The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-02
I coNTINuEp FROM FIRST PAGE. ]


isting for many he says hiy by wHT ;s
enc Dushel of wheat in TO bushels was weighed anu III @
way the index weight of the wheat was Determined d.
between the buyer and seller. 81. .
Upon representations no doubt OF the inequality unccr
tauty, and in Justice sometimes, OF uls ioue "a ~
wheat, the Legislature at its last session passeu w
question whose ohec was as understand it, to provide
uniform and just mode of ascertaliiis - sS 20
nace betu a' ,b hnver and seer-the farmer and the
gentlemen the Corn Exchange an impartial officer OF
the law, with duties Defined anu '' A'''i''"i Pe'o"
ances secured by a bond and an oati
Re,re te massage this act wheat mad been weighed
80 - and in the fifth section declares that the said
.,siau also CAREFULLY weigh and determine the
WEIGHT mot of wheat which might have left 1T doubtful
w. is aid not leave discretion to weigh, by the
@ e busheI in siXty,) bM shall determine the
h, Of ali lrrt that shall be inspected by them or car
at reas nable and proper COST proper weight and
go - eject the purpose herein contemplated' &c
~ ,r..s after much reflection my inability TO rive
49, othsr meaning than these words import.
fIr, the passage Of the law all 1chedt had not been
wegheI-by the law it is made imperative as duty of
the inspector to remedy this, and weigh all ayheut
brought Baltimore for sale and then provides him
with the apparatus or scales for performing this duty
Rnt il has been ngenously argued that the Legislature
intended by this language only to indicate the old mode
Of weighing one bushe in sixty;--if So why furnish
him with scales, after requiring all aoheat to be
The evil complained of under the old system was the
loss sustained by the seller and farmer very often one
bushc Weighed would not correctly it could not give
the true weight OF the bushels not weighed. To prevent
therefore any loss injustice the Legislature adopted
the only plan that could attain this object and that was
the weight Of all The qctect
Now, agree that where the words of statute and its
meaning are doubtful well established usage can be in
vokgd explain or interpret it, but where the language
Of the law plain and explicit then the Court must CON
strae II ny IT'S terms and not by usage custom
Ihere would have been fact necessity this law
OF no cement IN 1t the usage which it before had pre-
vailed IN the sale and purchase of wheat had operated with
equal Justice upon the dealings of both parties For find
on examining carefully the sections of this Act that it
looks to the establishment equal and impartial and
osherested tribunal for the inspection thereafter and
the measuring and weighing grain in the city of Bati
more Guarding as far possible, the rights of both
ser ana buyer, and intending to introduce system
IN the place of the old
II the purchaser had been satisfied with the old svste
sle iarmer had not and to establish better one was
aoupeSs the purpose OF the Legislature. If however
e view and the position assumed by the respondent the
inspector General be the correct one and the construction
10 the law by him the construction the act for
poses except as revenue law land that would be
J was unnecessary and should not have been passed
because the Inspector General and his assistants d no
Ie under IT than was done before its enactment In
perform. " N"'i'' ~
On the whole cannot adopt such reasoning and re-.
garding the law beneficial and lust act Shall con
strue it by its words carry out its Obvious in
tents ~ means all, and nothing less
with these impressions and views thus briefly ex-
pressed, with but little time for critical examination
OF all the authorities good grounds for dis
solution Of this injunction, which prevents multi
Pci OF suits and further litigation until the highest
court IN our State shall finally expound this law and
give us guide for our steps and lamp for path"
10 the respondent; its dissolution may subject the
palnant to great incOnv and loss Higher consider
atoms than mere individual rights wrongs are, think
involved in this case and in judgment the shortest
and most satisfactory should be adopted
have this law interpreted and the duties the Inspector
General Of Grain defined and performed the one hand
and the rights and liabilities of large and most respeca
BILE class of merchants and farmers determined by the
highest au hority in the State If / wrong there
fore, in my present decision, the Court of the last
resort in this State will be able to my error
i believe, however, am right, and shall continue this
injunction