, 1875-07-07
GRAIN INSPECTION FEES.
Opinion that They Are DEMONSTRATIONS
a1 and Void.
Too Much Protection Given Producer and
Shipper.

NlRAlohOfRt nHHlpGr OF tn8 TaColF6tb VI H'@t"
tonol In q request 10 JAm,a r. loot for hta
Vows OIL Tho legality OF tho inspection feoa' And
tho right 10 make them lion on the grain in
spccted. The following ID m abstsacs Of Ills
opinion on tho question:
Tho CONSTITUTIONAL Convention felt TINT moro
than Ordinary remedies wero necessary to pro-
tect great md growing insoroat In tho State
aud therefore Article XIII. OF tho naw Const!tu-
ton WAS at1opto1, entitled "Narohonsos." pro-
yidipe for public elevators tho inspection OF
grain, tho duties OF railroad companies. tue pro-
lection OF prodnosrs, shippers, and receivers OF
orain and produce oto. Mf. noot said he Tas
not disposed to quarrel with thoae provisions Of
the Consultation, % thoy wofo within lis porors
Without apy tlo1nite Legislative oppression. 1t
any force WAS to ha Rivan to thntn At all, tt vaa
On Tie ground tut tho pooplo Of tho State
spending to their teuora1 Assembly, lad ansran-
tced to "prolqcora, ehppurs, and receivers III
grain md produce Tint protection which was
supposed to result from syato1n Of Gralu-ta-
epect!on.
now THAT GUARANTEE WAS To DE- ENFORCED,
and xna to pay the oSpcnAcH.was thon to DO con-
siao1eti. Tho TveHts.seyes.tls General Assembly
rasactl al. act eutit1od IAN act to rsgulate pub
Ito warehouses and tho wsreho1,eiiE nnd insRoc-
tiop OF qtnin, and to givn effect to Arb. XIII.
OF tho Conatitution Of this Btate." That It
would seem. wss to be afaw fer tue pTotocttton3 eta
grain Inspector WAS to bo appoltlted n every
ctr which hnd warehouso of olass IA, haF-
tuE general supervision or tho inHpoction Of
gratl, under tho advice 81 tho n1aTa o. G%@. 1s
board was nsso To havo pnNar to ilx tho ra1os OF
charges for inspection OF graio 60 as to proonea
sufficient rcvol!ue to meet tho nocessarg
expenses OF tho service OF inapoetion .I an n@ n@
grain 10 inspected. and uiigltt DO cnliectoa OF
tho owne1a, RECEIVERS, or aLlppors or tue Gtain
Iii sncfl nlauner % tho Commissioners might
provide.
Tint tho fees ~ nov cullecteti autl the len
which By tho statute attached tn tho grain wera
iilegal and void:
atatn, anl held the oHnora. receivers, or HhsE'-
ikun roapqpHitto t1crefor. In short, lpstDad OF
being d protection 10 tho ownefn and psssois
dealing IN crutI, tt thrust upon thcm blrtlnli
1xoporty which demanded tho protection Of lie
taw. The Constitution PROVIDED that tho Ge1l-
cral Assembly should paHs laws for the tnBpeo-
ton Of grain. "roz tho protection Of producers,
shipEors and rocc1vrrs."
THE RESULT
uns a. statute providing for tic inspection Of
grap oBteubipIy to protect, but at tho c1pcnse
IT tho prntectcd. 4 constitutional right WAS
posed tho benohts Of t,lat right should 10 rad
for by tl,oso WHO should hase tho bono'lt. When
t1o Btata proposed TO protect tho pnope
''agat1.st unjust DISCRIMINATION or oxtortloa
ty rsi4roads, il did not provide TINT sufferers
Should hare their property mottgayed 10 rnise
TIC fnnsls With which " enforce that protectou'
WAS 1t over heard Of thnt ownera Of housot
Rl,ould submit to lieu on .their,, prop
who caught tho burglar On their j,-fn,4aes
IAa elective frauollSo was l7Rht Runranteot
" Tho Constitution, and Mhal, must be rso
tec.cd by the pnt,he. protectan was net q con-
~, 4i.,.A nj at salt
to QUO aud withholding it until pad 10, from III
Thy Constitution, in lis Judgment, wss
Violated bY 4 Law
6f,tch, ptt]cr tho Euito Of protection, rGnpirci
ono clasH Of property to contribute money no
required by Ruotl1r class, The people Of th
whole Stato hal guaranteed protection tn tn
shipper snd owncr Of grahi. md tLo pooplo VIII
tbpir owD sxpensp, Tbs Grain inspectors wa1
appo,ptal by THO public authorities The ship
ref mud oNnos had no VOICE ln tlo selection
i1o had 20 appeai from she decision 2
standing by and xaslug his gram tanluh into tAi
air. BHa,}oWeI up by 3 horde Gf inspectors.
