of the examinations; the grading of the examinations; and to determine the technical qualifications of the applicants*

All examinations must be in writing and

the identity of the candidate's paper concealed from the

-104board until graded*

Examinations must bo graded in ac­

cordance with the rules of the board and approved by a majority of the board*

The examining board then certi­

fies the names of the successful candidates to the De­ partment of Agriculture which Issues the licenses in the manner previously described The State Board of Veterinary Examiners per­ forms an important function in the licensing by the department of people to practice veterinary medicine* Without the examinations given by the board the depart­ ment would have no objective test Whatsoever as to the fitness of the candidate*

Prom the standpoint of adminis­

tration it is probably best that such examining functions be administered by a plural body*1S5 The granting of a license to practice veterinary medicine is a simple* routine administrative process but revocation of a veterinary1s license strikes at the vested interest of the licensee*

Because revocation of

such a license might destroy the individual's ’’property right” the administrative procedures utilized to revoke the license must be clothed with robes of a judicial nature* Administrative due process moves closer to judicial due process* Licenses to practice professions generally can be revoked for several reasons*

Iowa law provides for

revocation or suspension, of veterinary licenses for fraud

-105in procuring the license; incompetency in the practice of the profession; habitual Intoxication or addiction to the use of drugs; conviction of any offense Involving turpitude; fraud in statements as to skill and ability; use of ’’untruthful or improbable statements in advortiaments* publicity material* or interviews”; and for dis­ tribution of alcohol or drugs for any other than legi­ timate purx>oses*

finally* a veterinary license can bo re­

voked or suspended for wilful and continual violations of the laws of the State affecting veterinary practice and public health* and for violations of the rules of the Department of Agriculture*^®6 Action to revoke the license of a veterinary is initiated by the Attorney-General of the State who* on M s own motion or when directed by the Department of Agricul­ ture* files in the office of the department against some licensed veterinary*

The state

a petition oard of

Veterinary Examiners and the Secretary of Agriculture as chairman compose a hearing board before which the Attoi’neyGeneral must $»roseoute such petitions on behalf of the State*

In the hearing* the State is named as plaintiff

and the licensee the defendant* licensee must be fully stated*

All charges against the Amendments may be filed

but only with the consent of the Decretory of Agriculture acting in the capacity of chairman#

nil charges are

deemed denied unless the defendant pleads thereto*

>-fter

-106-

the petition is presented the Secretary of Agriculture makes an order fixing the time and place of the hearing which must be not less than ten days nor more than ninty days from date of the order# The hearing must be held in the office

of the Secretary of Agriculture, or, at the

Secretary's discretion, it may be hold in the licensee’s county of residence# Notice of the filing of the petition and of the time and pl. ce of the hearing fixed by the Secretary of Agriculture is given the licensee at least ten days before the hearing# The notice Is served by reading or offering to read it to the defendant, by giving him a copy

of tho notice or by offering to;by leaving

the notice

with 'aresponsible member of his family; orby

an acknowledgment of the service of the notice indorsed on it, dated and signed by tho defendant#^37 Tho hearing itself Is somewhat informal in nature# The Secretary of Agriculture can subpoena witnesses and compel thorn to testify and to produce books, records, let­ ters and other information essential to the hearing# The defendant is allowed to be represented

by

attorney#

De­

cisions are rendered by a majority vote of the hearing, board# If the license Is suspended or revoked the coots of the hearing must be paid by the defendant, otherwise by

the State# If the hearing board revokes a veterinaryfo

license the defendant may carry the case to the district court, thus transfering further adjudication from the

-107* administrative body to a duly constituted judicial body* In actual practice# veterinary license® have rarely been revoked#138 t&Lder the Baby Chick Act* passed in 1941 the newly established Hatchery Division of the Department of Agriculture 1® empowered to license all persons engaged in the business of custom hatching and the sale of baby chicks in Iowa#

Chicks hatched in other states but sold In Iowa

come within the scope of

the law#

The establishments

licensed under the provisions of this law are subject to inspection by the department*

The law is silent upon the

matter of suspending or revoking licenses#138 It is to be presumed that the general power of the department to refuse licenses# to refuse to renew licenses# and to revoke licensee will apply to hatcheries*

The law

makes no provision for inspection previous to the issuance of the license*

The department has issued licenses to all

hatcheries in operation in Iowa to blanket them in under the law*

Just what particular technique of control will be

utilised by the department in enforcing the law remains for future determination* One further licensing activity must be mentioned# and that Is the licensing of the supervisory boards provlded for in the Agricultural Warehouse Act of 1923.140 local supervisory boards of not less than three may be appointed by the Secretary of Agriculture for eaoh county

-108for the purpose of supervising grain storage and Issuing certificates of storage against such grain#

Initiation of

action to appoint such hoards rests with any individual who may make application to the Secretary of Agriculture to that effect# or with the secretary himself *

This initial

step is followed "as soon as practicable” by an investigation conducted by the secretary to determine the advisability of appointing such a board#

Immediately upon the appointment

and qualification of the members of a board the department must issue a numbered license to the board along with Informa­ tion as to the prescribed duties of the board members and the territory over which the board is to have jurisdiction* A license fee of three dollars is charged*

The secretary

may suspend the license of any board which falls to act according to the terms of the law*

However# suspension of

the license does not relieve the board of any liability previously incurred under this law#141 Licensed local warehouse boards did; not assume a prominent place in Iowa's farm picture until 1933* With this procedure for sealing grain Iowa was in a posi­ tion to cooperate with the first Federal c o m loan program administered by the Commodity Credit Corporation in 1933 and 1934*

The local warehouse boards supervised the sealing of

150#000#000 bushels of c o m under this program#148

These

boards continued to perform this important function until 1938 when the Federal farm loan program was reorganized as

-109part of tho Agricultural Adjustment Administration which absorbed the responsibility of sealing and storing grains under the loan program#

As a result the warehouse boards

have ceased to be of considerable importance*143

In 1940

thirty-four warehouse boards voluntarily disbanded upon suggestion by the Secretary of Agriculture because no longer needed and to save catenae*144 #he power of the Secretary of Agriculture to license local supervisory boards is a good example of ad­ ministrative power to Issue licenses only after certain conditions come into existence# leaving it to the adminis­ trative agency to determine the existence of these condi­ tions#

Thus# any interested person may request the ap­

pointment and licensing of a supervisory board but it is solely up to the secretary to determine upon the "advisa­ bility or otherwise" of appointing the board#

The condi­

tions which must exist before a license Is granted are not specified by the legislature*

They are determined solely

at the discretion of the Secretary of Agriculture acting in the capacity of an administrative officer# The Division of Entomology Issues certificates of inspection to nurseries in Iowa and for nursery goods shipped into the State* the following Chapter#

But these are better discussed in

-noConclusions On the basis of the proceeding discussion several general summary statements may be made about the licensing function of the Department of Agriculture * Most of the statutes under which the department exercises this function provide fairly definite minimum standards which must be compiled with to secure and retain a license*

In

addition* the Secretary of Agriculture Is given authority to make such additional rules and regulations necessary to enforce the statutes* The department can compel any business or indivi­ dual operating without a license to secure one or cease to operate by securing an injunction from the district court restraining the individual or company from continuing to operate without a license*146

Inspectors must detect any

unlicensed business or individuals*

In the ease of un­

licensed businesses# the Inspector insists that applications for license be made at once*

A record of this action is

reported to the department*

It is the inspector's duty to

follow up on such oases*

In many instances involving

routine licensing of scales and gas pumps the inspector collect® the fee on the spot and issues a receipt to the individual*

The inspector forwards the duplicate receipt

and all necessary information to the license clerk who Issues the proper license*

Only after these measures

fail is court action initiated*

-IllDiscretionary power exercised by the Department of Agriculture to grant or refuse licenses is not unlimited* Much of the licensing power is mandatory in nature with little or no discretion involved because the license must be granted when the legal requirements of the law are met as exemplified by milk dealer's, scales# gas pump# hotel# and other business licenses*

However# the department

does exercise a large degree of discretion under its power to issue licenses only after certain conditions are found to exist# with the department being the sole determiner of the existence of these conditions as exemplified by milk tester's* cream grader's, cream station# cold storage* locker, and other licenses* thermore# the department can refuse to grant

Fur­

licenses

or to renew licenses only for "good and sufficient" grounds#

Any individual refused a license can seek

redress in the district court of the State*

Fear of

judicial review of its action acts as a curb upon the discretion exorcised by the department in refusing to Issue licenses*

If the case goes to court the depart­

ment must defend Its action and prove that it acted with­ in the powers granted by the General Assembly of Iowa. Licenses Issued .by the Department of Agricul­ ture generally are valid for only one year at the end of wh*oh applications for renewals must be made. renewal procedure is largely routine in nature*

The Nevertheless,

-112requirement of annual licenses provides an opportunity for a periodic review of the desirability of continuing the license privilege*

In short* the ing>lled threat of non­

renewal acts as a check to more readily secure the licensee's conformance to the law# A large measure of discretionary power is specifically granted by statute to the Department of Agriculture to revoke licenses for violation of any statutes applying to the licensee or for the licensee's refusal or failure to obey rules and regulations estab­ lished by the department*

This discretionary power#

however* is limited by threat of judicial review of the administrative decision if the lloensee takes the matter to court*

An even more effective limitation upon the

exercise of this broad power to revoke licenses is the policy of the department to serve rather than to prosecute. It

exercises considerable patience and great reserve in

securing conformance of recalcitrant licensee's to the standards required by statute.

Probably, the desire of the

department to be "popular" and to be cooperative rather than "hard" is based upon political reasons as well as administrative good sense*

The department does not sus­

pend licenses except when specifically provided by law. Notice and hearing are provided in all casos involving revocation of licenses.

2h only a few specific

instances the statutes provide administrative procedure

-113for notice and hearing* are closely followed*

These statutory requirements The department has established an

Informal hearing procedure which appears to be a reason­ able safeguarding of the rights of the individual*

If the

department's action falls in this respect the Individual is considered to have adequate means of securing redress by appeal to the district court* Licensing is a means of regulation widely utilized by administrative agencies engaged in regulatory work* Certain standards# as established by statute and the rules and regulations of an administrative department# must be achieved to secure a license and conformed with to malntdin the license*

Failure to observe the established standards

may result in revocation of the license by administrative action usually involving formal or informal hearings*

The

licensing function of the Iowa Department of Agriculture would appear to be well conducted*

■11A. Chapter VI THE HiSPECTIONAL FUNCTIONS OP THE DEPARTMENT OP AGRHTOLTTJRE Inspection by public officials of commodities, buildings# trade practices* and businesses is an old func­ tion of government*

It is one aspect of the broad problem

of law enforcement#

The growing technical nature of modern

civilisation with Its industrialised economy has expanded the importance of the inspections! functions of government as never before* necessitating the use of specialists as inspectors for the protection of the general welfare# The first inspectional service in what is now the State of Iowa was established in 1830 by the Legisla­ tive Assembly of Michigan Territory* which enacted a measure designating each county in the Territory as an inspection district and empowered the Governor to appoint one inspector for each district to inspect flour, pork* beef* and fish to see that the standards established by law were adhered to and all products properly labeled*

The law specified

certain fees which the inspector was entitled to collect for his services#146

From this modest beginning the

present day inspectional services of the Department of Agriculture have developed# The phenomenal expansion of governmental inspection activities is related in part to such factors

—115— as the progress made in the development of the sciences, medicine# hygiene;'•the development of social reform move­ ments# 1 4 7

By sheer force of circumstances more positive

governmental action has become the order of the day to enforce the growing volume of legislation# This Chapter gives a descriptive analysis of the inspectlonal activities carried on by the Department of Agriculture inspect#

and discusses the scope of the power to

Also of concern at this time are the problems

of precise* measurable standards* objective inspections* enforcement techniques* and the personnel problem of inspections# The Purpose of Inspection The inspectlonal function of an administrative agency may be defined as* "the examination of some matter with respect to standards of public policy#"14®

These

standards are expressed In laws or in administrative rules and regulations#

Examination into a specific situation or

condition requires exercise of discretion by the inspector in comparing conditions found to exist with standards expressed in law as public policy# The Inspectlonal function of administrative agencies differs in several ways from the traditional police function of law enforcement*

For one thing#

inspection is more specialized and generally relates to a

—116— particular subject* such as sanitary standards for food establishments or the control of diseases among livestock* Inspection generally implies a continuing surveillance of the matter inspected in order to insure continued conform­ ance to at least the minimum standards imposed by law*

3h

other words* the inspector does not wait for a law to be violated; rather# the inspector seeks to prevent violations by a continuous process of Inspections * Or* inspections may be periodic in nature —

two or three times a year —

to secure continuous conformance with established standards* Inspection.Is as much concerned with preventing violations as In securing convictions# 1 4 8

Finally* inspection is

concerned also with promoting higher standards in the in­ terest of the economic welfare of the producer and the consumer#

Always in the background howeveg lies the

threat of sanctions which may be invoked to enforce the standards established by law#

Only rarely would such sanc­

tions be used before all other methods of securing con­ formance have been exhausted* The inspectlonal functions of the Iowa Depart­ ment of Agriculture are carried on primarily to enforce standards imposed by law and to improve them*

The in­

spectors of the department endeavor to achieve these ends by publicity# by cooperation and consultation with those directly involved# by reporting violations of bhe laws to the department* and by helping to bring the violators to

-117justice*

Consideration should be given to the scope of the

inspectlonal function of the Department of Agriculture# The Scone of the Inspectlonal Function; Division qf"bal'ry and 'Fool The Dairy and Food Division engages in widespread inspection work over the entire State of Iowa to a greater extent than either of the other two major divisions of the department#

Its inspectlonal activities are concerned

primarily with the enforcement of the sanitary law governing hotels* restaurants# and other food establishments; with the enforcement of the pure food laws# labeling law* weights and measure law; and with the inspection and testing of scales and gasoline pumps#

The performance of these func­

tions bring the inspectors of the division into contact with every community of the State# The Inspection of hotels* restaurants* and food establishments to enforce the State sanitary laws is in Itself a comprehensive and ambitious program#

The sani­

tary laws of Iowa regulate matters relating to sanitary construction and standards of sanitation in conducting hotels# restaurants* and food establishments#

The law

relating to sanitary construction requires the Dairy and Pood Division to inspect plumbing# type of floor# screens* finish of interior wall* and toilet rooms of all hotels* restaurants# and food establishments# ^ 6 6

Standards to be

adhered to in the operation of such food producing and

-118distributing establishments are created by law and deal with such matters as lighting* ventilation* cleanliness of buildings# proper handling of food# towels* drinking cups* expectorating* employment of diseased persons* and the street display of food# 1 5 1

la addition to these gen­

eral standards the statutes establish additional sanitary requirements for hotels relating to such matters as bed­ ding* vermin infestation* towels* ventilation in bedrooms# as well as other matters* 1 5 2 The inspection force of the Dairy and Food Divi­ sion consists of twenty-two regular Inspectors and six special hotel and restaurant inspectors*

The law requires

that every hotel* restaurant* and food establishment must be inspected at least once a year*

Actually# the depart­

ment inspects hotels on an average of three times a year* The inspectors are empowered to make investigations at any reasonable horn? and the management of the business is required to allow the inspectors free access to every part of the establishment and to aid the inspector in every way possible* 1 5 5 All hotel inspections are conducted by a special hotel and restaurant staff of six inspectors*

A hotel

inspection report Is filled out for each inspection*

Seven­

teen specific items must be checked by the inspector* rang­ ing from the sanitary condition of the halls and rooms to the adequacy of the fire escapes*

No scoring system has

-119been devised for these reports* nor Is any inspection fee charged# The hotel and restaurant inspectors are respons­ ible also for enforcement of the fire protection law ap­ plying to hotels*

This law regulates fire exits# provi­

sion for escape requires fire escape signs* as well as other matters# 1 6 4

All violations encountered by the hotel

inspector are iumiediately reported to the State Fire Mar­ shal and the proper local authorities whose responsibility it is to enforce the fire protection laws# 1 6 6 Each of the six special hotel and restaurant Inspectors is assigned to a hotel end restaurant inspection district*

They are responsible for enforcing established

sanitary standards in all hotels* restaurants and taverns# All new restaurants opening for business and all restaurants changing ownership are required by law to pay an inspection fee of fifteen dollars a year in addition to the annual license fee of three dollars# 1 5 6

This inspec­

tion fee is collected by the Department of Agriculture and transferred to the State Treasurer*

The law requires the

Treasurer of Iowa to establish a special "restaurant fund1' which can be drawn upon by the Secretary of Agriculture to pay the costs of administering and enforcing laws applying to restaurjjnts* However# if in the opinion of the Secretary of Agiruclture the balance remaining in the fund on July 1 of each year is greater than the amount needed# the

-120Treasurer of Iowa Is authorized, upon the reooramendatIons of the Secretary of Agriculture, to transfer to the general fund of the State the amount recommended hy the secretary* 1 5 7 Provision Is made by law for special inspections of hotels, restaurants, and food establishments upon receipt by the department of a verified complaint signed by a patron which contains facts showing that the establishment is in an unsanitary condition, or that the provisions for fire pro­ tection are not being observed.

Upon receipt of any such

complaint, the department is required to order an immediate investigation.

If the investigation reveals the complaint

to be correct, the expense of the inspection is charged to the establishment j otherwise, it is charged to the person who entered the complaint, 1 5 8 It is doubtful if this provision aids the Inspectors of the department#

Most patrons are unlikely

to be familiar with the various sanitary standards estab­ lished by law and the rules of the department#

Neverthe­

less, many such complaints are received and Investigated# Most are found not ho be Valid#

However, the author of

the complaint is not assessed the inspection cost as provided by law* 1 5 8

Inspections therefore are usually

routine in establishments which generally abide by the requirements bf the law, thus enabling the inspectors to concentrate their attention upon those which make little or no &ttio$>t to maintain high standards*

-121— Dairy and food inspectors are responsible for the Inspection of all food establishments including "any building, room, basement, or other place, used as a bakery, confectionery, cannery, packing-house, slaughter-, house, dairy, creamery,, cheese factory, restaurant or hotel kitchen, retail grocery, meat market, or

other

places in which food is kept, produced, prepared, or dis­ tributed for commercial purposes* 1*1 6 0

3uoh establishments

are inspected on an average of two to three times a year# No inspection fee is charged* ®tie authority of the Department of Agriculture to inspect food establishments includes dairies and creameries• As a result, dairy and food inspectors are to be found investigating dairies throughout Iowa to check sanitary conditions against the sanitary standards provided by law end the regulations established by the department# 3h 1940, over two thousand inspections of dairies were made* A special farm dairy Inspection report is filled out by the inspector at the time the inspection is made. The department makes every effort to cooperate with cities which have enacted milk ordinances to regulate the local milk supply and which provide for inspections of dairies

In an attempt to eliminate duplication of effort.

VUhen city inspectors experience difficulty in enforcing some particular provision of the milk ordinance, they are free to call on the Dairy and Pood Division for assistance.

Some city milk ordinances require that all dairies which produce milk for the city must be inspected and scored* The department has cooperated in this matter by establishing a scoring system which the department’s inspectors utilize wherever required by city ordinance* on the farm Inspection report#

The scoring is done

3h 1940, the Department of

Agriculture drew up "A Suggested Milk Ordinance" which is recommended to all Iowa cities as a model#

The standards

established in city milk ordinances cannot conflict with those established by State law* From time to time the Department of Agriculture conducts milk surveys in various cities and towns in search of milk offered for sale that is contaminated and unfit for human consumption*

The survey is initiated if the local

health officer or the inspector believes that the milk in the area is being produced under unsanitary conditions* These surveys, conducted by the inspectors and chemists of the Dairy and Food Division, check bacteria count in the milk, presence of dirt, sediment and excess chlorides, and the pasteurizing process*

The inspectors concontrate upon

locating the source of the difficulty and correcting or eliminating the fault* the work*

Local milk Inspectors assist in

Employees of the chemistry laboratory set up a

portable laboratory at a central location to test all samples collected by the inspectors of milk produced by every herd in the area and of milk sold thuoagb retail

-123channels* Follow-up reports are made to each producer stating the results of the test and any recommendations for bettering the product*

The inspector in whose ter­

ritory the survey is conducted receives a complete report of all samples tested*

After this report is reeeivod the

inspector checks the premises in question as a follow-up to the tests*

These surveys art but another service

provided by the department for the protection of the com* aumer* 1 6 2 Inspection of creameries and cream stations Is another Important activity performed by the division* 1 6 3 A special creamery inspection report is filled out by the Inspector at the time the creamery is inspected*

In

addition, all creameries are required by statute to fur­ nish such reports and statistics as may be requested by the department*16^

The department requires an annual report

to be made on forms prepared by it*

These statistics are

usually published in the Iowa Year Book of Mriculture* In addition to enforcing provisions of the sanitary laws relating to creameries, the dairy and food inspectors are required to enforce standards pertaining to cream grading*

They must also see that a price dif­

ferential of not less than one cent a pound between two grades of cream is maintained in all creameries* 1 6 5 Creameries engaged in interstate commerce are subject to Federal standards as well as those established by the

State of Iowa*

All creameries are scored once a year 0n

the creamery score card devised by the department* The Inspection of orearn stations and trucks operating on cream routes differs little from the inspec­ tion of creameries*

^he dairy and food inspectors enforce

the sanitary laws which apply to cream stations and trucks and the presereibed standards for cream as established by law and the rules of the department*

A cream station in­

spection on sanitary conditions of the station and prices paid Is filled out by the inspector at each regualr in­ spection*

A special cream station report is made in tri­

plicate on the condition of the equipment in the station* Mention should be made of several other estab­ lishments which are inspected by the department to insure compliance with the sanitary laws of the State#

In addi­

tion to the general sanitary standards which are applicable to hotels, restaurants and other food producing and dis­ tributing establishments, special sanitary standards are provided by statute for the operation of slaughterhouses!? The department is also responsible for the enforcement of the law relating to the maintenance of sanitary closets in railroad stations*

Regular inspections are made in addi­

tion to those made upon receipt of a complaint by an employee or patron of the railroad#

The department is

required to notfly the station agent in writing of any failure to a bide by the law and order the matter remedied within a reasonable time* 1 6 7

- 125*

The Department of Agriculture must regularly Inspect all cold storage plants and cold storage locker plants# ^ 8 8

Cold storage plants are Inspected at least

once a year and locker plants an average of two to three times a yoar#

All frozen food locker plants are scored

by dairy and food inspectors on a score card devised especially for the purpose*

One copy of the inspection

report is left at the plant, one copy is forwarded to the department, and the third is retained by the inspector All mattress factories in Iowa are inspected by the department to enforce the sanitary laws of the State with particular emphasis being placed upon the sanitary condition of the material going into the manufacture of mattresses« The department is authorized to collect a ten-dollar inspection fee for each inspection up to a maximum of two a year#

