, 1874-02-04
THE WAREHOUSE DECISION.


bo charged for tho storage Of grain, nnd required
warohousomon TO tako out 1consos and give
bonds for their faithful compliance will. tho Inv.
Mum l. Scott, thou doing business rs waro-
l,ousemon, refused to take out this liconso and
give this bond, md wero indicted, adjudgod
guilty, and fined 800 eac1l. An appeal was
taken to tho Supreme Court, whore tho caso ]iaH
been twice areuol. Tlat Court has finally
affirmed tic Judgment Of tho lower Court, and
tho opinion delivered by Chiof-Justico Drccse
and tho diasonting opinions Of Justfcna Nc
Alliator aud Scott will be found In THE TRIBUNE
this morning. Tho points mnlo by tho defendants
woro, tlat tho INV waB unconstitutional, because
IN conflict with Clauso 2, Of Article 2, of tho
State Constitution, which provides that mo
person shall bo deprived Of life, liberty, or prop
erty, without duo process Of law;" aud, nlso,
with tho other clause, that "privato property
shall not DO takon or damaged for public ,,so
without just compensation" II waa also claimod
that tho law was repugnant to tho Fourteenth
States. Tho Court oyorrulo al thoHo points, aud
decide that tho aet OF tho Legislature is oonsti-
tutional and valid. Tho Court hold TINT tho
fixing maximum rates was doomed necessary
by tho Legislature to combat an unjust autl op-
pressivo monopoly or combination among tho
warehousemon and railroad companies, by wlicl,
all grain waH porforco delivered ut those waro-
houses. whore the rate charged was solely ut
tic discretion Of the combination. The
Court admit that in tho exercise OF
the power to regulate, tllo Legislature
cannot destroy private property, but they hold
that this regulation Of warehouse charges docs
not destroy the property docs not deprive thom
of any Of thoir antecodent possessions, or tho
uso Of thoir warehouses, nor deprive them of
fair remuneration OIL their capital invested
llomoto mud consequent injury from tho exercise
Of the proper functions of tho Government call
not. thoy say, bo held to be q deprivation Of
property, or q violation Of tho Bill OF Rights.
The power Of the State extends to all matters of
legislation not prohibited by tho Constitution
aud, when the Legislature finds tho warehouse
men combined to impose upon producers aud
t.
aud that the public are under tl.lress and obliged
to submit, 1t cannot be said to he uB,1rpation OH
tho part Of the Legislature to bring such
warchousomon into aubjoction. All regr-
lations Of trade impair tho value Of prop
erty aud reduce profits, but do not for that
reason fall uuder the constitutional prohibition.
Tho Court say :" The law must 10 held to be
one potcnt effort on the part Of the Legislature
to arrost great and growing evil by regulating
tho charges which thoBo warehouses shnli do
mand, aul placing them under bonds TINT thoy
will not violate its proyisions. Tho Court illus
trato the exercise Of this power by the Logiala-
turo Of the States fixing tho rate of interest Oh
money, tho tolls Oh feyries, and at public mills
also in delegating to municipal corporations tho
power to regulate tho charges Of hacktnou and
draymen md say TINT " u Government tlcsti.
tuto of the power to regulate them. to impose
such restrictions upon them az may DO doomed
necessary to promote tho greatest good to the
greatest number, would bo but tic shadow Of a
Government whose blazonry might we'll ho q cup
and bols and pointloss spear"
dissenting opinion by Judge A1cAllistcr
holds thut the 1aw il unconstitutional because
it really does destroy the property of cltizon,
and because thoao warehouses;, being auxilarios
to commerce between tho States, arc beyond tho
regulating power Of the State. 1Io contends
TINT it is not uecesnary that tho act should con-
fiscato and destroy the property but, il it de-
stroys it in part, tile sano power further oxer-
ciscd might destroy It altogether, and, thore-
fore, such power cannot rest with the Logsla-
turo. Judge Scott merely Expresses his dissent
from the judgment Of tho Court.
Tho decision announced by tho Court, ilve JUS
ticcs coucurring, il very serious ono. BY anal
ogy it recognizes the power Of the State to pre-
Bcribo maximum rates to bo charged by railroads
or by Any corporation or person deemed by tho
Legislature to bo q monopoly. It III not likely
that this will bo tho end of the litigation in
question. Meanwhile it is rualo plum that when
tho people Of tho Fifth District elected Craig
they elected u maj jority Of tho Court.
Much as tho principle here laid down may DO
objected to, md 1t il opon to grave politcal OBJ
1cctiona, there wllba little sympathy for the waro-
houBcmcn. They have put tho public Mt defiance,
and maintained monopoly Of tho most olous
character. They have not only charged what
they ploascd, but Aayo combined with tho rail-
roads to exclude and prevent competition, aud
to compel the public to deliver grain wherever
the combination directed. After many yours Of
endurance, and aftor submitting to many frauds,
tho people took au appeal to tho Legislature, as
last resort. The warehousemou, by their
grasping policy, forced tho issue which haa pro-
duced this decision, and tley have only thenl-
solves to thank for 1t.
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It seonla TINT Abby Smith, tho cow woman Of
glastonbury, Inns an Inherited right to attract
popular attention. Her father was u mi,stor,
then lawyer, mud, finally, q mild sort OF