The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-02
HENRY NJ, WAKEFIELD vs.. VIM. FRAZIER

The questions presented for my decision very
esng not only as it regards the construction public
law operating upon important branch otrae but also
from the application o. a remedy which it is insisted that
court of equity can only give.
shall, therefore, briefly possible state the con-
cusion to which have after hearing the able argu
ments in this case
The complainant is merchant, engaged in the pur-
chase and sale OF grain in the city Of Baltimore and in
his bill praying for the injunction Ito dissolve which the
Present motion madc forth that July he
contracted at the Corn Exchange with certain William
; Pawson for the purchase Of lot parcel of wheat rep
resented by sample then exhibited by the said Pawson
estimating the wheat contracted for at one and
contract aws0n was to receive therefor one dollar for
each and every hushel which the said lot of wheat
taned and that The said wheat had just arrived from the
Eastern Shore Of Maryland and then the first time
offered for sale in the city oil Baltimore
That before this Of purchase was
the wheat was brought to the warehouse of the complain
ant and Deposited and Immediately thereafter the defeu
S ~ " rI1Z5r' inspector General Of Grain in and
Ii m e Sly oi 4'allm"e was duly notified by the said
Pawson that the wheat ready to b. measured and
weighed in conformity with the laws of the State and re
qNeSted the deiendaut as such Inspector General
sure and weigh the said wheat according to law and per
form his official duty in the premises
Nhe!eupon, the said defendant replied that after the
sald wheat was measured he would weigh it by weighing
one bushe out OF every sixty at that rate and would
no. weigh it in any otacr manner.
The complainant then alleges in his bill that after wait
ing reasonable time for the said defendant to have the
wheat weighed, and hearing nothing from him, he ad
dressed letters to him the subject which correspond
ence IS hed with the bill and expresses distinctly
views of both the complainant and defendant as to he
construction OF the Act OF 1898, creating the Office
sector General of Grain and duties which it imposed OF
the defendant as Inspector General.
The complainant then alleges that being unable to oh
tain the legal weight Of the said wheat that he was com
PEELED to accept the said wheat and pay tie price stpu
lated III accordance with pre-eXsting usage which
had prevailed prior to the passage of the Act crcating
tie Office of Inspector General of Grain and this wa,
done without the agency of the defendant or his
ants, as it related to the weighing and the measuring
the
The complainant further alleges that he was then arrest
ca at the and by the procurement OF the said in
sPector Gen FRAZIER on criminal charge upon the i'll
formation of said defendant before Mr. HAYWARD jus
tce oil the peace for the city of Baltimore appears by
thcproceedngS before the said the exhibits
(5 and G. duly certified and made part OF the bill
Pending which, and before final Judgment thereon by
Sald justice of the peace, the complainant prayed that an
Injunction should be granted and asked the nterposIon
OF the court as court OF equity to prevent the luer
prosecution Of said proceedings by the defendant and re-
straDing him informer otherwise from insttntng
any further proceedings against the complainant IN the
| premises. until decision hy this court -
Upon the allegations and prayer OF this hiH an m
junction issued the 10th Of July 1s5S. To this
bin the defendant filed his the Z3d of July
and protesting against the jurisdiction OF the court an
-
july 1855, between the complainant and William $. Paw
SON for the purchase of lot of wheat stated in
compliments bill and does deny the ayerments of
same in reference to said contract.
The defendant Inspector General of Grain for the city
Of Baltimore admits thahe received notice the wheat
ready to be weighed in obedience to the law in such
made and provided and that in his official capacity
Inspector enera then called on to measure and
weigh the same and notified where it was deposited
and that he informed Pawson and the captain of the
sci who brought the wheat from the Eastern Shore of
Maryland that after said wheat was measured lit having
been previously nspectedl he would weigh the same by
weighing one bushel out of every sixty that rate
and would not weigh the same in any other manner
The respondent further answering states that wheat
in question was inspected in strict conformity to the law
regulating the same, and that at time as the letters
filed with the bill show, did he refuse to perform the du