Additional inspections are made

at the expense of the department#I7 8 Although the enforcement of tiio Baby Chick Act is the responsibility of the recently organised Hatchery Division# the Inspection work relates largely to the enforcement of sanitary standards in hatcheries to prevent the spread of disease among baby chicks#

Detailed standards

of sanitation are not established by statute, leaving to the department and its inspectors a large measure of dis­ cretion in interpreting and enforcing the law#

— 126—

Another field ef inspcctiona! work which oc­ cupies considerable time of the Division of Dairy and Food relates to the enforcement of the pure food lava* the labeling laws# the weight* and measure law*# and the regulation of other commodities#

l^oreement of the pure

food laws# the weights mid measure laws# and the labeling law* ia carried on by the dairy and food inspector*# also responsible for the enforcement of the pure food law* a* they apply to creameries#

In the former Instance# the

inspector is enforcing minimum stiandfirds applying to places of business; in the latter# the inspector is enforcing standard* applying to products sold for conauiaptiori* This second general type of inspections! work requires the measuring of the article tested against cer­ tain standard* specifically defined by law#

Inspect Iona

are made of certain foods# commercial feeds# agricultural seeds# commercial fertilisers# insecticides# fungicides# paint*# llneseed oil# turpentine# petroleum# and gasoline* fhe enforcement of weights and measure laws# and the inspection of scales and gasoline pumps are of the sane nature in that objective standards exist by which the inspector can mitt* tests to determine whether or not the required standards are being observed*

-127The pure food laws establish fairly specific standards for certain foods such as butter# imitation butter# renovated butter# various types of cheese, cream# various flavoring extracts# Ice cream# other frozen milk products# oysters# and various kinds of vinegar# 1 7 1 Standards for eggs sold to the consumer are objectively defined by law* 1 7 2

An extensive and fairly objective de­

finition of food adulteration is provided by statute# 1 7 3 All foods defined in the pure food laws of Iowa can be sold only under the name specified in the law# 1 7 4

The

labeling law which governs all packaged foods establishes specific standards which must be observed# 1 7 3

All imita­

tion products are required to be labeled "imitation” in the manner specifically provided by law and regulations of the department#17© Standards which govern the composition and labeling of commercial feeds are enforced by the dairy and food inspectors# 1 7 7

An inspection fee of ten cents per ton

is levied on all commercial feeds sold or distributed in Iowa excepting certain feeds manufactured in the State# Commercial feeds not subject to the fee include unadulter­ ated wheat# rye# and buckwheat bran; wheat# rye* and buck­ wheat middlings; ,or wheat# rye* and buckwheat shorts manu­ factured in Iowa*

All manufacturers of commercial feeds

are required to report their sales twice yearly at stated intervals# and pay an inspection fee on the basis of all

—128sales made#178

All persons selling stock tonics are re­

quired to pay an inspection fee of six dollars a year for each product in lieu of the tonnage fee levied on commer­ cial feeds#178

State inspection tags must be attached to

each sack of feed to indicate that the inspection fee has been paid by the manufacturer*

The tag Is in no sense a

guarantee by the State of Iowa of the quality or analysis of the feed.180 Under the Agricultural Seed haw of 1941 the de­ partment inspects and tests agricultural seeds*

Stringent

standards are established for all agricultural seeds sold in Iowa* regulating the age of seed offered for sale* maxi­ mum amounts of weed seeds allowable* and the label which appears on seed containers*

The inspectors of the depart­

ment are authorized to make inspections* take samples* and test at any time any agricultural seed offered for sale or transported in Iowa#181

The law is primarily a labeling

law* Inspectors of the department are authorized by the Fertilizer Law of 1941 to inspect all fertilizers of­ fered for sale in Iowa* to take samples* and to make analy­ sis of them to determine whether or not the fertilizers tested meet.

State standards established by law and the

regulations of the department •^ 2 charged for this service*

Ho inspection fee is

-129* this law is typical of many of the laws enforced by the department*

As commercial fertilizers came to play

a more Important part In Iowa farming the old commercial fertilizer lav proved Inadequate and a more detailed law was enacted*

Terms of the trade such as ‘’commercial

fertilizer”, "fertilizer material", "filler", "brand", and "grade" are defined#

The registrant must file certain

information as specified in the law when applying for a license to sell fertilizers in Iowa*

Detailed provisions

regulate the branding or marking of fertilizers in the interest and protection of the consumer*. The official method of sampling and analysis established by the Association of Official Agricultural Chemists is prescribed in the statute as the procedure to be followed by the department in making chemical analysis of agricultural fertilizers*

However, the

Secretary of Agriculture is empowered to change these rules by publishing new regulations for testing as adopted by the department*

All analyses of fertilizers

made by the chemists of the department are held by the law to constitute prlma facie evidence of their cor­ rectness in the courts of Iowa*

The detail provisions

of this statute are characteristic of many of the statutes of Iowa; yet the secretary’s power to aet is not unduly curbed*

Positive administrative action is possible and

is secured*.

Responsibility for enforcement of the Standard Weights and Measure Law183 rests with the Department of Agriculture*

Its agents are required to Inspect all weights

and measures used In any transaction Involving the sale of any coimiodlty*

An inspection fee of three dollar* is charged

for the Inspection of all scales with a capacity of one thou­ sand pounds or over; ten dollars for railway track scales; and three dollars for all hopper or automatic scales*

How­

ever# the department cannot require payment for more than two Inspections per year unless requested by the owner or operator*

Additional Inspections may be made*

If the de­

partment receives any complaint that Incorrect weights and measures are being used# It

Is required to Investigate them*

The regular dairy and food Inspectors cheek all counter and platform scales*

Each Inspector carries two

fifty-pound weights and a kit of twenty-one pound graduated f i weights# Five special heavy scale Inspectors In, as many Specially equipped trucks make regular inspections of all heavy scales located In Iowa#183 To enforce this law* the inspector may seize* if necessary* without warrant any weights* measures* ^scales* or weighing apparatus which does not conform to the 3tat$ standards or for which the proper license fee has not been paid*

Any weighing or measuring apparatus which Is found

not to be working properly may be sealed by the Inspector until repaired*

The department Is required to establish

-131reasonabl® tolerances for all scales# 1 8 3

Minor adjustments

to heavy scales are always made by the Inspector as a ser­ vice of the department* the owner*

All major repairs must be made by

In such eases* the inspector leaves a special

card which must be filled in by the repair man dfter the scales are repaired and then mailed to the department# 1 8 7 In compliance with the law the Secretary of Agriculture has designated the chief chemist as official State sealer of weights and measures# 1 8 8

The head of the

chemical laboratory Is also responsible for the State weights and measure standards and the testing of all weights and measures used by the Inspectors of the department# 1 8 8 Gasoline pumps are cheeked regularly for accuracy by the Inspectors of the Dairy and Food Division*

The

motGrfabls further protected as the quality of gasoline and other motor fuels offered for sale Is cheeked#

A special

motor fuel Inspector collects samples from wholesale and retail outlets and makes tests of them In the chemical laboratory#

A copy of the test report is always sent to

the dealer#

Samples tested must meet the standards es­

tablished by law for gasoline and motor fuels#

Tests of

gasoline and motor fuel will be made by the department at the request by any wholesale or retail dealer upon submis­ sion of the sample accompanied by a fee of two dollars* 1 8 0 /

In 1940* 4*372 samples of gasoline from retail pumps were analyzed#

In many cases the dealer was ordered to cease

selling the gasoline or to add fresh fuel to bring the gasoline up to the required standards#

However* the de­

partment reports that the quality of motor fuel generally meets the requirements of the law# 1 8 1 Inspection of Illuminating oils and other parti­ cular products Is regularly carried on by dairy and food Inspectors#

An Inspection fee of not over seven cents per

barrel of fifty-five gallons is charged*

All such products

must meet the standards established by law and the regula­ tions of the department* 1 8 8 Several other laws of lesser importance estab­ lish standards which must be complied with by all persons affected#

The Agriculture Lime Law requires the vender

to declare in writing the amount of calcium carbonate and magnesium carbons contained In a shipment of agriculture lime# and the written statement to that effect must not vary more than 10 percent from the true facts*

Samples

are analysed by the chemical laboratory upon request and If accompanied by a fee of three dollars*

The samples

tested must* however* be secured by an Inspector of the department * 1 8 5 Standards regulating Insecticides and fungicides sold In Iowa are established by the Insecticide and Fungicide Law*I34

standards applying to all paints and

oils are established in the Faint and Oil Law* 1 8 3

The sale

of certain bulk commodities such as coal* charcoal, coke*

-133hay* and straw la also regulated#

Inspectors of the

department may stop any conveyance transporting such com­ modities and order the driver to proceed to a designated scale to check the correct weight of the commodity* 1 8 3 The chemical laboratory performs a function vital to the successful enforcement of the specific, standards established by the laws and regulations administered by the department*

The laboratory is a control agency constantly

at work analysing samples of food* commercial feeds* seeds* fertilisers* agriculture lime* insecticides* fungicides* paints# oils* and all types of petroleum products* 1 8 7 She Inspectors in the field constantly sand.

in samples

of all sorts for thorough analysis by the laboratory*

One

special Inspector of the Dairy and food Division works out of the laboratory and collects samples of agricultural seeds* agricultural feeds* and gasoline# 1 8 8

In addition#

the laboratory analyses samples sent In by individuals as provided in many laws and upon payment of the required fee# The chemical laboratory cooperates with the Iowa State College of Agriculture and Mechanic Arts In the matter of laboratory testing# duplication#

Efforts are made to prevent

Much of the seed analysis work of the depart­

ment is performed In the seed laboratory of the college* The Agricultural Seeds Law requires the department and oollege to cooperate in this matter to prevent duplication of equipment and personnel# 1 9 9

-134The inspectional activities of the division are readily divided Into two types on the basis of the degree of discretion exercised by the department and its inspec­ tors* and In terms of the nature of the thing inspected# The first type Includes all Inspections! activity carried on by the Dairy and Food Division to secure compliance with the sanitary laws applying to hotels* restaurants* food establishments of all sorts* and hatcheries*

The

second* Includes inspections! activities relating to the enforcement of specific objective standards for foods* specific provisions for labels on packaged articles* specific standards for agricultural seeds* feeds and fertilizers* specific standards for weights and measures* and a host of other items# In the first classification* the Inspector is concerned with the enforcement of the provisions for sani­ tary construction and maintenance of certain buildings used as business establishments which cater to public wants# lost of these sanitary standards* no matter how specifically detailed by statute and administrative regulations# lack the preciseness and objective measurability provided in the standards established for pure foods* weights* and other articles#

The sanitary laws* for instance* require that

all restaurants must be kept clean# In detail is difficult#

To define "cleanliness”

The law is silent and the regula­

tions of the department do not help much.

In other words*

-138the Inspector must exorcise his own discretion as to whether the establishment is clean#

Individual judgment —

an exercise of discretion — will vary among inspectors# Be it ie with many other provisions of the sanitary code# To greater or leseer degree the inspector must exerdbe his judgment in order to make the statute workable#

Visual

proof of the exercise of discretion by the inspector Is readily obtainable by visiting any masher of restaurants in Iowa and observing tbs wide variation in standards of sanitation which prevail# This matter of discretion which arises in the area of enforcement by inspections gives rise to serious problems#

Because the law is not specific and in all

probability cannot be made speolfle enough in such matters as general sanitation of food establishments* the administrative agency may solve the difficulty by nm-enforcementf or by loose enforcement based on very low standards of sanitation#

The exercise of discretion

by each Inspector usually results in the prevalano© of vary­ ing standards with some Inspectors being strict and others liberal*

The inevitable result Is an unequal application

of the law*

Without a doubt* more objective measures of

inspection of such matters seed to be devised#

One

partial solution to the problem lies in the employment of highly trained and skilled specialists#

-156The second classification of inspections! work —

that which is concerned with the enforcement of

objective* measurable standards for pure foods, weights, petroleum, and other articles —

involves the exercise

of far less discretion on the part of the Inspector*

A

statute which defines cream as "the fresh portion of milk containing at least sixteen percent of milk fat, which rises to the surface of milk on standing or Is separated froaa It by centrifugal force, " 2 0 0 or which defines the standard milk bottle as one quart liquid measure, are objective In nature and subject to objective proof.

Motor

fuels, agricultural seeds, and commercial fertilizers can easily be analyzed to determine their conformance z

with the standards established by law#

Little opportunity

for the exercise of .discretion Is left to the Inspector, Objective, measurable standards can result In more uniform enforcement of the law, assuming that each inspector is performing his duty*

=v

The primary object of the divisions inspectional activities is to protect the public health and welfare. In this sense the various inspectional activities cannot be separated Into classifications*

Nevertheless, the

protection of the consumer end the promotion of business aro important objectives of the inspectional activities of the department*

**

137

«*

The second significant aspect of the inspeotlonal activities of the Dairy and Food Division is the broad scope of inspection powers*

The range of matters

which the division is empowered to inspect already has been indicated#

It is authorised to make Inspections as

frequently as it deems necessary and at any reasonable time*

The Inspectors are empowered without the consent

of the owner to take samples for laboratory testing of any products regulated by the laws enforced by the division* However# the inspector is required by law to pay for the sample out of the contingent fund of the department # 2 0 1 The authority of the division to carry on Inspections Is comprehensive • The two chief facto® limiting its power to inspect are the indisposition of the administrative agency to use its power fully and the lack of appropria­ tions to carry on a more comprehensive program of inspec­ tion*

A third limiting factor might well be public apathy

or Indifference* A study of the various inspection report forms utilised by the inspectors indicates that some attempt has been made to be objective*

The dairy farm Inspection report*

the frozen food locker plant score card* and creamery score Card are the department’s best attempts at achieving a high degree of objectivity in Inspections*

Sach of these

inspection reports lists in detail the speoifi© points whien are to be checked by the inspector and rated on the basis

-138of points#

The cream station Inspection report and the

creamery inspection report are fairly detailed in nature but no scoring system is practiced*

Each question is

answered by the inspector with a "yes" of "no* 0

The hotel

inspection report# though somev/hat detailed in nature* does not compare with the above Inspection reports#

The

restaurant inspection report lists fourteen items to be checked by the inspector#

Ho scoring system is attempted#

The canning factory inspection report is fairly compre­ hensive in nature* but no attempt to rate is made#

the factories

Special inspection report forms are provided for

other particular inspectional functions * A miscellaneous form is used to report inspections of grocery stores and all other food establishments#. A study of the inspection reports in the files of the hairy and Food Division gives some Indication of the level of the inspections performed by the division*

Vague

and subjective ratings such as “all okay*" “good*" "satis­ factory# 11 "nice clean place*" and "conditions all satis­ factory*" are common*

23a© approach of the inspector in

securing conformance with the law ia indicated to some extent by comments made on the reports concerning matters in which the establishment was not conforming with the standards provided by the law#

Where one inspector’s

report indicated the exercise of patience and persuasion# that of another would reveal a "hard-boiled" attitude and

- 139-

contain threats of prosecution#

These variations indicate

clearly the importance of the "human aspect" of the inspec­ tion process# 2 0 2 The Dairy and Food Division is aware of the need for securing more uniformity in inspections and in the enforcement of the laws and rules administered by the divi­ sion#

The scoring of inspection reports as discussed

above is one attempt*

The department requires each inspec­

tor to send in every day copies of all Inspection reports* The inspector is required by the department to fill

6

ut

the proper inspection form at the time the inspection is made*

At the inspector’s discretion (unless specifically

required by the law) a copy of the report is given to the owner of the establishment# one copy is sent to the divi­ sion# and the third copy Is retained by the inspector* These reports are kept on file for at least five years* Any reports which indicate an

unusual

or difficult pro­

blem are brought to the attention of the chief Inspector of the division who supervises and assists the field men* In addition to the daily inspection report* the inspec203 tor, must submit a weekly report of all inspections made* The problem of securing uniformity in the inter­ pretation and application of the 3a ws enforced by the divi­ sion is a major problem in the field of inspection#

There

would seem to be some advantage in requiring all cases which may necessitate prosecution to be cleared from the

-140desk of the chief Inspector#

This would give that official

an opportunity to review the inspector’s interpretation and application of the law before any further positive steps to enforce it are commenced*

The department does follow

the practice of revoking licenses for repeated major viola­ tions of any law*

However* the hearing, provided before

revocation# in which the licensee is given an opportunity to show cause why his license should not be revoked# pre­ sents an opportunity to bring out the inspector’s interpre­ tation of the law as well as to give the licensee an op­ portunity to present his side of the case# The frequency of inspections conducted by the Dairy and Food Division varies from an average of two to three a year for hotels to an average of about seven inspections per creamery each year#

In the fiscal year

ending June 30# 1923# seventy inspectors of the then independent inspection services made 97#255 Inspections*

PQA

whereas thirty-three inspectors made 178*973 inspections In 1938*

Much of the efficiency of the Inspectional

activities of the dairy and ifdod inspectors can be contri­ buted to the partial adoption of a system of inspection districts#

Before the reorganization of the Department of

Agriculture in 1923* specialized inspectors wore engaged in the enforcement of each particular lav/#

Since 1923# the

State has been divided into thirty inspection districts with an inspector in charge of each to do inspection w ork

-141as well as perform any other functions required by the department# district*

The inspector is required to live in the Thus the department is able to keep in daily

communication with eaoh inspector if the need arises* 2 0 6 Another advantage derived from the use of the district system is that the Inspector is able to cover his territory more frequently*

As a result of this closer

contact with the owners and operators of the establishments Inspected# the inspector soon learns which ones will require more attention to secure compliance with the laws*

Naturally#

they will be inspected more frequently than others# The problem of maintaining continuous and com­ plete Inspections Is always a difficult one#

Undoubtedly*

the efficiency of the inspectional work of the Division of Dairy and Food could be increased by more frequent inspec­ tions in many fields even though this has been stepped up since 1923#

Unfortunately# the frequency of Inspections

is determined to a great extent by the number of inspectors available under the appropriations and not by need alono# It would appear that the district system of Inspection can be overdone*

If the inspector is required lab

carry ga several different types pf inspection work at the same time he is not likely to become expert enough*

It is

not the number of inspections made per year which counts# but the thoroughness and quality of each Inspection*

207

—142— However# there are some exceptions to the dis­ trict system*

A force of six hotel and restaurant inspec­

tors operates in as many special hotel and restaurant in­ spection districts#

3h addition* the five heavy-scales

inspectors devote most of their time to testing scales throughout the State* though they do assist the district dairy and food inspectors to check up on the weighing of coal and other hulk commodities*

In addition a special

inspector from the cheroical laboratory collects samples of various commodities to be tested in the laboratory*20®

The

history of the inspectional aervice of the Division of Dairy and Food shows a shift from the use of specialised inspectors# as was the prevailing practice before 1923# to district inspectors responsible for inspection work in the district# However* the department has made no fetish of this principle# and has not hesitated to use specialized inspectors where the need was demonstrated# The Scope of the Inspection Function: Divisions oF~i&fraT,lndu3;£ry '

anal^toBES

The inspection work performed by the Division of Animal Industry# the Division of Entomology# and the Apiary Division is extensive in scope* requires technical knowledge on the part of the inspectors, and is specialized in nature* The Division of Animal Industry employs licensed veterina­ rians to perform inspectional work; the State Entomologist find his assistants* and the State Apiarist# professionally

-143trainod In tlieir own fields* conduct the inspectional activities of their divisions* Broad powers are bestowed upon the Division of Animal Industry to enforce the laws vjhich it is authorized to administer.

It may make any necessary rules to aid In

the suppression and the prevention of Infectious and con­ tagious diseases among animals*

The division Is empowered

to investigate all reported law violations*

It may and does

Inspect animals thought to have on infectious or contagious disease* and it is empowered to inspect farm buildings and yards or any other place which might serve as a souroe of such disease*

It is authorized to establish and maintain

quarantines against all animals afflicted with or exposed to infectious or contagious diseases*

The division is

required to regulate and to prohibit the movement into Iowa of stock which has not previously been Inspected#

It m y

take summary action to enforce its quarantines and orders* It must employ efficient and practical mans to prevent# suppress# control# and eradicate contagious diseases such as tuberculosis* Bang1s disease, Xiog cholera# sheep scab* and numerous other animal diseases# hearings as it deems necessary#

It may hold such

Acting

through the Secre­

tary of Agriculture the division is authorised to enter into cooperative agreements with the United States Depart­ ment of Agriculture to secure aid in the performance of Its duties*

Finally# the division may call upon the veterinary

-144division of Iowa State College which is authorized by statute to use its equipment and facilities to aid the Division of Animal Industry to perform responsibilities* 8 0 2 The Division of Entomology is responsible for the enforcement of the Iowa Crop Best Act#

It inspects plants

and plant products infected with disease or infested with an insect pest#

In addition# the division inspects all

plant nurseries upon payment of the proper fee and issues certificates of Inspection to such nurseries5 it estab­ lishes and enforces qus&t&nesj makes seizures in violation of its quarantines! and negotiates reciprocal agreements relating to nursery inspection work and elimination of out-of-state inspection fees* 2 1 0 The Division of Apiary is responsible for the establishment of quaoartinea to control bee diseases and for the inspection of bees and bee keeping appliances*

Inspec­

tions usually are made only upon written request of any bee keeper#

Xh addition* the State Apiarist is required to

carry on educational work relating to the care of bees and the production of honey*

The State Apiarist is empowered

to Issue regulations controlling the transportation of bees without a permit and may even issue a prohibitory order under certain conditions* 2 1 1 The scope of the inspection activities of the Division of Animal Industry and the Division of Entomology is broad and would appear to be accompanied by adequate

grants of power#

Investigation may be made into any matter

tinder their control as frequently as the divisions find neoessary#

They may make rules and regulations necessary

to expedite their responsibilities*

They are empowered

to cooperate with the United States Department of Agricul­ ture in any manner which will aid them in performing their responsibilities#

These two divisions possess summary

power to destroy menaces to the public health and to establish quarantines as enforcement techniques to support their inspectional work#

Considerable discretion may be

exercised by the two divisions to determine the existence of certain conditions and to decide upon proper remedial action#

For example# the Secretary of Agriculture exer­

cises discretion in determining whether# in his opinion# a re-test of any tuberculin tested cattle should be allowed*212 The inspectional functions of these divisions differ from the inspectional activities of the Division of Dairy and Food in one particular#

The inspectors of the

Division of Animal Industry and the Division of Entomology not only x^oss©©© broad powers to determine violations of the laws# but they possess power to engage in control work of varying sorts to eliminate the causal conditions#

Thus#

if a beo keeper fails to treat or destroy diseased bees upon order of the State Apiarist# the latter is empowered to carry out treatment or destruction#^13

The Animal

—140Industry Division and the Entomology Division may estab­ lish quarantine*# or abate nuisances endangering the public health#

The discretionary exercise of power in control

work la considerable#

scope of power granted to the

Apiary Division is not as broad* In general* as the powers are granted primarily to protest the public health and* at the sum* time* to promote the agricultural interests in

lose*

It is generally conceded that the power to make Mies end regulations Is essential to the efficient and fair administration of government today*

The rule-making

power of an administrative agency is a practical method of Implementing statutory law#

It is sub-legislation#

Generally* for rule-making power to be a valid delegation of legislative authority several requisites must be present*

% © legislative body must itself possess the

power to legislate over the matter#

Definite limits to the

delegation must be established by defining the subject of the delegation and by establishing primary standards which guide the administrative body exercislng rule-making autho&ty# the legislature m e t reefalr© a finding in the osse of contin­ gent legislation#

^he rule making power must be delegated

to a public body and not to private groups or persons# Finally*

only the legislature oan

establish

-147sanctions for violation of the r u l e s I n light of those general characteristics the rule-making power of the Depart­ ment of Agriculture should he considered# All"enforced by the deportment# a recognised public agency# are but applications of the police power of the State to protect the public health and safety#

The

exercise of police powers is perhaps the oldest concern of state governments# and remains today of great importance* The subject of every delegation of rule-making authority to the department is clearly defined in the laws*

Primary

standards or guiding principles are generally clearly stated*

Practically no use is made of contingent legislation*

All penalties for violation of the provisions of the statutes and the rules of the department are established by the General Assembly* The General Assembly of Iowa has granted to the Department of Agriculture the broad power to# 5 1establish# publish# end enforce rules not inconsistent with law for the enforcement of the provision of this title* [Regulation and Inspection of Foods# Drugs# and Other Articles] and for the enforcement of the various laws# the administration and supervision of which are imposed upon the department** The authority of the department to establish rules and regulations is limited by the necessity for such rules and regulations#

it must be able to show clearly before

the courts that its action was necessary and essential to

-148the fulfillment of the purpose of the lav/*

The action

cannot be justified merely as a convenience#

In a few

instances# the authority of the department to establish necessary rules and regulations is further limited by statutory provisions*

Thus* the department is empowered

to establish standards for pure foods when such are not fixed by law#

However* the standards established by the

department must conform with those of the Federal agricul­ ture department#2^

The departments authority to estab­

lish rules to determine when a herd of cattle is free of tuberculosis is limited not only by dtate statute but by Federal statutes and any rules established by the United State Department of Agriculture#^17

All rules of the

department regulating interstate shipments of animals must not conflict with the rules established by the Feder­ al Department of Agriculture# excepting in case of specified emergencies*2^®

All rules and regulations ap­

plying to agricultural seeds must be 11in general accord with officially prescribed practice in interstate commerce under the Federal Seed Act#”213 The delegation of rule-mailing power by the General Assembly of Iowa to the Department of Agriculture falls into two major categories.

