CALLAWAY COUNTY AS & C. COM. v. MISSOURI AS & C. COM.

• Citation: 122 F. Supp. 541
• Decision Date: 25 June 1954
• Docket Number: No. 506.,506.
• Parties: CALLAWAY COUNTY AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEE et al. v. MISSOURI AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEE et al.
• Court: U.S. District Court — Western District of Missouri

122 F. Supp. 541

CALLAWAY COUNTY AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEE et al. v. MISSOURI AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEE et al.

No. 506.

United States District Court W. D. Missouri, Central Division.

June 25, 1954.

Baker & Baker, by Frazier Baker, Fulton, Mo., for plaintiffs.

Edward L. Scheufler, U. S. Atty., Horace W. Kimbrell, Asst. U. S. Atty., Kansas City, Mo., for defendant.

RIDGE, District Judge.

The matter presented to the Court by the amended and supplemental complaint herein revolves around the dismissal from office of the individual plaintiffs, as members of the "Callaway County Agricultural Stabilization and Conservation Committee" under the "Soil Conservation and Domestic Allotment Act". 16 U.S.C.A. § 590h(b). Their removal from office was by action of the "Missouri Agricultural Stabilization and Conservation Committee" allegedly pursuant to rules and regulations promulgated by the Secretary of Agriculture perforce the provisions of the Act.

It is difficult to determine the true nature of the action the individual plaintiffs here seek to maintain; that is, whether it is one brought for a declaratory judgment, or injunctive relief with respect to their claimed official capacity as members of the "Callaway County ASC Committee," against the individual defendants in their official capacity as members of the "Missouri ASC Committee," or whether such action is sought to be maintained by them as individuals against the individuals named as defendants. It may be inferred from the allegations of the complaint, as the defendants do, that this is an action between two "agencies of the United States under and by virtue of the Soil Conservation and Domestic Allotment Act," and hence this is a suit by the United States against the United States. However, we shall treat it as an action by the plaintiffs individually against the individual named defendants. The plaintiffs do not clearly allege any facts, or undertake to point out to us how or what right they have to maintain this action in their claimed official capacity, and we will not assume they have any such right. That the relief sought is not such as would accrue to the benefit of the United States, is readily apparent. For that reason, the official status of the parties, as set forth in the caption and body of the complaint, will be henceforth ignored.

Stripped to what would appear to be its essential, or pertinent, allegations, the amended and supplemental complaint charges that at the time of the bringing of this action the plaintiffs had been dismissed from office and suspended as members of the Callaway County ASC Committee, by the Missouri ASC Committee. The plaintiffs charge that the Missouri ASC Committee presumed to so dismiss and suspend them, pursuant to regulations promulgated by the Secretary of Agriculture under the Soil Conservation and Domestic Allotment Act. Plaintiffs assert that the regulations under which the members of the Missouri ASC Committee so presumed to act in the premises are invalid and illegal in several respects. One such general claim is based on the proposition that they were duly elected to the Callaway County ASC Committee, as provided in the Soil Conservation, etc., Act; that by right of such election they became members of said County Committee; that the Soil Conservation, etc., Act contains no provisions for their removal during the period for which they were elected; that rules and regulations promulgated by the Secretary of Agriculture pursuant to said Act, making provision for the removal of such elected officials, is not authorized by the Act, or any other statute; therefore, they assert that the action of the Missouri Agricultural ASC Committee in removing them from office is and was illegal for fourteen reasons separately alleged in the complaint.

By the Soil Conservation and Domestic Allotment Act, 16 U.S.C.A. § 590h(b), the Secretary of Agriculture is given authority to "make such regulations as are necessary relating to the selection and exercise of the functions of the respective committees," provided for in that Act "and to the administration, through such committees" of the program there established by the Congress. Pursuant to that statute, the Secretary of Agriculture issued certain regulations pertaining to "County and Community Committeemen" respecting the performance of their duties and removal and suspension from office. See 18 F.R. 1699, 1703. We shall not undertake any detailed analysis of these regulations except to say that it appears therefrom that any member of a county or community committee may be removed from office, for certain stated reasons, by the State Committee pending an investigation; or removed from office "if such action appears to be necessary for the success of any program administered by the county committee." A right of appeal and hearing is provided for any employee so removed.

After the individual plaintiffs were suspended from office they sought a bill of particulars of the charges made against them by the State Committee and demanded an open hearing thereon. When this suit was commenced on April 29, 1954, the plaintiffs had not been granted any such hearing. Subsequent thereto, on May 6th and 7th, a hearing on such charges was held, and recessed for further hearing on June 15, 1954. The amended and supplemental complaint was filed herein on June 1, 1954. Whether such recessed hearing has been held and what action was taken thereat, we are not informed.

The foregoing is sufficient to give the setting in which that action is brought. In light thereof and viewing the action that the plaintiffs here seek to maintain, either as one for a declaratory judgment or as one for a mandatory injunction, we do not believe that this Court has...