wAa, contrary to tle lett.x Of tho cons.itutio
and tto srint Of tho ago: Tho o~ner per mgi
corp, slad get himho1f protected into tho bana
rurt court aud al,o poor-houso, antl tho pan,e
tho tsoa Should ho Changed from "inapeetior
foes" to clotcctfonfoes. II tho COMMISSIONS,
ONLY \ QUESTION
Of how much tho owner eau got AWAY With.
ONO Inspestor could lo appointed. twenty coul
bo, or d hundred. and tho fees and lions ii
vaucod oyaty Tina tho Department meets with
znishsp, Of i business .fcu oa. where would /
tho cnd Of the buHipeBaf
The Grain 1nnpector wes public officer. II
'Inapeeion Department was q Department
tho State Government, and 1t wsa iu no seut
local. but for tho benefit Of Ail tue people OF Il
State. Tho cxpenae OF Tho department sllou
ho borno by tho State, and tho aaiaries paid
Tho law giving to tho Railroad and WaHehons
Commissioners tho power to liz tho faea, ~
making them lien was void, tor tho acncr
,AaBerb1Y lind
10 rowEn 70 pElEoArE rnE1a AUTHORITY.
-of delegate to nuy oitlcer the power TO ti1 bu
1at1a at a particular husineas. The Con,n,i
plonclh wcro not q municipal body, not iogiat
tye 9cstf rot jna{ffa yet thoy we1s suI
]nws. Tho spttik Of the Constitution clearly /
dicatod tha& tho iaw mas to liz
fSes. and nos any officer 1eslgnated by law, =
asnorsl assembly asing nnor n3 ;hu co1stt
hracing overy foo fot orery Hervlco to be NJ
formed by avery Public otIorr, and the ptese
instance waa tho olly une where an sttotnpt b
baen made to copfor thus exclusively logss'ati
duties Of An administrative otlca. Tbs Coz
nuiaaiouors we're not local Of municipal officer
they wore not county OF township officers, and
they NERD otsccrs warranted by tha Constitnti
tlley must DO State oflicers. Tho inspector n
knpointod by tho Governor and cpnnrruot III I
Bsnata. He wAa not town or cossnty oiiic
md II he wexe either his fscs must bo fixaa
law, X aa was State oilcez then ho must
to bis feea bo governed by Boz. IA. Thu
therefore, authorizing tho Com1nlBaioner to
thb fneA oe nspectton, was an unwAsrented do
EaAou 0t Legislative poHBr.
,dencraly spohAing Courts did not look Y
fsVor on leglslation #hich sought to in,pt
speclhl burdens On particular clasa Ut poo
seu particular kind Of property.
,1hs inspection foes With the freight, ins
Aaest And commissions, we1s charged up seai
re grain, and under tho present Warehouse
Aeptoducer, to avoid 10 much protection. III
sseK market in sothe city In Hin
Mnefe theEo waa no !" warehouse at class
u = Sero true that no State couid pass any
0oktae 70 m hterfnrence With commerce.
saean ths Htstea, ttsb tho paoplc Of Anuas
Aaa Wlsconaia should llKye tho right to Hsi tt
gfe19 au I'll The eitita Of Illinois alike sod 10.
required to submit to any
DISCRIMINATION
sxeaps such ~ Tho laws of trado establish
1ho law A. 1t NOW stood Disseminated aRai
Chicago. Thla cisy vas uodo1 cloud which
ANAL n