The first category of

delegated power Is very general in nature.

The department

is authorised to. establish rules and regulations# not inconsistent with the statutes# which the department deems

-149necessary and proper for the protection of the public health# the regulation of various businesses# and for the enforcement of the various laws which are Its responsible., ities#

Most of the department’s rules tnd regulations

are of this nature# In addition# the department establishes rules which supplement the statutes#

The statutes are as specific

as practicable and to an extent necessary to indicate to the administrative agency the purpose of the legislation* Thus# the department is empowered by la?/ to draw up and publish standards for other foods not established by State law#

Also exempliary of this rule-making power is the

case of the Secretary of Agriculture who# upon recommenda­ tion of the State Botanist, is empowered to add to or sub­ tract from the list of weeds defined by the statute as primary or secondary noxious weeds#22®

Several animal

diseases are defined by statute as infectious and contagious diseases#

The Secretary of Agriculture is authorized to

add to tills list#22*** The authority of the department to make such rules as it deems necessary to govern the manu­ facture * sale# and distribution of biological products in order to maintain their potency and purity222 is another example of this same pov/er# All rules and regulations established by the Department of agriculture are, with but few exceptions, issued by the Secretary of Agriculture#

The State

- 150-

Entomologist is empowered to establish rules and regula­ tions, but must first submit thorn to the secretary for his approval before they go into effect.

In actual practice#

the rule* and regaletions are drawn up as a restilt of in­ formal conferences v;lth interested and affected parties, with exports from outside, and the employees of the depart­ ment#

Immediately upon adoption of any miles or regula­

tions, the secretary forwards a certified copy to the auditor of each county.

*^he rules and regulations take

effect In each county on the day stated in the certified copy.

All amendments to the rules and regulations require

similar notice#22® Additional procedure is required by statute for the formulation of miles by the department under its power to control infectious and.contagious diseases among animals* The statute requires the publication of any such rules in at least two daily newspapers of general circulation at least ono week before the rules take effect.

This provision for

notice, however, is not applicable in cases of an emergency nature which require: Immediate action.22^

All miles and

regulations adopted by the department under authority granted it by the Agricultural Seeds Taw must be preceded by public notice and a public hearing before they become effective,225

Rules and regulations issued by the depart­

ment must be published and made available to any individual upon request#226

-151The legal effect of the rules and regulations established by the department is the same as that of the statutes enacted by the General Assembly#

Any violations

of these rules are punishable by the same penalties im­ posed for violation of the statute*227

Judicial review

of such administrative sub-legislation occurs when a case involving violation of rules established by the depart­ ment is taken before the court# The Problem of Enforcement Enforcement techniques employed by the Depart­ ment of Agriculture vary from methods of mild persuasion to coercion#

The choice of the technique to be employed

Is largely determined by the nature and urgency of the problem in question#

It has long been the established

policy of the department to enforce the laws by employing methods short of prosecution in the courts#

The depart­

ment is not interested in establishing a record for prosecutions# nor does it rely upon fines for financing its activities#288 The extensive licensing power of the Department of Agriculture constitutes an effective enforcement tech­ nique which is constantly utilized*

The exercise of its

power to refuse to grant a license# to refuse to renew a license* to suspend a license# and to revoke a license for cause are concrete examples of the exercise of this particular enforcement method*

—152— The investigatory technique, a second ewd important means of enforcement# is exemplified by the power of the department to conduct investigations, to make inspections# and to secure samples of foods and other products for analysis.

The department may investigate

any matter relating to the laws within its jurisdiction* and conduct investigations to determine the existence of certain conditions and the best course of action.

It may

investigate a situation preliminary to filing a charge against an offender.

In addition to special investiga­

tions which the deportment may engage In* it is constantly carrying on routine Inspectional activity* the scope and nature of which has already been considered.

The authority

of the department to secure samples of foods and certain other products and to seize such for testing is but another example of an enforcement technique utilized by the department. Although inspection —

supported by threat

of compulsion — may result in an order applying to some individual to do or to cease to do some particular act* the department attempts to make the investigatory method effective by education# by persuasion* and by cajolery before employing more formal means of compulsion. Quarantines* as a means of enforcement* are employed by the Division of Animal Industry to control infections and contagious animal diseases and the ship­ ment of livestock; by the Division of Entomology in the

-153control of plant diseases; and by the State

Apiarist

to control bee diseases#222 Summary police powers are employed as an addi­ tional enforcement technics#

The term 11summary power"

designates "administrative power to apply compulsion of force against person or property to effectuate a legal purpose* without a judicial warrant to authorize such action*118®0

Such powers exercised by the department in

the interests of public health to abate public miaanees are not broad in scope and are employed to destroy unsafe biological products; confiscate incorrect scales* weights and measures; and to enforce plant quarantines*

The

department does not possess any summary police power to seise and destroy adulterated foods* adulterated or impure milk and cream* or

articles in cold storage found

to be unfit for human consumption#2®^ Summary powers requiring the issuance by the department of an order proceeding the exercise of the power are exercised by the State Apiarist* the Division of Entomology* and the Division of Animal Industry#

Such

powers are generally more drastic in nature#2®2 The department is empowered to issue and enforoe a written "stop sales" order to the owner or possessor of any Igricultural seed wh eh violates the agricultural Seeds law#

The "stop sale" order prevents further sale of the

seed until the conditions specified in the order are

—ISAremedied*

The owner possesses the right to appeal from

the order to a court of competent jurisdiction for a judgment as to the justification of the order and for the release of the seed#

The department does not possess

summary power to destroy agricultural seeds#

Only the

courts* upon recommendation of the Secretary of Agricul­ ture* can order the seizure and destruction of such seeds* but destruction cannot take place until the owner has been given an opportunity to be heard by the court*253 Injunctions are utilized as enforcement techni­ ques particularly to restrain persons from operating hotels* restaurants* food establishments* or engaging in the production and sale of dairy products in violation of any provisions Of the statutes regulating such businesses* However, no injunction can be issued until the defendant has had at least five days notice of the application for the injunction and of the time fixed for the hearing#254 Businesses operating without license may be compelled by injunction to cease operations until one is secured*

The

injunction may also be used to restrain a person from operating his business after a third conviction for the same offense under the laws regulating pure food standards# weights An** measures* and establishing standards for other articles *235 The department Is empowered to issue subpoenas for witnesses# compel their attendance# and examine them .

-155under oath as means of enforcing the pure foods and related laws*256 A final and most extreme technique of enforce­ ment —

involving a greater degree of coercion —

is the

prosecution of offenders by the county attorneys or the Attorney-General of Iowa who are charged by law with as­ sisting in the enforcement of the laws administered by the Department of Agriculture#2®7

However* if the county

attorney refused to act* the Governor may* at his own discretion# appoint an attorney to represent the State#2®2 The department certifies to the proper county attorney the facts of any violations which are based on any analysis* examination# inspection or any additional Information secured by it#252

hi many instances the inspec­

tor in charge of an investigation files an information against the party when authorized to do so by the Secre­ tary of Agriculture#240

All offenses against the laws

administered by the Department of Agriculture are classed as misdemeanors and punishable by fines generally ranging from five to one hundred dollars and/or a maximum of thirty days In the county jail*24i The Personnel Factor Assuming the existence of reasonably good inspection laws* the inspection method of law enforcement Is likely to be of a caliber directly proportionate to the

-156* competence of the inspector® who do the work*

The impact

of the human factor upon the laws being erfcreed should not be underrated#

The inspectors must* more than anyone

else* "sell" to the public the program of the department* It Is the Inspector who must read understanding and sym­ pathy Into the general provisions of the legislative body* It is his job to fit these laws into the consciousness of the people affected by them and secure their trilling ob­ servance . As field representative of the department the inspector’s job is primarily to be of assistance to those affected by the laws#

The successful inspector is a "rare

combination of a salesman* an educator# and an artist in human relations*11242 The inspectors are sources of Informa­ tion as t o conditions In the field and the need for new legislation; they are the well trained eyes and ears of the department * The inspector of today is in reality a techni­ cian*

Ho longer should such positions be looked upon as

jobs for amateurs*

The vast expansion of government

regulation into fields long free of control has resulted in their increased importance#

They must be familiar with

the laws and rules of the department which are to be enforced# with all judicial decisions relating to these laws

rules# with the nature of the businesses or

activities which are to be inspected# and with the scope and nature of the power to be exercised.

The responsibility

-157for the success of the regulatory program demands well trained inspectors* The inspection staff of the Iowa Department of Agriculture is chosen by the Secretary of Agriculture and serves at his pleasure*

Ho career service exists#

The

general policy is to select as dairy and food inspectors men who have had some previous experience in dairy work#245 Ho other technical qualifications are imposed*

Inspectors

for the Division of Animal Industry are required by law to be licensed veterinarians * The inspection work of the Division of Entomology is handled by men with professional training in that field# Some effort is being made by the department to develop a professional group of inspectors*

All Inspectors

of the Division of Dairy and Food go through a two weeks training school*

Two or three days are spent in the office

to acquaint him with the various forms to be filled out# reports to be made# and the laws to be enforced.

For one

week the new appointee operates In his district under the supervision of the old inspector,

A second week* or more

if needed* of supervision under another inspector follows, In addition# four district conferences are held every fall#

A representative from the office goes over any new

laws and problems with the inspectors to gain uniformity of inspection#

A general review of the year’s work takes,

place at the annual four-day spring conference held in

-158Dob Moines#

Problems of each Inspector and improvements

to be achieved in the coming year are discussed#

Bi-weekly

service letters are sent to each inspector by the chief inspector*

Particular problems arising in any district

receive his immediate attention#244 Undoubtedly# personnel standards can be raised in many ways# but as long as the inspector Is a partis Ian appointee with his job depending to a great extent upon the political success or failure of the Secretary of Agriculture at the polls* there would appear to be limits to the deve­ lopment of a comprehensive and professional personnel program within the department# The practice of appointing political partisans prevails throughout Iowa government# Agriculture is no exception*

The Department of

It furnishes but one example

of the prevalent personnel policy in low* and other states# The waste involved* the effect upon the level and effici­ ency of the work of the department* and the development of a professional attitude Is discouraging# From 1923* until the end of 1932 when the Republican party was in power* a fairly stable inspection force was developed with most of the higher officials and inspectors of the Division of Dairy and Food serving continuously for a period of ten years#

The sweeping

upset in the election of 1932 brought the Democratic pa%ty into control of the Department of Agriculture for

-159a period of six years*

Although a few of the key men of

the Dairy and Food Division were retained for oft* or two years* the inspection force and the laboratory chemists were completely replaced by the new administration# During this six-year period* the inspectional staff of the division had. just settled down to a somewhat stabilized basis when the election in the fall of 1938 returned the Republican party to power*

And again the staff of the

Division of Dairy and Food was completely replaced by new appointees*.

Of these new appointees only about one-third

had been associated with the department during previous Republican administrations*

The remaining two-thirds were

entirely new to the department.245 It is seriously to be doubted if any administra­ tive agency can perform its work with a high degree of efficiency If it is frequently subjected to such sweeping personnel changes#

And this problem can assume major pro­

portions should the balance of political power between the two parties become more evenly balanced and result in more frequent changes in administrations*

The department’s

personnel policy is perhaps Its weakest point. Conclusion The Inspection function of the Department of Agriculture is without doubt the most important function performed by this State agency.

It requires most of the

-160time and energy of the employees of the d epa&tnxent * In the performance of this function the department comes into contact with the citizens of Iowa in both the rural and urban areas*

It is at this level that the laws administered

by the department are applied to the individual*

And

on

the whole* the record of the department is not discouraging*

-161-

Chapter VII THE PROMOTIONAL FUNCTIONS OF THE DEPARTMENT

There would seem to be a valid difference be­ tween the regulatory function® of licensing and inspections and the promotional functions carried on by the government. Regulatory functions of government are those which regulate activities of individuals*

Promotional activities of govern­

ment seek to encourage the development of some particular economic enterprise and thereby advance the general welfare* Government regulatory activities always carry the threat of the use of the police power of the State to compel certain actions on the part of the regulated*

Regulation is essen­

tially negative, to prevent certain specified things from being done or to punish violators; whereas promotion is positive, to encourage certain actions on the part of pri­ vate interests. On© of the declared purposes for the organiza­ tion of the new Department ofAgriculture is to "encour­ age, promote, and advance the interests of agriculture." Much of the licensing and inspection workof the depart­ ment Is indirectly, at least,promotional in nature.

It

helps to improve standards of livestock, of other agri­ cultural products, and business practices.

The sanitary

laws which a roly to creameries, the establishment of creart

—162grades, the control of contagious disease among cattle and the eradication of bovine tuberculosis are regulatory in nature and, to some extent, promote agricultural interests,* as well as protect the public health.

The licensing of egg

dealers and the grading of eggs not only protects the con­ sumer but promotes the egg Interests of Iowa. Any regulatory activity of government which es­ tablishes and enforces a set of minimum standards is al­ most certain to have some promotional effect upon the par­ ticular economic interest in question.

Thus, laws which

regulate Iowa’s agricultural interests to protect the pub­ lic health and welfare result in the establishments of some standards which in turn help to insure the quality of Iowa’s agricultural products, result in increased .sales which leads to increased production and greater profits. Certainly, in this respect, the activities of the Iowa Department of Agriculture have served to promote agricul­ tural Interests of Iowa* Considerable promotional activity In the nature of educational work is continually being carried on by the department*

Speakers are furnished for meetings of groups

actively interested in Iowa’s agricultural welfare.

The

department cooperates with the affiliated societies and or­ ganizations in this work.

It cooperates with the Iowa State

College of Agriculture and Mechanic Arts in educational work to promote agricultural progress.

Acting through its

agents, the department is continually urging the adoption of higher standards and of new and approved methods to in­ crease production and to facilitate better distribution. The annual agricultural year book contains considerable information of a promotional and educational nature. Two distinct promotional activities are carried on by the department in cooperation with the Iowa Butter Control Board and the Iowa Dairy Industry Commission.

The

Oleomargino Tax Law will be considered as a protective measure to promote Iowa’s Important dairy industry.

lbs Ism. S&UiS£ Control Board The manufacture of butter in Iowa has long proved a profitable and growing business.

In 1939, Iowa furnished

about 13 per cent of the total butter manufactured in the 248 United States. About three-fourths of all butter fat produced in Iowa is converted into butter by Iowa creameries, whereas the average for the entire nation is only approxl24q mately one-third. Butter manufactured in Iowa was valued at slightly less than seventy millions of dollars 250 in 1939* It Is no surprise that efforts have been made to protect this vital food industry. The Thirty-Sixth General Assembly nassed the first legislation especially designed to promote the butter Industry and to establish a trademark for Iowa

-164butter. 251

The passage of the law was, however, pre-

seeded by several years of agitation on the part of cream­ ery interests*

The movement to secure a trademark law was

begun by the dairy department of Iowa State College over thlry years ago when It conducted Its first butter Improve­ ment campaign*

It was later discussed by their dairy board

and finally efforts were begun to secure a trademark law from the General Assembly#

The Department of Agricul­

ture had been cooperating with the dairy department of the Iowa State College for some time to design plans for an Iowa butter trademark.

Professor Martin Mortonsen, pro­

fessor in dairying at the college, spent the summer of 1914 touring Denmark and Holland and returned with consid­ erable Useful data on the production of premium butter. ^53 The State butter trademark law was established for the purpose of, ’’insuring a high standard of excellence and quality, a more uniform butter market, a higher market value for the butter manufactured" in the state, and to in­ sure a more healthful product for consumption at home and abroad*"

The law describes the trademark and places

its use and regulation in charge of an executive committee of five members consisting of the president of the Iowa State Dairy Association, the president of the State Buttermaker’s Association, the Dean of the Division of Agriculture at the Iowa State College, the professor of dairying of the same institution, and the Commissioner of Dairy and Pood

,

-165who supervised the State inspection system at that time. The executive committee was empowered to issue rules and regulations governing the use, manufacture of, and the control of the State trademark.

All such rules

were to be published by means of bulletins issued by the State Dairy and Food Commissioner*

The commissioner was

instructed to Issue at actual cost the labels or stamps bearing the trademark to all creameries entitled to their use*

The executive committee was authorised to secure a

copyright for the trademark under the laws of the United States and to charge the costs to the State Dairy and Food Department*

Finally, the enactment declared it to be un­

lawful *for any person, firm, corporation, association, or individual to use the said trademark for butter on their products without first complying with all the rules and regulations prescribed by the said executive committee for the use of the same*" Plans to effectuate the law moved slowly during the first few years*

Considerable time and attention was

given to a study of the best methods of using tha trade­ mark*

Some difficulty was experienced In having the

trademark copyrighted*

Large numbers of creameries

evidenced little desire to improve their standards of Per­ formance as required by the rules adopted by the executive committee.

By the end of 1923, only twenty-one out of

- 156-

429 creameries in Iowa had qualified to use the State butter trademark.

In 1930, only twenty-seven cream258 eries had qualified and only thirty-one out of 488 creameries in 19^0. ^59 To help overcome the difficulties experienced

by the State brand creameries in disposing of their qual­ ity butter at premium prices, the Iowa State Brand Cream­ ery Association was organized in April, 1927.

However,

as early as 1925 interest was aroused in the proposition to establish a selling organization to serve the cream­ eries using the State butter trademark to enable them to take advantage of the brand name as well as the quality of the product.

Interest was also expressed in favor of

a "liberal amount of advertising to create an even better market for this butter."

This association was organiz­

ed as a cooperative marketing association and commenced business with only thirteen participating members and sales of less than 80,000 o:unda of butter a week. By 1938, this business increased to seventy-five creameries, 262 including the State brand creameries. Volume of sales increased from slightly over two million pounds of butter 265 a year iri 1928 to over nineteen million pounds in 1938. During the early years of the State butter trade­ mark creameries, difficulty was encountered in securing a copyright of the butter trademark owned by the State of Iowa.

The Unites States Patent Office refused to register it on the grounds that it was not owned by the user.

Because the

use of the State butter trademark could not be protected by law outside of Iowa, several out-of-state creameries used the trademark without having to adhere to the stand­ ards provided for it and enforced by the State.

In order

to protect the brand and to enable it to be registered in the United States Patent Office, the original law was amended In 1934, 264 The amendments to the law of 1915 made several changes of importance.

The executive committee became the

Iowa Butter Control Board but with the same membership as before.

The board was empowered to enforce this law and

to make all necessary rules and regulations.

Several re­

quirements were listed in the statute which each creamery had to meet in order to be granted the privilege to use the State butter trademark,

Whenever a creamery qualifies

by meeting the statute requirements and the rules of the Iowa Butter Control Board, the board issues the creamery a certificate which entitles it to be known as an "Iowa trademark creamery."

The certificate may be revoked by

the board for failure to maintain the standards establish­ ed by the law and the board.

All Iowa trademark creameries

are required by statute to become members of the Iowa Butter Trademark Association, a non-trading and non-profit

- 168-

sharing organization.

The ownership of the Iowa butter

trade-ark and the regulation of its use is vested in this association for the benefit of its members.

The Iowa

Butter Control Board, however, retains control over the manufacture and sale of all Iowa trademark butter. trademark stamps are issued by the board at cost.

The 265

The board is required to meet semi-annually in Ames in conjunction with the executive committee of the Iowa Trademark Association which acts as an advisory body to the board at such meetings.

The Department of

Agriculture la directly concerned with this particular promotional activity in two resoects,

As a member of the

Iowa Butter Control Board, the Secretary of Agriculture possesses a voice in its policy-making activities and in the establishment of rules,

In addition, the department

which administers the State dairy laws, enforces the pro­ visions of the butter trademark law and the rules establish­ ed by the board.

