, 1870-04-11

al than only the right to mix the grain of
part. Il Is The mixture Of the gsains Of
various owners that transfer it in effect,
though not in law, to the wA1shouseman, to
deal with pretty much az be pleasea Every
intarost and effort Of the wasehouseman are
against "private warehousingr as defined
by the above act, and it has only been by
peculiar influences, and in the case Of spe-
cia} qualities Of grain, that shippers and
conngnees have been abls 70 pro
cure separate storage for any grain what
ever. But shippers still have the Legal
right TO keep their grain separate, and to
obtain return of their own grain If they
demand it, In the case Of grain above the
various grades in quality this right
may be worth four or Eve cents q
buahel to the owner. It. is very
doubtful whether, il the warehouses were
held strictly down to their duties a. sto.ers,
they would not manage to give separate
storage to very much more grain than they
do. But they prefer, Of course, systom
which permits them to speculate and gam
bic in all the grain they are storing, with
such superior facilities for controlling its
price as askimilates their game, in point Of
honesty, to that Of the player with loaded
dies.
But Mr. Cary asks the Constitutional
conyention, By the above first section, to
make all tho vArehous;ng done in the State
public wazehounng. He aboliahes the
right Of an owner Of grain to keep it sepa-
zste from thss Of other owners, after It has
ouco gone IN bulk into the car Of rail-
road company. We do not hesitate to say
that the above first section Is An enormous
blunder. It would impair the risha
Of tho producers Of grain by.
millions Of do11Ara- II is one which
the rai1vay-elevator combination could at
ford to pay millions Of dollars to obtain,
for it would not only confer upon them the
right, but would make 1t their duty, to mi1
the grain Of different owners in all cases
whatsoever, It would greatly injure Chi
cago, as every shipper Of better qualities of
grain than the grades, OF wLo for any rea-
son wanted 10 avoid having his grain mixed,
would have to send it to some other mar-
ket, There ia no legal meaning to the
term "public warehouses" except those in
which the warehouseman has the right to
mix the grains of different owuers. When
Ms. Cary proposes, therefore. that all the
elevators In the State where grain is stored
for compensation shall be public ware
houses, it is charitable to suppose that he
does not know the meaning Of the terms
be uses,
So far as any members of the couven-
tion may indulge tho pleasant hope that
clause in the constitution will in some nnys-
terious WY enforce itself, without the
necessity Of any suits being brought by
grnin-owners, they are mistaken. II a
man, or clnss, fail to- defend their legal
rights in the courta of law, when those
rights are invaded, the very invasion Of
their rights Will, by long usage and tacit
assent, work change in the Law, even
though it be part Of the constitution, AND
become itself the law. There are no rights
in this world. of my kind OF for anybody,
except for those who assert and maintain
them The only difference between puttingn
! law into the constitution and into the statute
DO nooAs 's III maane " LESS essay repea'aoie.
me neanS OF en'osc'ng II remain the
s"no. ;,
,s oe1'taole ts'ae tne osaee oHeets
snoo'o oe empowered OF required to en-
'otee sne nsnss o. the Peg
pie against the railroads gratuitously,
sa taey eniofce me CRIMINAL LAWS OF the
e0ae ana thsousn me ssme ohoera taat Il
moae OF redress wholly omlaed fom MI.
GasS article, anu Enfca might Will some
propr'etJ clam place IN the constitution
ne a1e NOT prepared ~ present to say that
"ene e1aa'e n. 1eaoA.'ne a.o a'.otneJ "eae1a!
~ eae s'|a1e anu 'a' osa.e A1'osness oi
eouAus, ~ p'osa W eue eolnplalnt OF
Nns 10uc44 sel'e.~ ".,Aa. my 1an-
loau company ""4>'n s.o4.1'4 'O7 oae'es ~ q
eovn ea.4,s' " ast Ans "eaoase-
4lAu Nno t,olAseo tls oa,'t4 as q common
1''fet' r.leA' ~ no' oe iooio enecuSe III some
e1s$'s' Ansfe @ no criminal processing
noNe'el' WIG" enus ~ u 1oas1nent com
psn1os VIC e"4ap'atn securing n1s
4-nu' " teaop'ns .ue -, ''eienuane " perform
ua.s " eeinny VIII ~ opnsA''on, ana
w. .o0os = ~. n' "-lgn "o'ia pe III
ns1eo ~ l''@s'se W salioaa o. "11e~
oa'o e ~ 40 o4i'e' "oa'u 'es'sen
40 A y. A'1on.ne 'neta ~ pei1oi'n
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