The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-07-22
To the Hon. 2. COLLINS LEE,
Judge of the Superior Court

Judge of the Superior Court
Of Baltimore city
The bill OF complaint of Henry NJ. Waried respectfully
showeh That your and a certain Solomon B. Da
yies trading under the and style of Davies War
hed did ON or about the ninth day of July, A d. 1855
at the Corn Exchange contract with certain William
Pawson of the city of Baltimore purchase of
by said Pawson at said Corn Exchange the city of Bal
more and which lot parcel of wheat the said Pawson
hundred and twelve bushels, less That by the
terms of said contract then and there agreed upon
your orator and his said trading
the one part and said Pawson of the other part said
Pawson to receive therefor dollar for each and
pushe winch the SAID lot or parcel of wheat should
| contain.
Your orator further showeh said lot or parcel of
wheat had just arrived by water conveyance from the
Eastern Shore of Maryland was there for the first
time offered for sale in this city That consum
nation of the said contract the wheat was brought
on days to the warehouse of orator and his said
partner in the city of Baltimore same was therein
deposited and Immediately thereupon certain William
Frazier inspector general of grain in and for Baltimore
city, was duly notified by said Pawson as as by the
captain of the vessel in which said brought
to said city, that the same then ready for being
measured and weighed in conformity with the require
ments Of the law in such made provided and
the said Inspector General and there apped
by the said Pawson and the said Captain cause said
wheat to be legally measured and weighed according
law and his official duty in the premises; and the said
Frazier then notified where the said wheat was in
order that he might the be and
weighed aforesaid and the said Frazier then
said Pawson and the said Captain said wheat
measured he would weigh it by weighing
out ofevery sixty at that rate and would not weigh the
same in any other manner
Your orator is informed and so charges that the said
wheat had previously to its being brought said
house been inspected by the said Frazier Inspector
General by some of his Assistant Inspectors but
whether the same properly inspected in the
required by law your orator does not know OF his own
knowledge but the contrary he charges that the
was not properly inspected in the manner required by
law.
Your orator further showeh that waiting rea-
sonabe time for said Inspector General to the said
wheat to be weighed and hearing nothing from him.
orator addressed him letter dated July g. 1858
same day and your orator then wrote to him second
letter dated on same day and received from him writ
ten reply also dated on same day and your orator there
upon wrote third letter to him, also dated day,
all of which will fully appear by reference to the
written by orator herewith filed, marked exhibit
and prayed to be taken part of this Bill of Com
plant and orator charges that all and each of said
etters passed between and duly received by the
parties to whom they were respectively addressed
That finding from the said correspondence well as
the oral declarations of said Inspector General re-
ported your orator and his said partner by said Paw
SON. that the said Inspector General plainly and unequv
ocally refused to perform the duty imposed him by
law, by causing all of said wheat to be weighed and
being under obligation to take the Wheat according to
said contract in view Of the wifu omission of the
said Inspector General to said Wheat to be weighed
and of his default to the to be measured
Your and his said copartner trading aforesaid
did to take the wheat and determine its quail
ty and weight in accordance with the prevailing in
said city prior the General
Assembly creating the office of Inspector General of Grain
and regulating the inspection and weighing thereof in the
said city, and being unable by such default and omission
of the officers appointed by law in this behalf to obtain
the legal weight of said wheat directed by law your
and his said coparner did then accept said wheat
and pay the price stipulated therefor in accordance with
such prevailing usage and wthoutthe intervention or
agency of the said Inspector General or his assistants in
respect whatever far relates to the weighing and
measuring of said wheat.
Your orator further showeth and charges that
quence of the position taken by said Inspector General in
the correspondence aforesaid and his utter refusal to eX
the mandate of the law creating his office, and
scbing in plain language the duties to be performed by
him towards the trading and business community of the
city Of Baltimore your orator and his said partner as
well all persons engaged in the business of buying and
selling wheat and other grains subject to the operation oil
the law regulating the Inspection of Grain in the City OF
Baltimore, are unable carry their legitimate business
and trade with official operation Inspector
General and his assistants contemplated and required
by the legislation of the State in the premises and it be
necessary for your orator and his said
well as all other engaged like business to
either abandon their lawful pursuits and means of live
hood by suspendng all their business operations to
proceed as they best may to purchase and sell grain
brought to the said city for sale without the official weigh
| ing thereof contemplated and required by law.
Your orator and his said partner have BEEN in
sequence of their attempt to continue their business pur
suits aforesaid and especially because of their carrying
out and executing their said contract with said Pawson
ANONYMOUSLY arrested at the instance and by the pro
curemen of said delinquent and recusant Inspector Gen
eral a criminal charge wherein said Inspector General
transcript docket entries marked exhibit
exhibit CO. certified to by W II. Hayward, Esq, the
Justice of the Peace before whom said charges now
pending and before whom they fixed for hearing
Saturday the seventeenth day of July 1885, at o'clock
Your further showeth that similar charges have
been brought at the instance of the said Inspector General
nformer therein against several other business men
and good citizens carrying their lawful enterprises in
the city of Baltimore, and your orator and his said
partner well all other persons engaged in the Grain
business in said city, liable to be daily haassed and
oppressed by constant repettions of the similar
charges set foot by the said Frazier, unless your
tor his said coparner and other persons protected
by the neposon of your honorable Court against the
oppressive and veXatous proceedings aforesaid set
| foot by said Frazier, as informer.
Your orator is advised and charges that far the
said Frazier seeks to derive benefit as inormer from in
stituting and prosecuting said charges against
is competent and proper for your Honor to interfere
by way of Injunction and by restraining all further
ton by said Frazier as nformer otherwise in the
premises until the further order Of this Court and until
he is willing perform and discharge, according to law
| the public duty imposed on him.
Wherefore and nasmuch your orator is remediess al
and by the strict rules of the Common Law and only
have adequate relief in the premises in Court of Equity
and especially because the said conduct of the said Fra
zier is against conscience and equity and exposes your
orator to daily and at the instance
of said Frazier who your orator charges threatens
continue his said annoyances and prosecutions and IN
view of the doubt whether your orator successful
ly defend himself at law against said prosecutions so sci
foot by said Frazier such nformer and to the end
that said William Frazier (who is prayed to be made
defendant) may be restrained and enjoined as
| inormer from further prosecuting said criminal
charge against your orator until the further
order of this Court, and that your orator may
have such other and further relief as may seem right and
proper May it please your Honor to grant the States
writ of injunction against the said William Frazier,
joining and strictly prohibiting him from further proceed
ngs normer otherwise in the prosecution OF the
charge pending before W. H. Hayward, Esq, Justice
the Peace against orator, and referred to in lex
hbit B'' also from institutng setting foot, in
former otherwise similar charge against your ora
until the further order of this Court and also the
writ of Subpoena against the said Frazier, now OF Balt
city, commanding him. &C. &c. and as in duty bound
'0-' Isignedl ROBERT J. BRENT
JOHN NELSON,
| Complainant