It publishes these rules and makes them

available to the public. All tool leant creameries are scored by the chief inspector of the Division of Dairy and Food, and two mem­ bers of the Iowa Butter Control Board.

A representative

from the dairy department of the State college scores the butter of the creamery.

The creamery itself Is scored again

and a report Is made to the board.

In addition, the depart-

- 169-

ment inspects State brand creameries to enforce the State sanitary laws, All aoolications for membership in the Iowa Butter Trademark Association are filed in writing in the office of the Secretary of Agriculture.

The secretary pre­

sents the application to the Iowa Butter Control Board which decides whether or not the creamery is eligible, and, if it is eligible, authorizes the Iowa Trademark Butter Asso­ ciation to issue a permit to the creamery to use the Iowa trademark.

The board bases its determination largely upon

the information presented with the application referred to it by the Secretary of Agriculture, The promotional activity of the Department of Agriculture in cooperation with the Iowa Butter Control Board amounts to a grant by the State, to those creameries meeting certain high standards, of a monopoly in the use of a trade name, protected and enforced by laws of Iowa largely administered by the Department of Agriculture,

Has. Iowa B&lo Industry Commission The first dairy Industry act, which was massed in 1939 and expired in December, 1940, established the ground­ work for the act now in effect.

This first act grew

out of pressure on the oart of Iowa dairy interests to have the State assume responsibility for financing and conducting an educational and advertising campaign for Iowa dairy ^ro-

i

ducts*

-170-

The dairy industry Itself seemed unwilling and un­

able to finance the plan* 268

The Dairy Industry Act of

19^1 provides an example of the use of the taxing power of the State to finance the promotional activities of the new­ ly established Iowa Dairy Industry Commission. The Iowa Dairy Industry Commission has a member­ ship of twelves the Secretary of Agriculture, the head of the Dairy Husbandry Department of Iowa State College, the head of the Dairy Industry Department of the same school (all ex-officio officers); and nine commissioners appointed by the Executive Committee of the Iowa State Dairy Associa­ tion*

The Board of Directors of the Iowa State Dairy Asso­

ciation nominates two milk or cream producers from each congressional district in Iowa to be commissioners and certifies its nominations to the Executive Committee of the Iowa State Dairy Association.

This committee appoints one

nominee from each district to serve as commissioner. , All vacancies are filled in the same manner.

Compensati n at

the rate of five dollars a day for each day snent in actual attendance of the commission*s meetings but not exceeding one hundred dollars a year is allowed the ao'olntive membere*

Subsistence and traveling expenses are also allowed. The commission is empowered to sleet such offi­

cers as it deems necessary and to adopt such rules, regu­ lations, and orders as will enable it to exercise it3 oower

27

and perform its functions.

These rules, regulations, and

orders possess the force and effect of law*

The commission

Is authorized to emoloy and discharge at its pleasure any employees such as attorneys, advertising counsel, and clerks and to fix their compensation.

It may establish

offices, incur expenses, and enter into contracts for the administration and oroper enforcement of the act.

It is

empowered to engage in scientific research “for the pur­ pose of developing and discovering the health, food, ther­ apeutic, dietetic, and Industrial uses for products of milk and its derivatives•H

It is empowered to make advertising

contracts to nromote the sale and consumption of dairy prov' •

ducts In Iowa and on a national basis*

The commission is

required to reoort alleged violations of the act to the Attorney General of Iowa and must allow the Board of Direc­ tors of the Iowa State Dairy Association, or Its representa­ tives, to audit its books* Broad powers to conduct an advertising campaign to promote the sale of dairy products, to engage in research and educational campaigns for the same purpose are granted. The commission is further authorized to disseminata infor­ mation relating to the use of dairy products, their impor­ tance as health foods, ways to meet the standards of State and Federal laws, the economic importance of the industry, the problems of the industry, and any additional informa-

tlon which will tend to promote increased consumption of dairy products and establish better understanding and 272 cooperation between the producer and consumer. For the nurpose of financing the activities of the commission, an excise tax of one cent a pound is levied on all butter fat produced in Iowa during the period June 1 to June 15 inclusive each year.

The tax is deducted

from the price charged by the producer and is collected by the first dealer unless the producer sells direct to retail trade or to out-of-state dealers, in which case the producer must report and pay the tax.

The commission can

require the producer to keep such records as it deems nec­ essary for the enforcement of the law, and its agents may examine the books of any company responsible for collecting this excise tax.

The money collected is deposited with the

bonded treasurer of the commission and not in the State Treasury. The act declares that the State of Iowa is not liable for the acts of the commission nor for its contracts*. All expenses and obligations incurred by the commission are limited to the funds collected by the special excise tax. All violations of the act are punishable as misdemeanors by a fin® not to exceed one hundred dollars or imprison­ ment not to exceed thirty days in the county jail.

The

county attorney conducts the persecution under the dlrec27^ tion and authority of the Attorney General of Iowa.

-173-

The commission is required to make an annual re­ port of its activities to the Board of Directors of the Iowa State Dairy Association.

The Department of Agricul­

ture is required to publish the report in the Iowa Year ffook of Agriculture. Department of Agriculture*

Office space is furnished by the An executive olerk and a

secretary are employed by the commission to assist it in it® work. The first year the law was in effect §94,418*90 was collected, and 192,585*20 was collected in 1940* 2®° These funds were utilised to pay administrative costs, and to finance the advertising and educational activities*

The

Iowa Dairy Industry Commission cooperates with the National Dairy Council in work of an educational nature and with the American Dairy Association in a national advertising pro­ gram*

In addition, the commission sponsors radio broad­

casts of basketball and football games, establishes sales exhibits and displays at fairs, supplies merchandising ser­ vice to retail outlets, and conducts advertising programs by newspaper and by radio. The Iowa Dairy Industry Commission presents the interesting picture of a semi-public agency entitled to collect a special excise tax and to expend those funds with­ out any'controls exercised by the State gjvermient.

It is

not required to deposit Its funds with the State Treasurer,

- 174-

to submit to an audit by the State Auditor, nor even to make annual reports to the Governor*

It does submit to an

audit and it does render an annual report but in each in­ stance it Is responsible only to a quasi-public organisa­ tion, the Iowa State Dairy Association, an affiliated or­ ganization of the Department of Agriculture*

The freedom

of the commission to perform such a new and unusual func­ tion of government is in direct contrast to most adminis­ trative agencies of the State government* The Iowa Dairy Industry Commission Act may give rise to a question of whether or not public funds are being appropriated for private purposes.

However, the answer

would appear to lie in the semi-public nature of the commission*

The statute does not term the commission a

public agency, nor refer to it as a corporation.

The

powers granted the commission would indicate it to be a corporation by Implication*

It would seem the commission

possesses characteristics of both a public and private agency— it is semi-public in nature.

From the standpoint

of public funds made available to the commission there would appear to be no fundamental difference between the excise tax which is collected by the commission and the outright State appropriations made to the affiliated agri­ cultural organizations*

In the latter the chief limitation

is in the amount appropriated by the legislature.

In the

former, the limitations are placed upon the oower of this

-175semi-public agency to tax.

Thus the amount it may tax,

whom It may tax, and the period during which it may tax are specified in the statute.

Both means limit the amount

of public funds available for such agencies.

Nor is the

credit of the State loaned to the commission which is for­ bidden to acquire any debts or obligations in excess of its reserves*

It is specifically stated in the act that the

State is not liable for any obligations of the commission* Nevertheless, a court teat of the constitutionality of the act should throw further light on the matter.

££& OXaotnaraln. 2&x The Oleomargine Tax Law of 1931 illustrates ano­ ther use of power of the State to tax for the protection • and promotion of a favored Industry.

However, the proce­

dures employed are conventional governmental arrangements. An inspection fee and excise

tax11 of five cents a pound

is levied upon all oleomargine sold in Iowa.

Tha tax is

paid prior to sale by means of tax stamps purchased from 282 the Secretary of Agriculture. The enforcement of this excise measure is a res­ ponsibility of the Department of Agriculture which is such authorized to make^rules and regulations relative to the handling of oleomargine and the stamp tax which the depart­ ment deems necessary.

All funds collected under this act

are transferred by the Secretary of Agriculture on the

- 176-

first day of each month to th© general fund of the State 28*5 Treasurer* Violations are punishable as misdemeanors. ^ Enacted as an "inspection and excise

tax/1the

primary purpose of the law Is to protect the dairy indus­ try and thereby promote Its interest and welfare.

In addi­

tion, the act serves as a revenue raising measure for the State*

The statute, as passed in 1931,was the outcome of a

four year campaign fought through three legislatures,

Ori­

ginally, a tax of one-half cent a pound was proposed, then one cent, and finally five cents a pound*

The 1931 Iowa

&>ar Book ££. Agriculture reports that the passage of the bill "was a great victory for the dairy industry, backed by practically all our agricultural associations,H ^84 Although regarded as a protective measure to promote the dairy Interests of Iowa, from the standpoint of administration, the oleomargine law is a revenue measure. As such it might well be transferred to the State Tax Commission. The several affiliated societies perform promo­ tional and oduoatlonal functions and should net be over­ looked as part of th© promotional effort of the department. They will be considered in a later chapter.

tonplua.io.M These examples of promotional activities carried on by the Department of Agriculture illustrate* several

-177-

points in the processes of government.

In every case, these

activities were undertaken hy the government only after strong, interested groups forced the State to engage in ac­ tivities designed to protect and to promote a basic agricul­ tural Interest.

They demonstrate the use of the taxing

power and the police power of the State to finance and en­ force laws which aim to promote agricultural interests. The Iowa Butter Control Board and the Iowa Dairy Industry Commission exemplify the old practice in Iowa government of establishing relatively independent quasi-public and semi-public bodies to perform functions public in nature. However, the fact that the Secretary of Agriculture is a member of each body does give an opportunity for these two agencies to cooperate intimately with th© Department of Agriculture to prevent needless duplication of work and to utilise the services of the department. The Iowa Butter Control Board and the Iowa Dairy Industry Commission are examples of the use of plural bodies to direct a function of government which impinges directly upon private property rights and is beyond the realm of routine administrative work.

In both cases, policies have

to be formulated which affect property rights and conflict­ ing views and interests which must be cornnromlsed. Finally, the promotional activities of the £>.» ?.rtment of Agriculture would appear to be secondary to the re­

-178-

gulatory functions for which It is responsible*

Where

promotion of some economic interest is provided for by a specific ^lan# the authority to carry th© plan out Is vested in a relatively independent plural body, not the Department of Agriculture*

The department *s function in

relation to the Iowa Butter Control Board and the Iowa Dairy Industry Commission is largely clerical and advisory, although the Secretary of Agriculture is a member of each body and does have a voice in the determination of the policies of th© two bodies*

The department's intimate

knowledge of administrative problems in relation to Iowa agricultural interests should, undoubtedly, be valuable to these two agencies*

Perhaps too often government is con­

ceived to be a policeman enforcing laws, issuing orders, and regulating the lives of the members of the community. Whereas actually, on every hand, government renders ser­ vices to its citisens and utilises its powers and authori­ ty to promote the economic welfare of the community. The experience of the Department of Agriculture would Indicate that promotional functions can be well oerformed by a plural-headed agency acting in close coopera­ tion with a regular governmental administrative depart­ ment upon which it relies for services and advice.

The

board (or commission) at the head of the agency would appear to function adequately as a policy-making body, dele­

-179-

gating oure administrative matters to Its appointees or to other regular governmental agencies*

Not to be Ignored

either is the practice of making the Secretary of Agricul­ ture a member of such boards*

The breadth of his experience

is made available to the agency and a close coooerative spirit can be erected*

This has worked successfully in

Iowa* Employment of semi-public agencies to carry on promotional funotlons is suggested by practice in Iowa as a useful technique*

A strictly promotional agency must

meet problems requiring more freedom of action than that possessed by an ordinary government agency* Providing such agencies with a partly public and partly private nature in­ creases their scope of action and freedom to act in a manner thought best to cope with particular problems*

Suoh organi­

sations are akin to public corporations, and indeed, do resemble In many ways various Federal public corporations. Governmental promotional activities would seem to be best performed by an agency possessing wide powers and headed by a board, but working in close cooperation with regular ad­ ministrative agencies of government*

Chapter VIII THE SUPERVISORY FUNCTIONS OF THE DS?AHT'*3NT

The Department of Agriculture ia responsible for the supervision of all farmers1 institutes, short courses, and poultry shows which apply for State aid to help finance their activities.

All farmers1 institutes must

meet several conditions in order to be eligible for State aid,

An institute must have a membership of at least forty

farmers of the county and must elect a president, secretary, treasurer and an executive committee of not less than three members to conduct its business affairs.

It must hold at

least two meetings a year relating to agriculture.

State

funds cannot be used to compensate any officer of the in­ stitute for his services.

The maximum grant to any one

county Is seventy~flve dollars.

If more than one institute

within a county qualifies for State aid, the allotment to each county must be equally divided.

However, not more

than three farmers* institutes can qualify in any one year,286 Organizations sponsoring short courses in agricul­ ture and domestic science must conform to similar statu­ tory requirements in order to be eligible for State aid. At least one hundred citizens of the county must be members. Membership is open to all on an equal "niseis upon payment* of

- 181-

a membership fee of at least twenty-five cents and not more than one dollar a year.

The organization must elect

a president, secretary, treasurer, and an executive committee of at least five members.

State aid cannot exceed six hun­

dred dollars in any one county, or 80 percent of the total cash premiums paid by the organization.

If no farmers* in­

stitutes are held in the county, State aid for such insti­ tutes is available to the short course*

Organizations

offering short courses are not entitled to State aid if a county fair which receives such aid is held during the year. County, district, and State poultry associations are entitled to State financial aid upon compliance with specific conditions established by law*

A county poultry

association must be composed of at least fifteen poultry raisers or dealers residing In the county. ooen to all on the same basis*

Membership is

A membership fee of not

less than twenty-five cents nor more than one dollar must be charged each member*

A president, secretary, treasurer,

and a board of directors of at least three members other than the officers must be elected*

The association must

have a cash income and total expenditures of at least one hundred dollars exclusive of State funds* must extend over at least two days.

Poultry shows

The maximum amount of

State aid available to any county ooultry association is one hundred dollars.

However, if more than one association

- 182-

la eligible to State aid, the amount available is divided among them*

288

Counties which do not have county poultry shows may affiliate to receive State funds for a district show* Each county must organize a county association and the officers of these associations must meet together to choose officers to direct the district show.

The district show

then receives State aid equivalent to the amount that each cooperating county association would be entitled.

A

State-wide poultry show managed by the officers of the coun­ ty association of the county in which the State-wide show Is to be held is entitled to State aid of not more than five hundred dollars.

Saoh county poultry association entitled

to State aid may send a delegate to the convention held at each State-wide poultry show.

This convention determines

the location of the next show.2^^ The supervision exercised by the department over farmers' Institutes, short courses, and poultry shows is ministerial.

Each such organization is required by statute

to notify the department on certain dates of its intention 200

to function under the law. "

In addition, each organiza­

tion is required to submit by June 1 a complete and detailed statement of its activities, compliance with the statutory provisions, expenditures, and other information requested by the depart cent These annual reports are reviewed by the Secret --y

of Agriculture;

If found to meet the statutory require­

ments, they are certified to the State Comptroller for pay­ ment of State aid 'in the amount determined by the secretary, pep but not exceeding the maximum fixed in the statute. Supervisory control over the 4-H dairy calf club exposition is of the same nature.2^ The secretary can refuse to certify the associa­ tion to the State Comptroller if adequate information, in his judgment, Is not given; if requirements of the statute are not fulfilled; or If expenditures are made which are not bona fide in the judgment of tho secretary.

However,

refusal to certify seldom occurs* State funds are paid by warrant to the governing body of the organisation which is responsible for. its pro­ per disbursement except in the case of farmers1 Institutes. The warrant is deposited with tho treasurer of the county in which the farmers* institute is held.

The county treasur­

er establishes a farmers* institute fund from which no ex­ penditures can be made except by written authorization approved by a majority of the members of its executive 204 committee*. The importance of the farmers* institutes, short oourses, and poultry shows would seem to far outweigh their cost to the State of Iowa.

Sach such institute or show is

organized and managed by local people largely on their own initiative and without compensation.

Their function is

- 184-

educational*

In many ways they are miniature fairs and

in many inatanoes have proven to be the foundation for the growth of county fairs and shows which are not only educa­ tional in nature, but advertise the agricultural progress of the area and the State as a whole State grants to farmers* institutes, poultry shows and short courses amount to only a small share of the money expended in such efforts,

The local groups sponsor­

ing these educational and promotional activities contri­ bute on an average of more than twice as much as provided by State grants.

The figures for tho fiscal year 1938-1939 296 Illustrate this point: Number of Farmare’ institutes 82 Poultry shows 24 Short courses 30 Totals 136

Amount of State grants 64,335.00 2,550.00 12,141.06 19,026.06

Raised by the local assoc. §22,186.72 7,652.62 25,752.64 55.591.98

Total

§26,521.72 10,202.62 37,823.70 74,618.04

A slight degree of supervisory control is exercised by the Department of Agriculture over farm aid associations organized under the Farm Aid Associations Act of 1913

207

(as

amended) for the purpose of "improving and advancing agricul208 ture, domestic science, animal husbandry, and horticulture," Such associations may be incorporated by filing articles of incorporation with the county recorder sighed by at least ten farmers, landowners, or other businessmen of the coun­ ty,2"

The usual rights and obligations of corporations

-185pertain to them*^00 Farm aid associations incorporated under this act are authorized to establish agricultural schools, em­ ploy teachers, offer prizes, hold real and personal proper­ ty, and do any thing "necessary, aporopriate, and convenient" to their p u r p o s e A s s o c i a t i o n s with memberships, of at least two hundred members; at least one thousand dollars in their treasuries; and organized to cooperate with the United States Department of Agriculture, the Iowa Depart­ ment of Agriculture, and the Iowa State College of Agricul­ ture and Mechanic Arts are entitled to receive public funds from county boards of supervisors*

The county board must

appropriate twice the total amount of the association’s dues and pledges, but not exceeding five thousand dollars In counties with a population of twenty-five thousand or over, nor over three thousand dollars for counties with a population of less than twenty-five thousand inhabitants#-*02 A complete report of income and expenditures must be filed with the county auditor by the first Monday in January#

A copy of this report, with such additional infor­

mation as may be required, must also be filed with the De­ partment of Agriculture and the Iowa State College of Agri­ culture and Mechanic Arts*

Books and records of the asso­

ciation may be Inspected by the department and the county board of supervisors at any tlrae#^0^ Other than the right to inspect books of such

- 186-

societies and to receive a copy of the society’s annual report, the department has no further control over such societies.

Control is shared with the county board of sup­

ervisors which makes the appropriation to the association and which may audit its books.

Actually, the supervisory

function performed in this Instance is of a routine nature. Nevertheless, adequate power would seem to be present if the need arose for its use, or if the department or the oounty chose to exercise a more positive supervision.

Such, how­

ever, is not the general practice. As public funds are available to such semi-private associations it would seem that their books ought to be Sub­ ject to audit by a representative of the State Auditor’s office.

The Department of Agrieulture Is not equipped to

perform properly such auditing nor is such a function.within the proper realm of the department’s activities.

The exist­

ing connection with the Iowa State College of Agriculture and Mechanic Arts might well be strengthened in order to give closer cooperation between such associations and the college in all educational matters. The supervisory function of the Department of Agri­ culture relates largely to the activities of the several farmers’ institutes, short courses, and poultry shows. Supervision over the affiliated societies will be considered in the following chapter.

The responsibility of the depart­

ment extends only to the determination of the eligibility of

- 187-

these various associations to receive State financial is determined grants. Their eligibility on the basis of the annual reporta submitted to the department.

This function is large­

ly ministerial in nature as little or no discretion is exer­ cised,

If the association meets all the requirements of the

law, the department has no alternative but to certify to the State Comptroller that the association Is eligible for State aid. There would seem to be good reasons for trans­ ferring the department^ supervision of these educational groups to the Iowa State College,

The Department of Agri­

culture is primarily a regulatory and enforcement agency. The bulk of its work is concerned with licensing, inspections and maintenance of certain standards —

all regulatory in

i

nature.

The strictly promotional, developmental, and edu­

cational work of th© department is of considerably less im­ portance,

Certainly the wisdom of ©lacing such educational

functions as farmers1 institutes and short courses in a regulatory department is seriously to be questioned.

From

the standpoint of good functional Integration of governmen­ tal services the supervision, direction and co-ordination of these institutes should be the responsibility of the Iowa State College of Agriculture and Mechanic Arts.^0^ At best, only a slight degree of suoervlsory control is exercised by the de^artnent over these many local

- 188-

organizations*

It is of a ministerial character*

appreciable degree of discretion is exercised*

No

Perhaps,

of more Importance are the service© rendered by the depart­ ment to these organizations, and assistance from it. by the department,

They may and do secure advice

Speakers are frequently furnished

Futhermore, these groups give the depart

aent opportunity to present its viewpoint and to secure the! support for the department’s activities#

Despite the minis­

terial nature of the department’s supervisory functions, its very existence does give some feeling of responsibility on the part of these associations to the State*

As long as

State aid is of minor importance it is to be doubted if more stringent supervision will be exercised#

-189Chapter IX THS SEUI-HJBLIC ORGANIZATIONS AFFILIATED WITH THE DfifARTV.SNT

Affiliated with the Iowa State Department of Agri­ culture are six semi-public agricultural organizations; the State Horticultural Society, the State Dairy Association, the Iowa Beef Producer’s Association, the Iowa C o m and Small Grain Growers Association, the Horse and Mule Breeders Asso­ ciation, and the Iowa Swine Producers Association#

The hor­

ticultural society flfst received State recognition, encouragement, and financial aid in 1872,

^ the dairy association

in 1909,^°^ the beef producers association in 1911,^°^ the c o m and small grain growers association in 1917,?°® the horse and mule breeders association in 1927,^" and the 310 swine producers association in 1937. These associations are quite similar in nature, ourpose, and organization to the old Iowa State Agricultural Society.

They now occupy

a semi-public position. Each of the legislative enactments recognizing, encouraging, and giving financial aid these agricultural or­ ganizations stipulates certain conditions which must be met before the association is entitled to receive State funds. A membership of five hundred or more must be maintained. Reports must be filed every year with the Secretary of Agri­ culture concerning the activities, o fleers, expenditures,

- 190-

and any other Information requested by the department. The Secretary of Agriculture is, by legislative enactment, a member of the executive committee of each association. Representatives of the Iowa State College of Agriculture and Mechanic Arts also sit on the executive committee*

To

be eligible for State financial aid, the organizations are required to perform particular functions and activities as specified in the statutes,^**

The Secretary of Agriculture

is also a member of the Board of Directors .of the State Horticultural Society which consists of several associations sponsoring particular horticultural interests*^12 By administrative practice the State Comptroller requires that all expenditures of State grants made by affiliated organizations first be approved by the Secre­ tary of Agriculture before the claim will be allowed****** Thus, by legislative restrictions, legislative requirements, and State financial aid, private organizations assume a semi-public nature in the performance of particular functions approved by the General Assembly. The affiliated organizations are largely educa­ tional and promotional in nature. common to trade associations.

