, 1874-02-16
THE WAREHOUSE DECISION.


THE WAREHOUSE DECISION,
It is undoratood that tho warohousomon Of
thfB city havo implied to tho Supreme Court for
rohearing OF tho Mum Il Scott caao, which
terminated recently in tho decision that tho
Warehouse law, fixing their charges for tho stor-
ago Of grain, is constitutional enactment. In
asmuch as there have boon two hearings Of tho
cuBe already, 1t is at least doubtful whether
third wilt bo granted; nor is there any ground
for suppoaing that different decision would bo
rendered IT It were granted. The Wow present.
cd In our columns shnst time since by Afr. G.
Z. Culver-vlz., that II the railroad mon and tho
warehouse mon together tako tho grain Of ship
pors without tholr consent and mix 1t with othor
grain as to destroy its identity, they must ex-
eroise this power subject to conditions pro-
scribed by law-is so forcih1e TINT public opiu-
ion, 60 far as 1t reaches the Court, will weigh
heavily against any reversal Of tho position al-
ready takeu.
It will be remembered that tho Northwestern
Railroad IN tho Hompstead case, and tho Alton
Railroad In tho Vincent case, claimed tue right
to deliver tho grain Of all shippers on their ro-
spoctlve lines to certain warehouses, md ro-
fused to deliver to my other warehouses. They
also refused to allow cars to bo uuloadod by
wagons On tho track. Grain must 20 into
warehouse willy nilly, and bo capped with cents
storage on eycry bushol. Moreover, the superior
and tho inferior lots muBt 60 in together. The
owner Of grain worth q fow cents moro than or
dinary No. 2 must contribute this extra yauo to
bring up the average Of another lot worth or Q
conts less. No words were allowed on tho sub
iect. Tho grain was inside tho elevator before
you could soy Jact Robinson, and you could
take your receipt or not, ss you liked.
Speaking about tyrauny-the Warehouse Inv
is called tyrnnnical, and no confess We do not
like to SEQ the principle established TINT the
Legislature may denominate thing monopoly
and then establish the ratcB which 1t shall be
allowed to charge-we have never been able to
conceive moro systematic and calling tyranny
than thtB. Practically, there is no escape from
1t. II the shipper sends his grim to milwaukee,,
ho must pny perhaps m extra amount for
freight, and oven thon ho falls into the jaws Of
the Same Kind of a monopoly there. Ho hns no
moro control over his property, mud no more
choice In it's disposition, there than here. Honce.
respects dangerous decision on the ono hand, we
have to face an omnipresont and hitherto invul-
nerablo monopoly Oh the other.
The warohousemen themselves may perhaps.
Hhow us why out Of the woods. They aayo
every reason to boBtir thomaolycs They layo
to choose between allowing tho State to fix their
rateB Of storage and allowing other people to
como into the buainosB, SO that 1t Bhall no longer
bo o monopoly. Tho decision Of the Court iB
expressly prodicatcd on tho monopoly featuros
Of grain warohousiug. Take this element out,
aud tho decision falls. But 30 long as this OLE
mont is rotnined, there is no likelihood that tho
Court will change 'front.' Meanwhile, let the
Railroad mud Warehouse Commissioners enforce
that part Of the law which requires the Weighing
Of grain at the stations whore it is shipped, and
holds the railroads rosponslblo for tho delivery
OF the identical amount to tho consignoo, and lot
tho Legislature pass Inv providing that all sur
plus grain found in public warehouses, over and
above the amount Of receipts outstanding, shall
10 sold for tho benefit Of tho State, and the pro-
cceds deposited in tho Treasury. These two
moaglres. when enforced, will inHure t1at tho
shipper shall got pay for every pound OF grain
ho puts on the cars and We shall hcar no more
grumbling about shortaso-which Aas bepn o
moro fruitful source Of complaint by far than
the ratea Of storage.