They perform activities

Most of. their work relates

directly to their members and others who are interested. These associations cooperate with the extension service of the State College, the United States Department of Agricul­ ture, and the Iowa Department of Agriculture.

Considerable

-191-

work Is performed which cannot be done by the extension service*

Educational and promotional work of the associa­

tions generally Include services which are more than edu­ cational#

For example, the field man for the Iowa Beef

Producers Association assists with 4-H club work, es­ pecially in the selection of calves and the marketing of the finished baby beef.

The Iowa State Dairy Association

field man spends considerable time organizing calf clubs and promoting 4-H dairy club work.

The field men, or

secretaries, also attend meetings of interest and value to their association; act as judges at fairs, assist in putting on programs, as well as countless other services,***^ Supervisory control is exercised by the depart­ ment over the affiliated organizations.

The Secretary of

Agriculture, as a member of their governing boards, has some influence and check upon their activities.

In addl^

tion, the secretary exercises some degree of supervision over their financial activities and administers the pro­ visions of th® statutes relating to State aid to these o r g a n ! z a t i o n s A n n u a l reports must be submitted to the secretary who determines whether or not the organizations meet the conditions stipulated in the statutes,

The secre­

tary must approve all expenditures from State funds appro­ priated to these organizations*

The secretary can refuse

to approve an expenditure which,in his Judgment, is not in

-192harmony with the broad purpose of the statute* dom occurs.

This sel­

Approval is of a routine nature.

The Secretary of Agriculture performs Important advisory service to the affiliated organizations.

By vir­

tue of his membership on their executive committees, the secretary is in an excellent position to advise these or­ ganizations, aid them in planning their activities, secure their cooperation, and open the experience, facilities, and cooperation of the department to them.

As a result, much

of their educational, promotional, and developmental acti­ vities supports and supplements the work of the deoartment* One further important relationship exists between the affiliated organizations and the Department of Agricul­ ture#

Many of them serve, to some extent, as informal ad­

visory boards to the Secretary of Agriculture in legisla­ tive matters. by statute#

This advisory function is not orovided for It is a development based on usuage.

The de­

partment has been accustomed to consider the viewpoints of these organizations on all matters affecting Iowa’s agri­ cultural interests*

This advisory function has developed

to the point where the different livestock associations which receive State appropriations have formed a live­ stock council consisting of the president and secretary of each association.

Before the General Assembly convenes,

the livestock council meets with the Secretary of Agricul­ ture to discuss, consider, and advise on proposed

legislation affecting agriculture#^*^ The value of advisory hoards in the field of agri­ culture should not he under-estimated*

A well organized

administrative agency must have its finger on the public pulse*

Advisory boards can serve in this useful capacity to

keep the administrative agency informed of public opinion* Complaints against activities of the department, against discrimination, or undue harshness of the enforcement machin­ ery can be more readily expressed through advisory boards* Proposed legislation can be submitted to them for their consideration and suggestions*

Legislation to be effective

must be acceptable to the people.

Advisory board® should

help to keep the secretary informed on what legislation is acceptable to those concerned.517 Further utilization of the affiliated organiza­ tions as advisory bodies to the Secretary of Agriculture might be hindered by their very nature*

Their officers

are not responsible to the public, and their loyalty is likely to be first to their own group and to the public secondarily.

Advisory boards, representing interests

still viewed as more or less private, to advise public officers are questionable*

Furthermore, each organization

is primarily concerned with one particular aspect of agri­ cultural promotion and development*

The formation of the

livestock council is a step to eliminate this shortcoming*

-194-

As long as these affiliated organizations are rendering some advisory services to the department, the development of this function should be encouraged*

Thus the pattern

of the livestock Council might be followed by legislative creation of a general advisory board representing all of ttye affiliated agricultural organizations.

It is to be hoped

that this general advisory board would be used continuously to advise the Secretary of Agriculture on problems affect­ ing agriculture.

Such an advisory body could be establish­

ed without legislative enactment, although it would not be a public agency in the fullest sense* The development of these affiliated organizations . as advisory bodies might be further stimulated if the power to approve their expenditures was removed from the depart­ ment and perhaps shifted to the State College.

It would

seem that no advisory board should be in any way subject to administrative controls wielded by an administrator with whom the board advises.

The members should be as free as

possible from any such pressures.

As promotional and educa­

tional organizations, the affiliated societies are of value to the department.

But as machinery for supplying advisory

bodies on agriculture, they would seem to have an even great­ er function to perform*

Further experimentation along these

lines is necessary and may prove fruitful. The policy of granting State aid to somi-public

• 195-

bodies should be considered. ed policy in Iowa#

This Is an old and establish-

The State Agriculture Society was

granted State financial assistance as early as 1857i County fair associations have long enjoyed the oatronage of the public treasury*

Farmers1 Institutes, short courses,

and poultry shows, the State Fair, as well as the present affiliated societies are granted public funds*

However, If

State funds are granted to semi-public organizations, it is essential that adequate provisions be established by law to provide some measure of control over the prooer expenditures of such funds* established.

Some reasonably safe controls have been Provisions, however, for State audit of the

records of these.affiliated societies should be establish­ ed. The relationship between the Department of Agri­ culture and Its affiliated organizations is unique because a two-way flow of advice has developed and proven useful to all concerned.

Thus, the Secretary of Agriculture ad­

vises on plans, programs, and policies*

They in turn advise

the secretary on agricultural problems and keep him inform­ ed of public opinion In relation to agricultural matters. Possessing greater freedom of action than the Department of Agriculture, the affiliated organizations oerform education­ al, promotional, and developmental functions which suoplement the work of the department.

They rely upon the depart­

ment for more technical services.

This relationship places

-196-*

the department Into close contact with organized groups, interested in and promoting agriculture*

Out of these

mutual relationships •» each performing functions of value to the other has grown strong bonds of cooperation.

This

unique situation suggests possible value to be found in bringing lay groups into more direct participation in the administrative processes,of government. afford to lose contact with the public.

Ko department can

-197* Chapter X COOPERATION WITH THE UNITED STATES DEPARTMENT 0? AGRICULTURE

The stated theory of American federalism as it refers to the distribution of powers^between the National and the various Sta*e governments often leads to the idea that the National and State governments are rivals for power*

’ While this argument goes on, they have found it

expedient to develop cooperative action for administering common problems* msnt.

Several forces have impelled this develop

Cooperative relationships in the field of concurrent

powers aid in the elimination of duplicating effort and con­ flicting jurisdictional problems*

Cooperative relationships

also are necessary to eliminate governmental "no-man's land”, the bane of a federal system*

Economic factors undoubtedly

have stimulated cooperation between the State and Federal governments*

Where one level of government may be financial­

ly unable to assume the burden of a particular function, the other can and often assumes the financial burden, supply leadership, and coordinate plans*

Where competition between

states may be cut-throat in nature, the establishment of a Federal-state cooperative relationship relieves the fear of keen competitive action on the oart of other states and es­ tablishes minimum legislative and administrative standards below which no state can fall*^1®

-198-

The acope of possible Federal-state cooperation is as broad as the entire field of Federal and state action. This chapter attempts to demonstrate the many cooperative re­ lationships which exist between, the Iowa Department of Agri­ culture and the United States Department of Agriculture, and which can be classified to give a clearer picture of the ex­ tent to which cooperation has developed.

IntQX&M, Cooperation Cooperation of an informal sort is common to the Federal and State agriculture departments,

Personal con­

tacts between officials of the de artm3nt are frequent*

Con­

ferences are held to discuss mutual problems, to consider plans and programs, and to eliminate conflicts or misunder­ standings,

These informal and almost intangible forms of co­

operation exist aide by side with more formal means and often are utilized to clarify and to carry out provisions of formal agreements*

Such informal cooperation may take the form of

securing advice from the Federal agricultural bureaus, or the temporary loan of personnel or equipment to aid in some emer­ gency program of crop nest control or the like.

Formal Agreements % The Division of Weather and the Division of Agricultural Statistics Formal agreements, or contracts, comoose a second

type of cooperative arrangement • Moat such agreements between the Federal department and the Iowa Department of Agriculture have been written agreements.

When conditions

of cooperation are likely to remain stabilized for a oeriod of time and definite understandings are to be reached de­ fining the responsibilities of each party, written agroements have proven moat useful.

The various agreements be­

tween the Iowa Division of Animal Industry and the Federal bureau; the Division of Entomology and the Federal Bureau of Entomology and Plant Quarantine; and the Dairy and Food Division and the Agricultural Marketing Service are all written agreements stating the responsibilities and obli­ gations of each party*

These agreements almost assume the

nature of a contract in which one agency contracts to per­ form a service for another in exchange for certain consider­ ations,

Such would seem to be the case of the Iowa Divi­

sion of Weather and the Division of Agricultural Statistics. The Iowa Weather Service, established in 1878, presents an early example of cooperation between Federal and State agencies for the provision of services of benefit to Iowa farm interests.

In 1890, the Iowa Weather Service was

replaced by the Weather and Crop Service under the supervi­ sion of the Iowa State Agricultural Society.

The Board of

Directors of the society recommended the director to the Governor for appointment.

The law provided further that the

assistant director was to be an officer of the United States

- 200-

Signal Service appointed by the Chief Signal Officer. A significant step in the field of Federal-State cooperation was taken in 1921 when the Iowa Weather and Crop Service Bureau was established in place of the Weather and Crop Service.

The director of the bureau, appointed by

the Governor, had to be an officer of the United States Weather Bureau, "if one he detailed for that purpose.*521 The Iowa Weather and Crop Service Bureau was placed under the control of the reorganized Deoartment of Agriculture in 1923*

The manner of appointment of the director was not

changed.

Until 1937, this bureau cooperated with the United

States Weather Bureau and the Division of Crop and Live Stock Estimates of the Bureau of Agricultural Economics of the United States Department of Agriculture.

The Forty-Seventh

General Assembly abolished the Iowa Weather and Crop Service Bureau and established the Division of Weather and the Divi­ sion of Agricultural Statistics of the Iowa Department of Agriculture,

Each division is required by statute to work

in close cooperation with the corresponding Federal agencies to avoid State duplication of existing Federal functions. On July 1, 1937* a cooperative agreement was signed by the Iowa Department of Agriculture and the United States Weather Bureau which placed the State Weather Divi­ sion under the direction of the Federal bureau and coordi­ nated the services and resources of the two offices.

This

—

201—

cooperative agreement regulates the clim&tologic&l, Phono­ logical, weather, and crop reporting services of the State of Iowa and the United States government * The Federal bureau agrees to maintain a field office in Des Moines and to furnish a tra.ined meteorologist to supervise the activi­ ties of the cooperative agency*

The Federal meteorologist

conducts and supervises all such work which the Iowa Depart­ ment of Agriculture is required by law to perform.

The

United States Weather Bureau further agrees to furnish crop news and digests for the Iowa department and to make all reports available to it#

Stationery, supplies, equip­

ment, travel funds necessary to carry on the regular work of the office, and United States penalty envelopes (for use of reporting weather stations In Iowa) are furnished by the Federal bureau* In addition, the Federal agenoy agrees to furnish office space, telephone, utilities, and janitor service for the bureau*

Research in crop phenology for the benefit of

Iowa fanners must be conducted by the Federal meteorologist. It Is specifically stated in the written agreement that the Federal meteorologist is responsible to the United States Weather Bureau for the conduct of the office in an efficient and satisfactory manner.

However, the meteorologist is em-

pected to perform carefully all the work done for the State department.

All project employees paid from State funds are

selected by the Federal meteorologist with the approval of

-

202-

the Stats Secretary of Agriculture.

Collaborating employees

may be appointed with or without compensation. The Iowa Department of Agriculture agrees to appoint and recognize the federal meteorologist as director of the State Division of Weather.

Furthermore, it agrees to

provide funds (as annually determined by the two parties) to help defray the expenses of maintaining weather stations; gathering and compiling of meteorological, climatoioglcal, and phonological data; publishing of weekly weather and crop reports; and any other special help that may be needed from time to time.

The cooperative nature of the project is fur­

ther emphasized by the agreement that both parties are to be given credit on all publications issued by the cooperating agencies,^23 Under the general’terms of this cooperative agree­ ment, the State of Iowa appropriates ®5,000 a year^2^ as its share of the expenses of the project.

This appropriation is

expended largely for salaries for clerks engaged in Prepar­ ing the weather and crop reports as required by State law.325 The total Federal appropriation for salaries and maintenance of its weather functions in Iowa is approximately *150,000 annually.

The director of the Weather Division is a public

officer of the State of Iowa but receives no comoensation from State appropriations. Federal funds.

His full salary is supplied by

The agreement is extended from year to year

merely by both parties signing a "confirmation of agreement."

- 203-

Amendments may be made by attaching conditions to the original agreement with the consent of both mrties.

Agree­

ments are terminated by the withdrawal of one of the cooperating parties*^ The original agreement was made with the Federal Department of Agriculture but since 1940 when the Weather Bureau was transferred to the United States Department of Commerce9 confirmations are made with that agency*

Thus,

the Iowa Department of Agriculture now cooperates with two Federal departments*

Bo difficulties have arisen*

This

experience may suggest the feasibility of further agreements with other department® as the need arises. A similar cooperative agreement was eigned July 1, 1937* by the United States Bureau of Agricultural Economics and the Division of Agricultural Statistics of the Iowa De­ partment of Agriculture*

The terms of the agreement are

almost identical with those stipulated in the cooperative agreement with the Iowa Weather Divislon.^2^ By the terms of this agreement, the agricultural statistician of the Des Moines office of the Federal Bureau of Agricultural Economics la appointed as director of the Division of Agricultural Statistics*

The director is a

public officer of the State of Iowa as well as of the Feder­ al government.

However, only a nominal portion of his sala­

ry is defrayed out of State f u n d s . A s director of the

«*

-

204-

State division, the Federal agricultural statistician is responsible for the garherlng,.compilation and preparation of all statistics and estimates relating to crops and live­ stock In Iowa.

Aided by crop statisticians appointed by the

director with the approval of the Secretary of Agriculture, the director tabulates, compiles, and prepares for publica­ tion the county assessors.1 annual farm statistics, report. The State Department of Agriculture agrees not to publish any quantitative estimates of farm production of crops or livestock unless such statistics are prepared by or approved by the Federal agricultural statistician in the capacity of director of the Division of Agricultural Statistics.

The

State of Iowa appropriates §5,000 annually which is utilized to defray salaries of crop statisticians and a nominal por­ tion of the director’s salary.^2^

The Federal government

furnishes about $45,000 a year.^30 This agreement was amended effective July 1, 1939, to provide for the collection, summarising, and publishing of data relating to the dairy products Industry of Iowa* The Federal bureau agrees to furnish the necessary supplies for the project, to maintain an up-to-date mailing list of all dairy olants and firms in Iowa, summarise such informa­ tion, and make it available to the Iowa Department of Agri­ culture.

The latter agrees to obtain periodical reports

from manufacturers and handlers of dairy products in Iowa,

-205and to assist in any necessary follow-up work to complete the ro-orts,^ These cooperative arrangements also exemplify Joint use of personnel by the State and Federal governments, based on Joint appointment and recommendation*

The direc­

tor of the Weather Division and the director of the Divi­ sion of Agricultural Statistics are State-Federal officers. The actual share of responsibility assumed by each of the cooperating groups appears to be determined largely by the bargaining nower of the agencies. The employees of each of these-two divisions, appointed by the directors subject to the approval of the Iowa Secretary of Agriculture, are State employees paid from State funds.

In addition, thoy would apnear to be

Federal collaborators as they frequently are subject to rulings of the Federal d e p a r t m e n t . T h u s , the memoran­ dum of agreement between the Bureau of Agricultural Economics and the Iowa Department of Agriculture states that all em­ ployees appointed by the director with the approval of the State Secretary of Agriculture are collaborators and are subject to the provisions and oenaltles of Federal laws re­ lating to the safeguarding of crop and livestock informa­ tion for publication.

The directors of the two divisions,

as Federal employees, are subject to Federal civil service rules. The cooperative agreements signed by the leather

Division and the Division of Agricultural Statistics are almost of the nature of contracts whereby the corresponding Federal agencies agree, in consideration of some remunera­ tion, to furnish certain services to the Xowa Department of Agriculture*

Such agreements generally Include the legal

authority for action, reasons for the agreement, objectives of, responsibilities and duties of each party, provisions for division of costs, effective dates of the agreement, provisions for amendment, and termination of the agreement. These cooperative arrangements are closely related to Federal grante-in-ald.

However, the significant difference

lies In the fact that funds for the projects are not givon to the State but are expended by the Federal agency*

Instead

of receiving Federal funds to help carry on these services* the State of Iowa receives services which are rendered to it at less than cost*

Thus, the statistical functions of the

Iowa Department of Agriculture are performed in close coooeratlon with corresponding Federal agencies to eliminate duplication and overlapping activities.

Federal Grants-ln-Ald Federal grants-in-ald are a most effective means of Federal-state cooperation.

By this means, the Federal

government provides funds to State agencies to ^erforra specific functions according to ^articular standards approv­ ed by both parties.

Srants-in-aid may be viewed as

administrative devices to secure the cooperation of State agencies in functions which directly affect the public wel­ fare and safety of the entire nation.

Many of the problems

of agriculture are national in scope.

The elimination of

Bang's disease is essential to the protection of public health and the private property of others,

Such diseases

do not recognize State political boundaries. attacked best on a national basis.

They can be

This has been recogniz­

ed and Federal legislation was demanded and secured.

Instead

of the Federal government entering into the field with little or no consideration of State efforts and duplicating their work, grants-in-aid are utilized to develop coordinated programs,r Federal grants-ln-aid have encouraged States to appropriate more adequate funds to pay compensation to owners of cattle infected with tuberculosis and Bang's disease.

The expert services of Federal technicians and

laboratory facilities are made available.

Leadership on a

national basis is furnished by the Federal bureau and the efforts of the several states are coordinated Into a reasonably coherent and effective

rogracu

In order to

take advantage of Federal grants-ln-aid, the General Assem­ bly of Iowa enacted a law in 1937 providing State funds to match Federal grants, and authorized the Department of Agriculture to cooperate with the Federal government to eradicate Bang's disease.^34

samo cteneral Assembly

-208appropriated §100,000 as the State's share of the coopera­ tive program*

In addition, each county wa3 authorized to

levy a tax for indemnities and other expenses of carrying 335 out the intent and purpose of this law* The proceeding arrangement demonstrates the cooperation of three levels of government in a common pro­ gram in which the Federal and State agencies supply skilled men and funds, and the counties supply additional funds* The Iowa Department of Agriculture acta also as a coordinat­ ing agency, as well as a supervisory agency over county Bang's disease eradication funds.

Grants-in-ald have been

utilized to control bovine tuberculosis and various plant diseases.336

I n t g r g e o e a t o t Law

MalalftttaUan Federal-State cooperation in the nature of Inter­ dependent law exemplifies another type of cooperative rela­ tionship existing between the Iowa Department of Agriculture and the United States Department of Agriculture*

Thus Federal

action may be contingent upon the action of the State or the State may effectuate its law and programs through Federal action*

It is the latter —

Federal action —

State action contingent upon

which characterizes many of cooperative re­

lations of the Iowa department with the Federal Department of

Agriculture. On© example of cooperative action through inter­ dependent law and administration is furnished by the Iowa statute which requires all applicants for a State rermlt to manufacture biological products in Iowa to possess a Federal license issued by the United States Department of Agriculture, If such a manufacturer ceases to hold a Federal license, the State, permit is automatically revoked.

Furthermore, no bio­

logical products can be sold In Iowa unless produced in a plant licensed by the Federal agriculture department,'5^ Veterlnarys appointed by the Iowa Department of Agriculture to enforce the bovine tuberculosis eradication law must have passed an examination devised by the State and Federal departments* and be authorized to make tests under "uniform methods and rules governing accredited herd work** which 'X'ZQ are approved by the Federal department Kany other examples of interdependent law or contingent legislation exist, The Secretary of Agriculture is authorized to es­ tablish standards for foods when such standards are not fixed by law.

However, such standards must conform to those 33° established by the United States Department of Agriculture, '

Accordingly, the department has adopted many of the food standards established by the Federal de artment as standards 340 for Iowa, Oleomargine so d in Iowa must conf.rm to the

-210341 package regulations established by the Federal government. By administrative ruling, the Secretary of Agriculture has approved certain coal-tar colors for use in ooloring foods. The approved, list is the same as those approved by the United 342 States Department of Agriculture. The standards for weights and measures in Iowa which are in the care of the Department of Agriculture are required by statute to be periodically inspected by the United States Bureau of Standards.

These weights and measures

are certified by the bureau according to standards establish­ ed by Federal law.*^

Iowa law provides that certain bulk

commodities must be sold by avoirdupois weight unless sold in standard containers as established by the United States 344 Standard Container Act of 1928. Bottomless dry measures can be used in Iowa only if they conform in shape to the 34^ United States standard dry measures. The Iowa Agricultural Seed Daw of 1941 is enforc­ ed by the State agriculture department in cooperation with the Federal department.

The techniques and methods utilized

by the department and the Iowa State College in analyzing agricultural seeds are required to be Nln.general accord with the rules for seed testing promulgated by the United States Department of Agriculture for the enforcement of the 346 Federal Seed Act." AU rules and regulations governing methods of sampling, inspecting, analysis, tests, examination

-211of seeds, and tolerances to be allowed in administering the $tate law must Mbe in general accord with officially prescribed practice in interstate commerce under the Federal Seod Act."347 Further exempliary of such contingent legislation is the orovisicn in the Iowa statute relating to infectious and contagious animal diseases requiring that all rules adopted by the Iowa Department of Agriculture regarding in­ terstate shipment of animals must not conflict with rules established by the Federal department, excepting in emergen­ cy situations.'5^

The Iowa Crop Pest Act states that no pro­

vision of that law is to conflict with "any act of Congress regulating the movement of plants and plant products in in­ terstate or foreign

c o m m e r c e .

‘*349

These examples of interdependent law indicate that Iowa has made the operation of these laws depend, to some extent, upon Federal laws and action.

Such Federal laws

establish standards: State laws reinforce them.

They attempt

to eliminate conflicting and differing standards thus making the administration less difficult for both agencies.

As

standards established by the National govern-ont for goods entering interstate commerce are paramount, differing State standards for interstate commerce are confusing.

Thus State

standards which closely follow Federal standards are not a result of compulsion, but arise largely out of convenience

In administration and enforcement

Cooperative Use of Personnel Cooperative use of personnel Is the most common form of cooperative action employed by the Federal and Iowa agriculture departments.

Federal utilization of State per­

sonnel, State utilization of Federal personnel, and joint utilization of employees Is practised. the most Important in Iowa.

The latter is by far

Several illustrations of coopera­

tive use of personnel are available* The agreement between the Division of Animal In­ dustry and the Federal Bureau of Animal

Indus

try^5D provides

for a program of joint action to oontrol and eradicate bovine tuberculosis.

Bach agency furnishes oersonnel to

conduct investigations and make tuberculin tests.

Similar

rules and regulations have been adooted thus simplifying the problem of joliit administration.

Tests for tuberculosis may

be made either by State or Federal veterinarians.

All testing,

however., must be done by methods approved by the Federal Bureau of Animal Industry and under the supervision of the Iowa Division of Animal Industry or the Federal bureau. Cattle from accredited herds may be shipped interstate if a certificate to that effect Is obtained from either agency. If the test reveals the herd to be free of tuberculosis, a "Tuberculosis Free Accredited Herd" certificate is Issued

the owner by the State and Federal

a g e n c i e s .

^1

The Federal Bureau of Animal Industry has agreed to make a chief Inspector available in Iowa to supervise testing of cattle for Bang *s disease; to employ additional veterinary insDoctors and other personnel as needed, pro­ viding funds are available; and to pay the salaries and tra­ veling expenses of the bureau inspectors.

The Iowa Divi­

sion of Animal Industry has agreed to cooperate in Bang’s disease work, provide laboratory facilities and personnel, and such field personnel as appropriations permit.

It has

also agreed to enforce State regulations gove ning the handling of herds of cattle under supervision for the de­ tection of Bang’s disease*

Both agencies agree to confer

at frequent intervals to discuss problems and improve 352 cooperation. Additional cooperative arrangements exist between tho Iowa Department of Agriculture and the United States Department of Agriculture for tho control and eradication of sheep and cattle scabies and hog cholera diseasesi

and

related

These agreements are similar to those for the

control of Bang’s disease and bovine tuberculosis.

However,

no State compensation is provided. By means of these agreements, the Federal Bureau of Animal Industry and the State Division of Ani^l Industry attempt to cooperate closely in pursuit of a common aim — the control of contagious and infectious diseases among

animals.

Perhaps no better illustration of the problems

inherent in division of powers between the State and Federal governments can be found. heed to political boundaries.

Animal diseases pay no

The control work of the

Division of Animal Industry would be practically useless if the Federal government did not aid in the control of animal diseases in interstate channels.

Nor could the

Federal government carry on its control work effectively without the cooperation of the State agency to eliminate such diseases at the source.

Therefore, to promote an

efficient and effective control and eradication program and to eliminate needless and expensive duplication, the State and Federal agencies have developed cooperative programs of joint action*

Under such agreements, State

and Federal agents cooperate and enforce both State and Federal laws#

However, most control and eradication work

within Iowa is carried out under State laws and regulations The Division of Sntomology cooperates with the Federal Department of Agriculture in several ways.

The

General Assembly authorized it to aid in the enforcement of Federal plant quarantines which may-be established by the United States Department of Agriculture.^^

The enforce­

ment of Federal quarantines by State officers, in addition to the enforcement of State quarantines occupies co; sicierable time of the division.

This cooperative arrangement

-215affords an excellent example of State personnel being -utilized to enforce Federal laws. The Iowa Crop Peat Act empowers the Division of 5 wore made,— Revised Statutes of the Territory of Iowa. 18421843# Ch. 6'. ~ ----------- -------5

Lawa 2£ the Territory of Iowa* 1341-1842# Oh. 126.

4 Annual Report of the State Agricultural Society, 1857, pp* 4l0—413. 5 ia3£8 6

Iowa* 1851-1852* Ch. 70.

Laws of Iowa, 1852-1853, Ch. 45.

7 Myrtle Beinhauer, "The County, District, and State Agricultural Societies of lows’* In Annals of Iowa, Third Series, Vol. XX, July, 1935, pp. 8 Annual Report of the Iowa State Agricultural Society, i§^4, p♦ 4Q5*.~1fhe Iiistory and proceedings of the first State fair were published as an appendix to this volume. 9

Lawa S3L

1854-1855, Ch. 166.

10

Laws SL Io^a* 1856-1857, Ch. 188.

11

Laws of Iowa, 1900, Ch. 50.

12

Laws of Iowa, 1923, Ch. 46.

13 Annual Report of the Iowa State Agricultural Society, 1869, p. 30. 14 Annual Report of the Iowa State Agricultural Society, W & 7 p. §4. 15 Annual Report of the Io/.a State Agricultural Society,’1^86, p. 49* I® Annual Report of the Iowa 3tate Agricultural Society, 1899, p. 113. 17 John Haefner, The Iowa State Dopart-.ent of Agricul­ ture as An Administrative”Agdncy, p. T%

-228-

18 Annual Report of the Iowa State Agricultural Society, 1874, p. 439, 19 Annual Report of the Iowa State Agricultural Society, 1874, p. 29 MeiBorlttl Qf the Stato Agricultural Society* 1854, p. 5, 21 Senate Journal* 1854, p, 16. 22 X*aw3of Iowa, 1854-1855, Ch. 166* 23 Annual Report of the Iowa State Agricultural Society, 1856, p. 24

o£ Iowa, 1856-1857, Ch. 188*

25

Code o£L Iowa, 1873, Sec, 1105,

26

Laws of Iowa, 1874, Ch. 3, Sec, 1.

27 Annual Report of the Iowa State Agricultural Society, 1896, p. — 28 Laws of Iowa, 1398, Ch. 145, Sec. 1. p. 6

29 Memorial of the State Agricultural Society, 1854,

30 Annual Report of the Iowa State Agricultural Society, 1873, p. m r . B--------------------- *--------------- "

tr.the.

Other organizations similar^lowa State Agricultural Society, such as the State Horticultural Society, came to play some part in this early period of Iowa Agriculture. However, their functions more or leas supplemented those of the State Agricultural Society, A discussion of their development would seem to be beyond the scope of this project. 31 Annual Report of the Iowa State Agrlcultural Society, 1874, p, ^.l,ir T'in"'" 32 Annual Report ofthe Iowa 1897, p . r m w

m

w

m

w if l — m u

u — ■■ i »

........ ..

n n iim m i

State Agricultural Society, ■ »

> '■ "

1

1

■

....... —

1» ,n

33 A v&yid picture of the frst changing nature of Iowa Agriculture can be gained from the annual reports of the State Agri cultural /Society. 34

Code of Iowa, 1939, Sec, 84.03.

35

-229Code of Iowa, 1939* Sec. 84.28.

36

Co&* of Iowa. 1939,

Sec, 84,24,

37

Code of Iowa, 1939,

Sec, 1119,

38

Cod* of Iowa, 1939,

Sec, 1123*

39

Code of Iowa.1939,

Sec, 1145*

40

Lawe of Iowa, 1933, Ch* 4,

41

Code of Iowa. 1939,

Sec* 295*

42

gode of Iowa. 1939,

Sec, 290.

43

Cofls of Iowa, 1939, Secs* 291-294*

'44

Code of Iowa. 1939, Secs, 290-295,

43

Codd of Iowa, 1939,

Sec. 101*2.

43

Code of Iowa,1939,

sec. 143.

47

Code of Iowa,1939,

Sec. 148*3.

48

Code of Iowa,1939,

Sec. 140.4*

49

Code of Iowa, 1939,

Sec. 2807,

39

Code of Iowa,1939, Sec,2856.

51

Iowa Year Book

296, 302, 304,

305,

of Agriculture, 1940, p.24*

52 For a complete list of these laws see Iowa Year Book of Agriculture, 1940, p. 23, *

33 34

Laws of IoWa, 1923, Ch. 46, Secs. 4, 5. Year Book of Agriculture. 1940, p. 81.

33

Laws of Iowa,

1927, Ch.

68.

38

Sowa Year Book of Agriculture,1940, p.

37

fo^a Official

Register, 1941-1942,p.90*

38

Laws of Iowa,

1941, Ch.

122.

59

Code of Iowa,

1939, Ch.

154*

97.

.

-230-

60

Laws

ofIowa, 1937, Ch, 108*

61

Laws ofIowa, 1937, Ch# 108*

62

Coa*

63

Pods

JS£.

1939, Secs, ‘2777-2785*

ofIowa* 1939, Sec* 2603*05*

64 Lawsof Iowa. 1923, Ch* 47# Sec* 15; Code of Iowa, 1939, Ch*T3S* 65 K. H# Porter, State Admfrlatration* p* 59* See also W* P* Willoughby, Principles bf ^ufellc Admlnistrat ion, especially Chapter A# 66 The ideal of sound integration is generally supported by teachers and students of public administration and approved by men in the field of actual administration*— John H# Pfiffner, Public Admin latrat Ion, p* 62* 67 institute for Government Research of the Brookings Institution, jLfPQffr OR & Survey q£ Administration la Iowa, 1933, pp. 263, 264#

68 Report on a Survey of Administration in Iowa. pp. 119-120* m ' 1 •> 'I i

69

K# H. Porter, State Administration, p# 322#

70

Laws of Iowa, 1923# Gh. 46, Sec# 2.

71 p# 345# 72

Report on a Survey of Administration in Iowa, A* H# Porter,State Admlnistration, Ch# 13, p# 310#

73 See Frank J. Ooodnow, The Principles of tive Law of the Ghlted States, pp# 222-jSm . 1"

Administra­

74 Annual Report of the State Agricultural Society. 1874, p* 4W H rr.in. ,

-mm —mmmu m * * * 0

m u # 111 wmmmnmm

mmm

win 11

nJfin*

75 A salary of one thousand dollars was granted the secretary in 1857 by the Board of Directors of the State Agricultural goolety*— Annual Report of the Iowa Stato Agricultural Society, 1&S7, p. '15. By l87l it was increased to two thousand dollars*— Annual Report of the Iowa State Agricultural Society, 1071, p* 221, During 'the years the society was in existence the secretaryfs salary varied from one year to the next* The General Assembly fixed the annual salary of the secretary under the State Board of Agriculture at fifteen hundred dollars.--Laws of Iowa, 1900, Ch. 50, Sec# 13.

231This was increased to four thousand dollars in 1923 when the Secretary of Agriculture was made head of the department* and raised to five thousand dollars annually In 1929, and remains at that figure today#— Laws of Iowa, 1923, Ch* 46, Sec* 7} 1929, Ch* 2, Sec* 5* 76

Laws

of Iowa,1900,Ch* 58, Sec* 10*

77

Code

SL

78

Code

1939, Sec* 2590*

of Iowa,1939,Secs* 4829*02, 4829*08* **

*-»

79

Ood6 2L

1939, Sec* 2600*

80

Laws of Iowa, 1939, Ch* 92, Sec* 4*

81 The bill to establish a Departmentof Agriculture as originally introduced in the Senate on March 9 provided for an elective officer to administer the department#— Senate Journal, 1923, p* 728$ Senate Bills, 1923, S.F. 594, Every legisla­ tive attempt to change the manner of choosing the secretary, from popular election to appointment by the Governor,with or without the approval of two-thirds of the Senate, v;as rejected. On March 14 the bill was referred bach to theSenateCommittee on Departmental . Affairs for further consideration,— Senate Journal, 1923, p. 801, Three ways later Senator T. C, Cessna, Chairman of the Senate Committee on Departmental Affairs, reported the bill out with recommendations for its passage as amended by the committee, The committee1s amendments to the original bill amounted almost to a complete rewriting of its provisions, but the original provision for electing the Secretary of Agriculture was not altered,— Senate Journal, 1923, pp, 864-867, On March 23, when the bill v;as being further considered by the Senate, an amendment was offered providing for appointment of the Secretary of Agriculture by the Governor with the Approval of the Senate in executive session. The amendment failed by a close margin, However, Senator J* D*. Busefc, ik voting against this amendment, saw fit to explain his vote by Informing the Senate that "if it be the intention of the Fortieth General Assembly that the head of the new department of Agriculture should be made a member of the executive council, I think ho should be elected by the people, "— Senate Journal, 1923, pp, 1003-1004, This explanatory remark may well indicate that the question of making this new department Load a member of the Executive Council was thoroughly discussed. On April 5 the Senate concurred In the amendments made to the bill by the House of Representatives, and the bill to establish the Iowa Department of Agriculture became law when signed by the G o v e r n o r Senate Journal, 1925, p. 1534.

-232Qn the same day the Senate Committee on Departmental Affairs Introduced a bill into the Senate making the Secretary of Agriculture a member of the Executive Counci 1 *— Senate Journal * 1923* p. 1299* With practically no amendments offered, the bill passed the Senate* April 16, by a vote of thirty-three to two *— Senate Journal, 1923, pp# 1595-1596* The House passed the bliT eTthbut amendments on the follow­ ing day with a vote of eighty-one to three*— House Journal, 19£3, p* 1891* This speedy and almost unanimous action on the part of both houses indicates the existence of a definite plan to make the Secretary of Agriculture a member of the Executive Council* 82 haws of Iowa, 1922, Ch* 205* The tax equalisation function was actually transferred to the State Board of Assessment and Review (1929) which became the State Tax Commission in 1959«— Laws of Iowa, 1 9 3 9 , Ch* 174* 83 339*

Heport On A Survey Of Admlnistration in Iowa* ~ ','"r"n'•1:i,r,'rLr*"

84

K* H* Porter, State AdminIs tration* P* 315,

85

IU li• Porter, State Administration* pp. 212, 215,

86

K. II. Porter, State f;dministra tlon * PP* 314,315,

87

K, II* Porter, State Administration, P* 218.

88 p* 345* 89

Report On A Survey Of Administration in Iowa* Encyclopedia of the Social Sciences* Vol* 9, p* 449*

90 Leonard D* White,Introduction to the Study of Public Administration* p. W ® 1 91

Encyclopedia of the Social Sciences* Vol* 9 , p* 447. %owa Year Book of Agriculture, 1931, p. 1.

93 Collections mad© by the Department of Agriculture (turned over to the general fund of Iowa) in comparison with appropriations for selected years:

-233Collect Ions from license and inspection fees and oleomargarine tax for years ending December 31 1926 1930 1932 1934 1936 1938 1940

#205*003,44* 225,799,90 290,701*44 321,340*99 .554,316,21 439*849,39 399,123,20

Appropriation for the fiscal year ending June 30 #466,020,00** a r>o •? cr\ .s\r, 472.350.00 477.900.00 315.051.00 314.149.00 321.015.00 295.210.00

*Io«a Year Book of Agriculture, 1926, p. 87s 1930, p. 1037H^3l7’7 * ~ W TStee, p. l7j 1936, p. SOf 1933,p. 19; 1940, p t 2o. **Laws of Iowa. 1925, pp. 198-200; 1929, pp. 331-5335 1931, pp7T0^19Tni933, p. 217j 1953, pp. 181, 132; 1937, pp. 1-3; 1939, pp. 1-3. 94 A fifteen dollar inspection fee paid by new restauraiits or upon transfer of ownership is placed in a restaurant fund in the"State Treasurer’s office to be used for administering mid enforcing laws relating to restaurants. However, If the Secretary, of Agriculture certifies that the balance in the fund oh July 1 is greater than needed, the surplus (as determined by the secretary) Is transferred to the general fund of the State# This inspection fee does not aooly to temporary restaurants.— Code of Iowa* 1939, Secs. 2812.1, 2812.2, 95 Laws of Iowa, 1931, Ch* 63# The Oleomargarine tax produoeOro.IMTsO In 1932, #315,329,90 in 1937, and #110,555.90 in 1940. The collections are transferred monthly from the Department of Agriculture to the general fund of the State*— Iowa Year Book of Agriculture* 1952. p. 38; 1937, p. 29; I54$,~pT~26. Xowa Year Book of Agriculture. 1S40, p. 26, 97

Code of Iowa, 1939, Sec. 3045.

98 The Iowa Dairy Law requires the licensing of all milk testers or those who are qualified to perform the Babcock test. The applicant submits to the division an application along with a fee of two and one-half dollars. Information relating to the requirements for license and the Babcock test is sent to the applicant. The inspector of the particular inspection district is notified of the applicant’s name and address and, in turn, notifies the applicant of the time arid place tests are to be given. The test usually Includes a practical demonstration in

-234milk testing* This Is required by law# If the applicant passes the examination the Inspector notifies the licensing clerk of the Dairy and Pond Division and the license Is Issued to the applicant# The license is valid until revoked by the depart­ ment for violation of provisions of the statutes and regula­ tions governing the testing of milk and cream# However, if the licensee ceases for any reason to exercise his license for a period of five years or more the license is considered void and the individual is required to take the examination again*— Code of Iowa, 1939, Secs* 3079-3084*. The Babcock test is recognized by the department as an approved means of testing milk and cream*— Iowa Department of Agriculture, Laws and Rules Relating to Dairy Products. Bulletin Ho# 7$, p. 14* 99 The Cream Grading Law requires every creamery and cream station to employ a licensed cream grader to grade cream used in butter manufacture. Applicants for such licenses must pass an examination (to Include actual demon­ stration) given by a dairy and food inspector. Licenses are valid for one year from date of Issue unless revoked for cause* They are not transferable* A fee of one dollar is charged for the license.— Code of Iowa, 1939, Secs. 3100*263100*28* Applications are TllecT’wXtSa the Division of Dairy and Food* Licenses are renewed yearly without reexamination upon payment of the renewal fee of one dollar. However, if & license is allowed to laps© for a period of five years or more, it can be renewed only after the regular examination is taken and passed. The State is divided into four testing districts for the purpose of giving examinations to applicants for the milk tester and cream grader licenses. Any applicant refused a license because of failure to pass the examination may make application to retake the examination.— Iowa Depart­ ment of Agriculture, Cream Grading Law Together with Rules, Se’ gulaTions,'and Suggee fcions Regarding £ts inf orcement, 1939.

lumtih fo* m: p. & pp. 64-67*

1935.

100 The Sanitary Law of Iowa provides for the licens­ ing of hotels, restaurants, bakeries, candy factories, slaughter houses, meat markets and other food extablishments. These licenses arc valid for one year from date of issuance. However, hotel licenses expire the last day of December* Applications for licenses are made upon blanks furnished by the department, giving information relating to the ownership of the business, management, location, type of building, equipment, rates charged, and other facts. Renewal applications must be made at least thirty days before expiration of existing license. However, after

-235applicatlon has been made and the proper fee paid, the applicant may continue to operate his business until the application has been denied*— Code of Iowa, 1939, Secs# 2809-2811, The license fees vary according to the type and size of business conducted* The annual fee is three dollars for restaurants, candy factories, bottling works, bakeries, canning factories, slaughterhouses and meat markets* License fees for temporary lunch stands (such as operated a$ fairs) are charged at a rate of three dollars for edch location, or a flat rate of ten dollars per year* Churches and other charitable and non-profit organizations arc expressly exempt from this license requirement*— Code of Iowa* 1939, Sec* 2312* The license fee to operate a holel ranges from an annual charge of four dollars for a hotel of fifteen rooms or less, to fifteen dollars for a hotel of one hundred and fifty or more guest rooms, Hotel licenses are transferable upon change of ownership and payment of a transfer fee of one dollar, but no other llceni4> eon be transferred* — Code of Iowa, 1939, Sec* 2809. As a general practice the department does not Inspect hotels and food establishments previous to the issuance of licenses* However, all new restaurants are Inspected before issuing licenses. If the Inspector’s report shows that the required standards have been met the license is issued, If the Inspector finds the existence of conditions not in conformance with the law and the regu­ lations of the department the applicant and the department are so notified* The inspector usually fixes a time limit in which the matter is to be corrected. At the expiration of that period a second inspection is made. The department will not issue the license until a favorable report is re­ ceived from the restaurant inspector. All slaughtering houses within the State are licensed by the department. The department does not Inspect such establishments before licensing except in special circumstances or by special arrangements. Thus, by request of Sioux City the department inspects meat packing establish­ ments in that city before issuing a license. In such manner does the department cooperate with other governmental agencies of Iowa* 101 Provisions for the licensing of cold storage plants (inacted In 1913 by the Thirty-Fifth General Assembly) and cold atorage^plattts are similar to other licensing laws administered by the Dairy and Food Division.— Laws of Iowa, 1913, Ch, 199; 1939, Ch. 8 9 . Every person operating a cold storage plant for public use is required to secure a license for each establishment. Applications for licenses are made upon blanks supplied by the department. The license fee is

-236twenty-flve dollars a year and all licenses expire December 31 following the date of issue*— Code of Iowa, 1939* Secs* 2856, 2860* ~ ~ Similar provisions pertain to th© licensing of cold storage locker plants, except that the annual license fee Is ten dollars for a plant of two hundred or less indivi­ dual cold storage lockers# with an added fee of two dollars for each additional one hundred storage lockers* Plants licensed under the Gold Storage Law but renting locker space to the public ore not required to secure a license for cold Storage locker plants*— Code of Iowa* 1939* Secs* 2872*02* 2872*04i 2872*05# Th© statutes require that all such plants must be thoroughly Inspected before the license is granted to deter­ mine If "sanitary conditions and equipment which, in the judgment of the department, are necessary for the proper operation of such refrigerator plant, have been provided*",, — Code of Iowa, 1939, Secs. 2859, 2872.03. Upon receipt of an application the department immediately orders the inspector of that district to inspect the plant and equipment. A report of the inspection is forwarded to the department# If the statute and rules of the department have been complied with a license is issued. If the Inspector does not ap.rove the plant, the applicant is given an inspecttion report, a copy of which is sent to the department, stat­ ing wheroin the plant fails to meet the approved standards. The Inspector fixes a time limit in which the necessary adjust­ ments must be made. Upon expiration of that period the plant is again inspected. The department will not Issue a license until the plant is approved. However, failure of new cold storage and locker plants to meet the required standards Is seldom experienced because they now use all-steel equipment manufactured by companies which know the required standards and manufacture and install their equipment accordingly.— Based upon a personal conference with B. 0. Brownlee, Chief Inspector, Division of Dairy and Food, June 12, 1941. These two laws are explicit instances of power given to the department to refuse to issue licenses until minimum sanitary and equipment standards have been determined to exist. The only curb upon the department’s discretion in this matter is that Its decisions must be reasonable and proper and consistent with th© law. The only recourse of an applicant who is refused a license is to appeal to the district court for redress, 102 Th© State Dairy Law enacted by the Twenty-Fourth General Assembly and since ame ded several times, provides

-237 that all persons engaging in the retail sale of milk or cream in any city or town must obtain a milk dealer’s license from the Department of Agriculfcure•— Laws of Iowa, 1892, Ch. 50% These provisions are not applicable to persons who supply milk or cream to establishments engaged In manufacturing dairy products nor to those who do not sell milk from a store or vehicle# Licenses are issued only to the person owning or leasing the vehicle or place from which sales are made and must contain on the lace of th© license the individual’s name# residence, and place of busi­ ness, A license fee of one dollar is levied for eaoh vehicle and business site# The license Is valid for one year only; — Code of Iowa, 1939, Secs* 3071-3074, Th© issuance of this license is largely a minis­ terial function, because the division generally issues licenses to any applicants without question who pay the fee, excepting applicants who previously held licenses which were revoked for cause, 103 Tii© Cream Grading Law enacted in 1935 by the Forty-Fifth General Assembly provides for licensing creameries, cream stations and vehicles used for the collection of cream, — Laws of Iowa, 1935, Ch* 29* All applications are made to the license clerk of the Division of Dairy and Food* Upon payment of the proper fee the license i|, issued. Each license specifies the particular creamery or cr% a station which is authorized to operate, or the general rodte traveled by the vehicle engaged in picking up cream. Licenses are valid for one year from date of Issuances unless revoked for violation of th© statute and rules of the department, and mist be posted in a conspicuous manner at th© creamery, cream station, or in the driver’s compartment of the cream truck. A fee of three dollars is assessed each creamery, one dollar for each cream station, and one dollar for each truck operating on a designated cream route.— Code of Iowa, 1929, Secs. 3100,343100,37, ~ Applications for creamery licenses are granted upon payment of the license fee without an Inspection being made before the license is issued. However, it Is the policy of the department to inspect all now cream stations before issuing a license. If the inspector finds all require­ ments of the statute and regulations of the departments are being"obeyed, the departfue,~t is notified and the license is issued. If the cream station does not conform to minimum requirements the inspeotor notifies the applicant of the deficiencies. When these have been remedied another inspect­ ion is made, and If approved by the inspector, the license is finally Issued.

-238104 Regulation of the proauction and sale of eggs (to promote fair dealing and to increase th© market value of Iowa’s egg crop) was begun by the Thirty-Eighth General Assembly# and later amended by the Forty-Second General Assembly .— Laws of Iowa, 1919# Ch* 274; 1927, Ch. 64# Retailers who buy direct from licensed dealers and those who do not sell in lots of more than one case are exempt from the licensing requirement# The license is valid for one year and expires on March 1 after date of issue# The fee for each license is one dollar^;— Code of Iowa, 1939# Secs* 3101-3103# 105

The Poultry Marketing Law (Laws of Iowa, 1927

trr«ctU by the Forty-Second General Assembly to prevent the sale of diseased poultry and to hel(?jsltty thievery of poultry.— Laws of Iowa, 1927, Ch, 67* See alco Iowa Department, of Agriculture, Egg and Poultry Laws and Regula­ tions, 1939, Bulletin No. 2tT(Heprfntl'. All dealers "engaged In the business of buying for the market, poultry or domestic fowls from the producer" must secure a poultry dealer’s license. The provisions of this law are identical with those established in the Egg Dealer’s Law.— Code of Iowa, 1959, Secs, 5112.2-3112.4. No discretion is* exercised by the department in granting licensee to egg or poultry dealers* A degree of discretion is, however, exercised in the revocation of such licenses for failure to abide by provisions of th© statutes. 106 The first law regulating public scales was enacted in 1864#— Laws of Iowa, 1864, Oh. 56. An amendment enacted in 1913 prov£'&el~for a licensing system,— Laws of Iowa. 1913, Ch. 266. Th© law was revised in 1921 to include gasoline pumps in the saipe category as public weighing dovice s.— Laws of Iowa, 1921, Ch* 187. All persons offering weighing devices and gasoline pumps for public use are required to secure annual licenses from the department upon payment of an annual fee of three dollars for each scale or gasoline pump. The license itself is a metal tag bearing a serial number and the year issued, and must be placed on the front of the seal© or purqp. Absence of the tag Is held to be prima facie evidence that the weighing device or .gasoline pu&p Is being operated contrary to law.— Code of Iowa. 1939, Seor, 3259-3262. This licensing function is of a ministerial, nature. The department has no alternative but to Issue the license. Enforcement of the law is largely a matter of inspection, not licensing. 107 Gode ?f Xowa, 1939, Secs.3095-3100. See also, Iowa Department of Agriculture, Law Relative to Containers of Dairy Products and Tentative Regulations, 11)45, Bulletin No. 60.

-2331°8

Code 2L Xowa, 1939, Sec, 5095*12*

109

Eawa 2£ Iowa* 1907, Ch. 189*

110

Code of Iowa, 1939, Secs* 3117, 3118*

HI

haws of Iowa, 1941, Ch. 131, Sec*

4*

112

Laws of Iowa* 1941, Ch, 131, Sec.

6,

113

hawa of Iowa* 1%23, Ch. 36*

H*

Code of Iowa* 1939, Sec* 3223*

116

Code of Iowa* 1939, Sec* 2813*

116

Code of Iowa, 1939, Sec. 3045*

117

Code of Iowa. 1939, Secs. 2864, 2872.07.

118

Code of Iowa* 1939, Sec, 3100,38,

119 All material on revocation proceedings is based on personal conferences with Mark G. Thornburg, Secretary of Agriculture, and B. 0. Brownlee, Chief Inspector, Division of Dairy and Pood, June 12, 1942. 120

Code of lowa* 1939, Sec. 3100,38.

121 An act to prevent the spread of hog-cholera and other disease? etc., passed by Thirty-Eighth General Assembly in 1919 and later amended.— Laws of Iowa* 1919* Ch. 248. ----------122 A record is kept of all licenses applied for and issued, showing the date of application, applicant*s name, cauce of rejection, date issued, to whom issued, date of expiration, and the location of the licensed business. 123

COde of Iov?a* 1939, Bees, 2747-2753.

124

Code of Iowa, 1939, 3ec, 2756*

125

Code of Iowa* 1939, Sec. 2754.

126. Code of Iowa* 1959, Secs. 2707-2710, 2714-2718, 127 128

fiode of Iowa,1939, Secs. 2721-2755. Iowa Year Book of Agriculture. 1934, pp. 117-120.

-240129 Code of Iowa* 1939, Secs* 2618-2624, 2627, 2628, 2633* 2636* 26397 13°

Code of Iowa* 1939, Secs* 2630-2634*

’ 131 Eased on a personal conference with Dr* P^ank, Chief of the Division of Animal Industry, June 12, 1942* 132 The license is in the form of a numbered certificate bearing the seal of the department and tft*signature of the Secretary of Agriculture* A fee of twenty-five dollars is oharged for the original license and must be paid in advance when the application is filed* All licenses to practice veterinary medicine expire on the last day of June following the date of issuance* The department is required to notify each licensee by mall of this expiration date* Renewal of the license must be made by th© department without examina­ tion upon written application filed at least thirty days before expiration of the existing license and accompanied by a renewal fee of one dollar* A veterinary failing to renew his license may be reinstated and a renewal granted providing a verified application for reinstatement is filed, stating the reason for failure to renew, and accompanying the applica­ tion with all delinquent fees and a special reinstatement fee of five dollars* A fee of fifty dollars is charged for the Issuance of a license to practice in Iowa, based upon a license issued In another state* nominal fees are charged for a certified statement that the veterinary Is licensed to practice in this State and for duplicate licenses* The department is required to keep a complete record, open to public inspection, of all licenses Issued to veterlnaries* Th© licensee is required to display the license and all renewals in his office.— Code of Iowa* 1939* Secs. 27642769, 2771-2773, 2775. * Iowa. 1955, Secs. 2777-2785. Members of th© State Board of' Vcterinary Examiners are paid on a per dial* basis plus travel expenses, however, any board member who is at the same time a full-time employee of the aepartment serves without additional compensation. 134Code of Iowa, 1939, Secs. 2786-2792. 135 Th© Brookings Survey of Iowa Government questions th© necessity of the examining board being attached to the Department of Agriculture* Their report states that no evidence exists to show that the examining and licencing work (for veterlnaries) performed by the department has ©ligated the standards of veterinary practice in Iowa. It is suggested that the work would be done better if transferred to the Iowa State College of Agriculture and Mechanic Arts. However, the need for further study of the problem is recognized before any reorganisation is at temp ted.— Report on a Survey of Adminis­ tration in Iowa, p. 342.

136

-241Code of lowa, 1939, Sec. 2799*

137

gQ^© of Iowa. 1939, Secs* 2799*1-2799*4, 11060*

138

Code of Iowa, 1939, Sees* 2799*5, 2799*6, 2806*

139 Laws of Iova 1941, Oh* 122. Applications for licenses under Hie Baby Chick Act are made upon blanks furnished by the department according to the rules established by it* Licenses are valid for one year and empire on July 1* A license fee of ton dollars is charged* The license may b© renewed upon payment of a similar fee* HO

Laws of Iowa. 1923, Ch* 191*

H I Code of Iowa. 1939, Secs* 9752*02-9752*06, 9752.44. See also the Iowa BoncLed Warehouse Law administered by the Iowa Commerce Commission. Code of Iowa, 1939, Ch* 426. HS

Iowa Year Book ofAgriculture, 1934, pp. 101-115,

143

Iowa Year Book ofAgriculture, 1938, pp. 90-101,

144

Iowa Year Book ofAgriculture, 1940, pp. 126, 127,

145

Code of Iowa, 1939, Sec. 3046.

146 Laws of the Territory of Michigan, 1805-1835, published In ’throe volumes, 1674, Vol. Ill, pp. 853, 854. Three years later a more comprehensive Inspection act was passed covering several commodities and establishing more detailed standards.— Laws of the Territory of Michigan, 1805-1835, pp. 1102-1107. 147 Leonard D, White, Introduction to the Study of Public Adminlstration, pp. 464, 435. 148 Leonard D. White, Introduction to the Study of Public Admlnis tration, p. 484, 149' Leonard D. White/ Introduction to the Study of Public Administration, p. 48i^ 150

Code of Iowa,

1939, Secs, 2814-2822.

151

Code of Iowa,

1939, Secs. 2323-2833.

1(32

Cofl© of Iowa,

1939, Secs. 2854-2840.

153

Code of Iowa,

1939, Sec. 2851.

The statute also provides that hotel rates inuet bo posted in each room and no charge greater than that posted

-242can bo made* Ho increase In rates can be made without first notifying the department sixty days in advance of tho proposed Increase,— Oode of Iowa, 1.39, Secs, 2841, 2842* 154

Code of Iowa, 1S39* Sec0, 2843-2850, 0°^® of Iowa, 1939jSees* 1669* 2853*

/

156 This provision does not* however, apply to temporary restaurants* 157

Code of Iowa, 1939, Sec* 2812*1*

Thisinspection fee was Instituted in 1934 upon recommendation of the Iowa Restaurant Association which desired to improve the standards of sanitation which prevailed in restaurants, and to provide for more adequate and efficient inspections.--Lews of Iowa, 1934, 45 Extra, Sess,, Ch, 31* Infomation derived~Troir. a personal interview with !!ark Thornburg, Secretary of Agriculture, December, 1941* 158

Co&e

Iowa, 1939, Sec* 2852*

158 Based on personal conference with B, 0* Brownlee,. Chief Inspector, Division of Dairy and Pood, June 12, 1942*. 160

Code of Iowa, 1939, Sec, 2808.

161

Iowa Year Book of Agriculture, 1940, p. 27.

162

Iowa Year Book of Agriculture, 1937, pp. 60-64#

In cooperation with the Federal government the department recently began surveying milk sold to processing plants manufacturing cheese and powdered milk. Considerable Improvement in milk standards apparently is needed because Iowa cheose is not rated by fcko Federal government as of a good enough quality to be purchased under the Federal lenalease laws,— B aed ju a personal conference with b. 0* Brownlee, Chief Inspector, Division of Dairy and Food, June 12, 1942, 163 A study of the number- of licenses issued and the number of inspections of creameries, crcor: stations, and cream route vehicles conducted in 1940 reveals the extent of this inspection serv* Number of IIcenses issued Creameries Cream stations Qream route vehicles

482 '1340 1694

Humber of Inspections made 3369 5793 919

-243Based on figureB taken from tabulations of licenses issued and inspections made by the Department of Agriculture* Iowa Year Book of Agriculture. 1940, pp. 26, 27; 164

Gode of Iowa* 1939, Sec* 3055;

165

Code of Iowa, 1939, Sec* 3100;24,

166

Code of Iowa, 1939, Sec* 2825*

107 Cofla of Iowa, 1939*Secs. 7976-7980; The statute authorises fcke department to collect an Inspection fee of five dollars from the railroad if the complaint is Justified or from the individual making the complaint if found to be unjustified* This is not followed as usually no charge is made* 168

Code of Iowa, 1939, Secs. 2059, 2872*03*

169 In 1940, there were 530 locker plants in Iowa including sixty-five branch lockers* Many locker plants provide services such as cutting and wrapping meats and slaughtering animals. The importance of the locker plant business is evidenced by a total investment of at least £3,000,000, with the plants handling food stuffs at the rote of 275,000 pounds dally*— Iowa Y^ar Book of Agriculture, 1940, p* 56* 170

Code of Iour;a* 1939, Sees, 5224, 3225*

In 1940, twenty-seven mattress factory inspec­ tion fees were collected, whereas a total of fifty nine inexjections were actually made.— Iowa Year Book of Agri­ culture. 1940,pp. 26, 27.

171 Code of Iowa, 1939, Sec. 3059, 172 Code of Iowa, 1939, Secs. 5105-3112.1. 173 Code of Iowa, 1939, Sec. 5060. 174 Code of Iowa, 1939, Sec. 3066• 175 Code of Iowe, 1939, Secs. 3037-3044, 5067. 176 Code of Iov-a, 1939, Secs. 3066-5070. 177 Code of Iowa, 19 39,

occc.

o l i o — o!17•

176 Code of lowa, 1939, Sees* 5118, 3120. 179 Code of Iowa, 1939, Sec. 3119.

-244180

Iowa Year Book of Agriculture, 1951, p. 59*

101

Laws of Iowa* 1941, Ch* 130*

182

Laws of Iowa, 1941i Ch* 131*

103

Code of Iowa, 1939, Ch* 161*

184

Code of Iowa, 1939* Socs* 3266-8269*

185 Based on personal conference with B* 0* Brownlee* Chief Inspector, Division of Dairy and Food* June 12> 1942* 186

Code of Iowa, 1939, Secs. 5270, 3273*

187 This information Is based on a conference with B. 0* Brownlee, Chief Inspector, Division of Dairy and Food, December, 1941* For detailed information on scale tolerance and the rules and regulations of the department relating to weights and measures see Iowa Department of Agriculture, weights and Measure Law, Bulletin Ho* 59, 1935. 188

Code of I&wa, 1959, Socs. 5251, 5252.

189 The State weights and measure standards are submitted every ten years to the Federal Bureau of Standards for certi­ fication. The department is responsible for their proper care and is required to test any measure submitted to it by any private or public party.--Code of Iowa, 1959, Sees* 5228, 5252, 5253. 190 CggQ of Iowa, 19397 Sec3. 5258, 5266, 5095.01, 5095.02, 5095.017 50&T.07. Sec also, Iowa Department of Agriculture, Motor Vehicle Fuel, Petroleum Products, Illuminating oils, l§3'i, Bulls tin* 191

Iowa Year Book of Agriculture, 1940, p. 54.

192 Coda of Iowa, 1939, Ch. 159* See also Iowa Depart­ ment of Agriculture, Motor Vehicle Fuel, Petroleum Products, Illuminating Oils, 1Q3l, Bulletin. 193

Code of Iowa, 1939, Ch. 154*1 Code of Iowa, 1939, Ch. 157.

195

Code of Iowa, 1939, Ch. 158.

196

Code of Iowa, 1959, Ch. 162.

1^7

-245Iowa Year Book of Apiculture,,1940, p. 55;

198 Information derived from personal conference with B, 0k Brownlee, Chief Inspector, Division of Dairy and Pood, December, 1941k In 194G, 16*972 samples were collected by the department of which 10*062 were tested in the laboratory* --Iowa Year Book of Apiculture, 1940, p. 27.* 199

Laws of Iowa* 1941, Ch; 130, Sec; 10*

200

Code 2t Xowa, 1939, Sec; 3058;7.

201

Oode 2L

1939, Sec; 3034;

202 Based ona study of the inspection report files of the hairy and Pood Division, December, 1941, 203 Based on a conference with B. 0. Erovmlee, Chief Inspector, Division of Diary and Food,- December, 1941, 204

lot*a Year Book of Agriculture, 198,4, p* 7, lows. Year Book of Agriculture, 1938, pp, 13, 14*

£06

Iowa Year Book of Agriculture, 1928, pp, 116, 117,

207

Report on a Survey of Administration in Iowa,p, 340,

208

Iowa. Year jBook of Agriculture, 1928, p, 117,

209 Withthose' powers at its command the division enforces the laws which relate to the control of contagious diseases; carries on the tuberculosis eradication program; promotes the control of Bang»s disease; supervises the dip­ ping of sheep infected with scabies; Supervises pullorum testing of poultry; conducts the stallion registration service, the Hog Cholera Virua and Serum Law, and the Veterinary Practice Act, In addition, the division inspects and supervises all sale barns and disposal plants,— Code of .Iowa, 1939, Secs * 26.43, 2651; Iowa Year Book of Arqffc'uTture, 1940, p* 82, 210 Code of Iowa, 1939, Ch* 201,1* Book of Agriculture",'l94v, p, 97,

Ihc also, Icv.a Year

Some indication of the extent of the division1s activities may be gained from the following statistics. In 1940, 257 plant nurseries were inspected and granted certifi­ cates of inspection; 167 certificates were issued to Iowa dealers in nursery stock; 234 out-of-stat© certificates were granted to nursery stock growers in othur states; and reciprocal agree­

-246ments were signed with thlrtT-five etatec;— Iowa Year Hook of Agriculture. 1040, p; 97,

Code of Iowa, 1930, Sees. 4057-4030;6* 312

Code of lowa * 1959, Sec; 2704*1*

213

0a, 1j41, Ch. 130, Sec. 11.

234

Code of Iowa, 1959, hoc. 2855, 3076.3.

235

Code of Iowa, 1939, Soc. 3047.

236

Code of Iowa, 19o9, kiOCt oboo.

237 Code of Iowa, 1959, Secs. 2507, 2856, 3051; of towa, 19 bl, CEl. 130 f Iowa Year Booh of Agriculture Pt 84* 238

Code of Iowa, lQou , c e c , c.051.

259

Code of Iowa, 19 o2t, dec. 5 950.

240

Code of JLO'vVa, 1 939, odes* oOoo, 797 j .

241 Code Of Iowa, 1 9 3 9 , Sees. 2 6 08 , 2CC3, 2 6 05 , 2745, 2762, 280 5, 28.1A, 3047, 5100. 40, 5 1 1 2 .7 , 5 271, 4 0 6 2 . lb, 5095.11, 7 5 7 9 , Ch, 556; Laws of Iowa, 1941 Ohs. 150, 151. However, fifteen i.ays written notice must-be

iven

law for tho eradication a’ bovine tuberculosis, b.-on roguest of tho Secretary of Agriculture, tnw e o nty board of super­ visors causes the notice to bo served, calling to the vl -intcr*s

attention the provisions of the law♦--Code of Iowa# 1969, Sec* 2702% Any person who files or attempts to fll© with the department a X'alse or forged veterinary diploma or certificate is guilty of forgery and punishable accordingly*— Code of Iowa, 1939, Secs* 2803, 13139* The violation of quarantines established by the Division of Entomology is defined as a misdemeanor and punishable as such*— Code of Iowa* 1939, Sec* 4062*16* In any criminal pros©cutionWought be cause of- violation of the laws regulating pure foods* weights, and measures, and standards for othpr articles, the information filed may charge separated offenses fbr each violation and the defendant may be convicte/ of any or All of them*— Code of Iowa* 1939* Sec* 3048* r 242 Leonard D* WhI te, Introduction to the Study of Public Adminlstratlon* p* 496* 243

Iowa Year Book of Agriculture* 1940, p. 49.

244 Based on a personal conference with B* 0. Brownlee, Chief Inspector, Dairy and Pood Division, Des Moines, June 12, 1942* 245 Based on a compilation of the employment record of the Division of Dairy and Pood as contained In the volumes of the Iowa Year Book of Agriculture* 1923-1940. 247

Code of Iowa, 1939, Sec. 2587.

248 Based on production figures for the United States of 1,750,718,000 pounds; for Iowa, 252,599,705 pounds.— Iowa Year Book of Agriculture* 1939* pp. 53-34. 249

Iowa Year Book of Agriculture* 1933, p. 51.

250

Iowa Yoar Book of Agriculture* 1939, p. 62.

251

Laws of Iowa, 1915* Ch. 329.

252

Iowa Year Book of Agriculture, 1929, P. 73.

253. Iowa Year Book of Agriculture* 1914, pp. 418-420. 254

Laws of Iowa* 1915, Ch. 329, Sec. 1.

255

Laws of Iowa, 1915, Ch. 329, Sec. 1.

256

Iowa Year Book of Agriculture* 1915, pp. 368-370.

257 p. 106*

Iowa Year Book of Agriculture, 192o, p. 216; 1924,

258

—250— Iowa Year Book ofAgriculture. 1930, p. 76.

259

lag* &>ar Book o£Agriculture. 1940, p. 62.

260

Iowa Year Book of Agriculture. 1926, p.56.

261

Iowa Year Book o£ Agriculture. 1927,

pp

. 56, 57.

262

Iowa Year Book ofAgriculture. 1933, P. *1.

263

las& Xear Book atAgriculture. 1938, p. 41.

264 logs laar Book of Agriculture. 1933, 265 Ch. 33.

pp.

41, 4a.

Laws of Iowa. 1934, 45 den. Ass. Extra. Sees.,

The board Is required to meat semi-annually in Ames in conjunction with the executive committee of the Iowa Trademark Association which acts as an advisory body to the board at such meetings* 266 Based on personal conference with B, 0* Brownlee, Chief Inspector, Division of Dairy and Food, June 12, 1942, 267

Laws

Iowa. 1939, Ch. 90.

SaftE gasfc at griculture. A

268

laaa

1935, p. 54,

269

Lawa a£ Iowa. 1941,

Ch. 128.

270

laws o£ Iowa.1941,

Ch. 127, Sec, 2.

271

Lawa ££ Iowa.1941,

Ch. 128, Sec. 3.

272

Law? of Iowa.1941,

Ch. 128, Sec. 4.

273 The 1939 act established Ifay 1 to 15 inclusive as the tax period for 1939 and 1940,— Laws of Iowa. 1939, Ch. 90, Sec. 14* 274

Lawa

at jp.HH,

1941, Ch. 128, Sacs. 5-7, S.

275

LSfWa of Iowa.1941,

Ch, 128, Sec. 8.

276

Laws, of Iowa. 1941,

Ch, 128, Sec. 11.

277

Laws of Iowa. 1941,

cfc. 128, Sec. 10.

278

Iow& M & Z gSEfifc

Agriculture, 1939, p. 230,

280

-251Iowa Year Book of Agriculture. 1940, p. 266.

281

Iowa Year Book of Agriculture. 1940, pp. 263-267*

282 Oleomarglne sold in Iowa must conform to the oackago regulations of tho Federal government•— Code of Iowa. 1939, Secs* 3100*07-3100.16* All institutions under the control of the Iowa Board of Control are prohibited from using oleomamln©.— Code of Iowa. 1939, Sec. 3092*1. 283

Code o£ Iowa, 1939, Secs. 3100.12, 3100.17, 3100,18,

284

Ifiga last Book o£ Agriculture. 1931, PP. 51-52.■

No attempt is made to deal with the retalitory implications of such a tax to promote an industry of Iowa at the expense of an industry of other states. The considerable revenue derived from the oleomargino tax would indicate that the tax is not prohibitive in nature, Nevertheless1 , reta­ liatory action by other states could defeat the very pur­ pose or the act. From this standpoint, the wisdom of th© act is subject to grave questioning* 285 p* 340, 286

BgBSEfc on a flagcaz SL ^ministration la Iowa, 1933, pit* Iowa. 1939, Secs. 2916,

2919, 2920.

287 Cod© of Iowa, 1939, Secs, 2921, 2923. 288 Cod© of Iowa. 1939, Secs. 2956, 2957* 289 Code of Iowa. 1939, Secs, 2958-2962.4, 290 Farmers* Institutes must notify the denartment by the second Wednesday of December; short courses by November 1; and poultry shows by October 1.— Code of Iowa. 1939, Secs. 2916, 2921, 2954. 291 Code ££ Iowa. 1939, Secs. 2916, 2921, 2955. Short courses must alsosubmit an itemized list of premiums oald. 292

Code o£

Iowa. 1939, Secs. 2917, 2922, 2955.

293 Supervisory control is exercised by the Department of Agriculture over the annual 4-H dairy calf club exposi­ tion sponsored by the Iowa State Dairy Association. After the exposition the president and secretary of the dairy association file with the Secretary of Agriculture a sworn a-tatemeftt of the amount of cash premiums paid. The secre­ tary reviews the statement and, if found to be correct, cer­ tifies it to the State Comptroller. The dairy association

-252is then entitled to a grant of State funds equal to 80 percent of the amount paid In premiums, or not more than ^2,000.— Code of Iowa. 1935, Ch. 140.1. 294

Code Qt Iowa. 1939, See. 2919*

295

Iowa Year Book at Agriculture). 1940, .pp. 113, 114.

296. la g . Zaaz Book of Agriculture. 1939, p. 108. 297

Law. o£ Iowa. 1913, Ch. 140.

298

Coda of Iowa. 1939, Sec, 2924,

299 The business of the corporation is conducted by an annually elected president, vice-president, secretary, treasurer, and a board of at least nine directors including the above officers# Any citizen of the county and non­ resident owning land in the county is entitled to member­ ship in such corporation uoon oayment of an annual fee of not leas than one dollar.— Code o£ Iowa. 1935, Sec# 2926# 300

Code of Iowa. 1939, Secs# 2926-2928.

301

Sod© £f Iowa# 1939, Sec. 2929.

302

Jgs&a

303

Code of Iowa. 1939, Sec* 2938.

is m * 1939, Secs. 2930 , 2931.

„ _

304 RgBfigj && & Sqryey of Mm IniatratIon iQ Iowa. 1933, P. 345* 305

Laws of Iowa. 1872, Oh, 25*

306

Laws of Iowa. 1909, Ch# 250..

3 0 7

Laws o£ Iowa. 1911, Ch*

308

Laws of Iowa. 1917, Ch. 18?.

309

L&wq o^ Iowa.

310

Laws of Iowa,. 1937, Ch. 111.

311 141.2* 312 Mark

1 9 2 7

2 0 3

.

,Ch* 53*

m a . £ £ I m & , 1939, Chs. 139, 140, 141, 141.1, Code o£ Iowa. 1939, Sec.

2 9 6 3

.•

313 Based on personal communication received from Thornburg, Secretary of Agriculture, April 13, 1942.

-253314 Based largely uoon a letter from Mark G, Thornburg, Secretary of Agriculture, April 13, 1942. 315

Code of Iowa. 1939, Sec, 2591*11,

316 From correspondence with Mark 0•„ Thornburg, Secret tary of Agriculture, May 6, 1942. 329.

317

K. H* Sorter, State Admlnistrat 1 on. 1939, Ph. 328,

The Brookings Survey of Iow& government recognized the value of advisory boards. The survey recommended that consideration be given to the establishment of an Advisory Board on Animal Health to be attached to the Division of Animal Industry. A board of three livestock owners and two veterinarians was suggested. The understanding and cooperation of farmers Is essential to the eradication of animal diseases.--Bapqrt on & Survey of Administration In IfiSa# 1933, p. 342,

313 Much of the general material of this chapter is based upon the comprehensive study of Federal-state relations by Jane Perry Clark, The Else off a flew Federalism, 1939, 319

Laws of Iowa. 1878, Ch. 45.

3 2 0 Laws of Iowa, 1890, ch. 29. At that time the United States Army Signal Service was performing the func­ tion of weather reporting for the Federal government. By 1908, the equipment in the volunteer weather reporting stations in ’ Iowa had been improved through cooper­ ation with the United States Weather Bureau.— Iowa Year Book SL Agriculture. 1908, p. 3.

The cooperative relation between the Iowa leather and Crop Service and the Federal agency was extended fur­ ther by an agreement with the Federal.Bureau of Crop Estimat­ es whereby its agents cooperated in the collection of sta­ tistics relating to crops, acreage, condition of crops and yields.— Iowa Year Book of Agriculture, 1 9 1 9 , p. 6 8 1 . 321

Laws of Iowa. 1921, Ch. 178,

The Iowa Year Book of Agriculture, for 1922, re­ ported another example of cooperation when the Federal De­ partment of Agriculture assumed the cost of telegraphing dally weather forecasts to many cities in Iowa.— Iowa Year Book of Agriculture, 1922, p. 562; 322

Laws o£ Iowa. 1937, Ch. 108,

323 Memorandum of Agree ant between the Weather Bureau of the United States Department of Commerce and the Iowa Department of Agriculture, effective July 1, 1937 in the files of Charles D. Heed, Federal Meteorologist and Director of the Weather Division of the Iowa Department of Agriculture, Dea Moines. 324

Laws of Iowa. 1937, Ch. 1; 1939, Ch. 1; 1941, Ch. 1

325 State of Iowa Employees, July 1, 1940 to June 30, 1941, p. 10. 326 Based on a personal conference with Charles D. Heed, Federal Meteorologist and Director of the Iowa Weather Division, Des Koines, June 13, 1942. 327 Memorandum of Agreement between the Bureau of Agri­ cultural Economics of the United States Department of Agri­ culture and the Iowa Department of Agriculture, effective July 1, 1937 in the files of Leslie M. Carl, Senior Agricul­ tural Statistician and Director of the Division of Agricul­ tural Statistics of the Iowa Department of Agriculture, Des Moines. Since the original agreement was signed, these functions were transferred to the Agricultural Marketing Servioe of the United States Department of Agriculture. Yearly "confirmation of agreement" is made with that offioe. 328 Four hundred dollars for the fiscal year 1940-41. State of Iowa Enud.aya.fi,a, July 1, 1940 to June 30, 1941, p. 10 329

Laws of Iowa. 1939, Ch. 1; 1941, ^h. 1.

330 Based on the Memorandum of Agreement between the Bureau of Agricultural Economics of the United States De­ partment of Agriculture and the Iowa Department of Agri­ culture, July 1, 1937, and a personal conference with Leslie M* Carl, Senior Agricultural Statistician and Director of the Division of Agricultural Statistics, Des Moines, June 13, 1942. 331 Amendment to the Memorandum of Agreement between the Agricultural Marketing Service of the United States Agriculture Department and the Iowa Department of Agricul­ ture, July 1, 1939 in.the files of Leslie M. Carl, Senior Agricultural Statistician and Director of the Division of Agricultural Statistics* Dee Moines. Supplementing agreements, less formal The urgent need in 1938 to overhaul the weather

these eomorehenslve cooperative agreements frequently are devised. to make a complete Inspection of and station equipment In Iowa furnishes

an example of this type of cooperative arrangement# A large portion of the weather stations had not been inspect­ ed by trained men for many years* Much of the equipment had been moved and was not in proper adjustment# A coopera­ tive arrangement was established between the United States leather Bureau and the Iowa Department of•Agriculture where­ by the former supplied a trained man and paid his expenses and the latter furnished and maintained a State-owned car * for his use* Equipment found to be faulty was renlaced. In many instances, the inspector found it necessary to train the observers in the correct procedures of making readings.— lowa Year Book of i^rlcultuye. 1938, oc* 365, 365, Yearly Inspections under similar cooperative arrangements are now mads.— Iowa Year Book o£ Agyloulturs. 1939, pp. All, 412 j 19^0, p, 461, 332 Based on personal conference with Leslie M. Carl, Senior Agricultural Statistician and Director of the Iowa Division of Agricultural Statistics, Des Moines, June 13, 1942* See, Jane Perry Clark, The Rise of % Hew Federalism, pp* 102, 103* 333 Jane Perry Clark, pp* 104, 105j

Rj§o of A M

ZMSZSllSli

334 Laws of Iowa, 1939, Ch# 87* Under this act the State of Iowa agrees to pay up to one-third of the difference between the ap oral sad value of any cattle reacting to the Bang’s disease teat and its salvage value up to a value of eight dollars for a grade animal and twelve and one-half dollars for a registered purebred animal. However, State indemnity can not be oaid on any cattle which are not eligible for indemnities from the United States Department of Agriculture. Between January 1934, and November 1938, the Fed­ eral government expended slightly over two million dollars in Iowa for the eradication of Bang’s disoase while the State failed to make any appropriations for this purpose. By act of Congress, the Federal deoartment refused fur­ ther Indemnities for cattle which reacted to the test un­ less the State matched Federal funds. 335 All funds raised by thii? levy are earmarked In the county treasury as the Bang 8 Disease Eradication Fund. Claims against the fund must be certified by the Depart­ ment of Agriculture before payment by county boards of supervisors. Each county auditor is required to render a report to the secretary by July 15 of each year shewing the total remaining in the fund as of July 1, If the secretary determines that the balance remaining in any county eradi­ cation fund is sufficient, with the State and Federal

-2 5 6 -

allotments, to carry on the work of eradicating Bang's disease for the ensuing year, the county auditor is so notified and the county boards of supervisors cannot make a levy for the Bang's Disease Eradication Fund* Whenever the county fund becomes less than twenty-five hundred dollars, the Secretary of Agriculture is notified in writing by the county auditor* No expenses in excess of the total In the county eradication fund can be incurred*— Laws of Iowa. 1939, Secs. 20-26, 336 Fpr the control of bovine tuberculosis, the State department and the Federal Department of Agriculture agreed to provide funds to the extent appropriated by Congress, the State legislature, and county boards of supervisors. All State funds estimated to be available for testing cattle for tuberculosis are prorated by the department to each county on the basis of the number of breeding cattle record­ ed in the county by the last assessor's records. The de­ partment also is responsible for securing a similar allot­ ment from Federal funds which are available for tuberculosis testing.— Code of Iowa.1939, Sec*2793* 337

Code of

338

J22&& i

339

Code o£

Iowa.1939, Secs. 2709, 2717, 2719# M

1939, Sec* 2680*

Iowa.1939, Sec.3059.

340 Iowa State Department of Agriculture, Pure Food - " , Bulletin Ho* 5—8 , 1939, op , 18-40. 341

Code o£ Iowa. 1939, Sec. 3100.08*

342 Iowa Department of Agriculture, Pure Food Laws. Bulletin Ho. 58, 1939, P* 6 , Hule 1 5 . The Secretary of Agriculture has established a rule that all grades relating to the quality of foods must conform with State standardsj Federal standards, or standards established by good trade custom, Federal standards have precedence over trade-custom standards, but State grade standards take precedence over both of the others.— Iowa Department of Agriculture, Pure F0 0 4 Laws. Bulletin No. 58, 1939, P. 6 , Rule 14 b. 343

Code of Iowa. 1939, Sec. 3227.

3 4 4

god. 8t lasa. 1939, SGC. 3226.

345 Code of Iowa. 1939, Sec. 3233. See also Iowa De­ partment of Agriculture, Pure Food Laws. Bulletin No. 5 8 , 1939, P. 4, Rule 9c.

346

-257Laws of Iowa. 1941 Ch. 130, Sec. 10*3*

347

Laws of Iowa * 1941, Ch. 130» Sec*

11*2*

fables of maximum tolerances allowable in the enforcement of the Agricultural Seeds Act may be establish­ ed by the Secretary of Agriculture who "may be guided In such preparations by the rules and regulations under the Federal Seed Act. "— Laws of Iowa. 19 4i, Ch* 130, Sec* 1* 348

Code of Iowa. 1939* Sec* 2649*.

349

CodeQf Iowa. 1939* Sec. 4062.22.

350 The Division of Animal Industry offers numerous examples of cooperation with Federal agencies* It is authorized to cooperate and arrange for assistance from the United States Department of Agriculture in the performance of Its duties.--Code of Iowa. 1939* Sec* 2643*9. Under this authority, the division has entered in­ to several cooperative arrangements. General authority to cooperate with Federal agencies is reinforced by specific authority to cooperate with the Federal government for the purpose of eradicating tuberculosis from all dairy and beef cattle in Iowa.— Code of Iowa. 1939, Sec* 2665* 351 All owners of herds of cattle keot for dairy or breeding purposes who wish to have their herds tuberculin inspected may make application with the Iowa Department of Agriculture. The owner must enter into an agreement with the Federal Bureau of Animal Industry and the State Division of Animal Industry permitting agents of either office to make the necessary tests* The owner further agrees, in consideration of services rendered, to abide by the laws of the United States and tho State of Iowa and all reasonable rules established by either agency for the control and era­ dication of tuberculosis.--Iowa Department of Agriculture, Statutes. Rules £ q £ Regulations £or iJie Control Contagious Infectious Diseases of Livestock* 1937* p p . 27-3o * 352 Memorandum of Agreement Regarding the Blood Testing of Cattle for Bang’s Disease in the State of Iowa by Cooperation Between the State of Iowa and the Bureau of Animal Industry of the United States Department of Agri­ culture in the files of Dr* J* A* Barger, Insoector-lnCh&rge, Bureau of Animal Industry# United States Department of Agriculture, Des Moines* 353 Cooies of these cooperative agreements are on file In tho United States Department of Agriculture, Bureau of Animal Industry, Des Moines. Copies may also be secured from the Division of Animal Industry, Iowa Department of Agriculture, Des Moines*

-255354 Letter from Dr* J, A. Barger, Inspector-inCharge, Bureau of Animal Industry, United States Department of Agriculture,, Des koines, June 18, 1942. 355 Code of Iowa, 1935, Sec* 4062.12;2. Statutes At i-»arge. Ch. 308.

See 3? U.S.

356

Code of Iowa. 1939, Secs* 4062.05, 4062.06.

357

Iowa Year Book of Agrlculture. 1937, P.21.

^ 352 Memorandum of Understanding between the Bureau of entomology and ‘lant Quarantine of the United States Department of Agriculture and the Iowa Department of Agri­ culture and the Iowa Agricultural Extension Service in the files of the Secretary of Agriculture, Des Moines. 359 Cooperative action was taken to control the chinch bug invasion which threatened Iowa’s corn crop. In 1940, the Iowa Department of Agriculture furnished storage tanks for cresote, rumps and handling facilities and established five ->ermanont cresote storage stations in areas most subject to chinch bug outbreaks, federal emer­ gency funds were made available to suooly the necessary cresote. Four field men to assist the extension entomo­ logist in conducting surveys and carrying on demonstrations for the farmers were provided by the Federal Bureau of Ento­ mology and Plant Quarantine. County agricultural agents also participated. The ease with which this emergency work was bandied indicates, to some extent, the wholesome coopera­ tive attitude which generally has prevailed between the de­ partments in the past years.— Iowa Year Book of Agriculture. 1940, op* 107-109, In cooperation with the Federal Bureau of Ento­ mology and Plant Quarantine, the Iowa division of Entomo­ logy carries on a barberry eradication program. By coopera­ tive arrangement, funds of the Federal bureau were utilized principally to cover administrative and supervisory costs* Works Progress Administration funds generally provided the labor, the county boards of supervisors frequently provided for the transportation of the workers, their equipment, and the chemicals necessary for the eradication program. .Ihe division generally supervises and coordinates the projects* — Iowa Year "Book of Agriculture* 1540, pp. 226 , 227. See also the Memorandum of Understanding between the Bureau of Ento­ mology And Plant Quarantine of the United States Department of Agriculture and the Iowa Departent of Agriculture and tho Iowa State College of Agriculture and Mechanic Arts in the files of the Iowa Depart-ont of Agriculture, Des Moines. 360 Memorandum of Agreement between the Cooperating State Agencies and tho Agricu tural Market in.: Service of the United States Department of Agriculture, providing for the

- 239Federal-State Inspection Service on Live and Dressed Poul­ try, Stc., effective January 1, 1940 (and confirmed each year by confirmation of agreement) in the files of the Secretary of Agriculture, Des Moines.

361 Memorandum of Agreement between the Agricultural Marketing Service of the United States Department of Agricul­ ture and the Iowa Department of Agriculture. Providing*for Inspection Service on Processed Fruits and Vegetables (effec­ tive June 30* 1941 and confirmed until June 30, 1942) in the files'of the Secretary of Agriculture, Des Moines. 362 Cooperative Agreement between the Cooperating State Agencies, Signatories hereto, and the Agricultural Marketing Service of the United States Department of Agriculture. Pro­ viding for Federal-State Inspection and Grading Service of Agricultural Commodities and Products for the fiscal year ending June, 1941 in the files of the Secretary of Agricul­ ture, Des Moines* 3 6 3 Letter from S. J, Murphy* In Charge, Grain and Seed Division, Agricultural Marketing Service, United States Department of Agriculture, to Mark G* Thornburg, Secretary of Agriculture, October 2, 1940 in the files of the Secretary of Agriculture, Des Moines. 3 6 4 Memorandum of Understanding between theAgricul­ tural Marketing Service of the United StatesDeoartment of Agriculture ana the Iowa Department of Agriculture, in the files of tbs Secretary of Agriculture, Dos Moines. Se - also, Iowa Department of.Agriculture, Agricultural Seeds. Bulletin Ho* 97a, 1940, p. 3 .

Inspectors of the Iowa Department of Agriculture are also authorized by agreement with the Foderal department to collect samples of interstate shipments of feeds which are turned over to the Federal agency for action against the manufacturer If the product is m 1sbranded.— Iowa Xoar Book of Agriculture. 1931, P* 59* 365

Code o£ Iowa.193S, Sec. 2603.03*

366

Coda of Iowa.i939, Sec, 26C3.05.

iresent aooointees, members of this committee are Bari Elijah (chairman) of Clarence; Clark Huntley of Charlton and Clyde Spry of Bronson.— Iowa lear Dook of Africa's ture. 1940, p* 3 2 0 The State committoe designates a chairman from Its own membership. It is empowered to employ an administrative officer and other assistants as it deems necessary and to determine their qualifications, duties, and com -.cnsatl' n. It

may delegate to its chairman or to other members of the committee such oowera and duties as it deems necessary. And the committee may request the loan of personnel from other State agencies and Institutions* It may hold hearings and establish rules and regulations to aid in the execution of the functions Imposed upon it by law. i-he committee has aroointed the Assistant Secretary of Agriculture to serve as its secretary, take the minutes or all the meetings, anJ send notices and Instructions to the district committees. Ho heed has existed for the appointment of any ether administra­ tive officers* This places the committee in close relation­ ship with the department*— Based on a letter from hark G> Thornburg, Secretary of Agriculture, April 13* 1942, and on a personal conference with Mr. Thornburg, June 12, 1942. 367

Code of Iowa. 1939*' Sec.

2603.05;4.

363

Code of Iowa. 1939* Sec*

.2603.09;10.

36>

Xowft Year Boofr o£ Agriculture. 1940, p. 325.

BIBLIOGRAPHICAL NOTE A surprising amount of primary source material Is available for a study of tho administration of the Iowa Department of Agriculture*

The activities of few other

State agencies are as well reported#

The Annual Report of

the Iowa State Agricultural Society Issued from 1854 to 1899 inclusively are a rich source from which to reconstruct the picture of the development of the Department of Agriculture# Since 1900# the Iowa Year Book of Agriculture* containing the annual reports of the department and related organisations# proves to be an excellent source for material on the growth and expansion of the administrative responsibilities of the department*

From the standpoint of administrative process

the many bulletins published by the Department are valuable* The Laws of Iowa contain all legislation affecting the depart­ ment#

However, the Code of Iowa for 1939 is cited as a source

for laws relating to the department In force at the present# Several secondary sources were consulted.

The

unpublished M*A* thesis of John H. Haefner, The Iowa State Department of Agricultures (1939), traces historical develop­ ment of the department and Its functions#

The Report on A

Survey of Administration in Iowa by the Institute for Government Research of the Brookings Institution (193:) Is an excellent study of the problems of Iowa government.

More

general texts in the field of public administration such as K. H. Porter’s, State Administration (1938), Leonard D. White1s

- 2^ 2IntrodnCtion to the Study of Public Acbalnlstrat1on (1939),

and W* F* Willoughby1s Principles of Public Administration (1927) were consulted as sources for the “principles of public administration11 against which the Department of Agriculture was tested#

The Rise of a Hew Federalism (1938),

by Jane Perry Clark is valuable for an understanding of the broader aspects of Federal - state cooperation*

For other

and specific references see NOTES AND REFERENCES* Finally, considerable reliance upon personal conferences with officials of the Department of Agriculture was necessary*

She available published material tella

orofusely what the Department of Agriculture does, but tells little about how it administers its responsibilities* gap was best filled by correspondence, and conferences#

That