The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26


may be provided by the railroad and warehouse
commissioners; and the said commissioners
shall have power to ix the rate Of charges for in
spect1on OF grain, and the manner in which the
same shall be collected, and which charges shall
DO regulated In such manner a. will in the
Judgment OF said commissioners. produce suffi-
c1ent revenue to meet the necessary expenses of
the inspection service. and no more; said rail-
road and warehouse commissioners shall FIX tho
inspector and deputy inspectors, aud prescribe
the time and manner Of payment thereof: which
compensation shall be paid out of the grain in
spectton fund, hereinafter created. on the order
OF the railroad and warehouse commissioners.
SEC. g. No chief inspector or deputy in
spector OF grain shall. during his term Of SER
vice. bo interested, directly or indirectly, in the
handling. storing, shipping, purchasing or SELL
Ing of grain, nor shall he be in the employment
OF any person or corporation Interested in the
handling. storing, shipping, purchasing or SELL
SEC. 20. Upon complaint in writing Of any
person to the railroad and warehouse commits
tory proof that the chief inspector or any Of his
deputies have violated any of the rules pre-
scribed for his governments. or has been guilty Of
any improper Oflclai act. or has been found in
efficient or incompetent for the duties OF his
position. said person shall be by said railroad
moved from Office.
SEQ ~. Any person who shall assume to act
as an inspector OF grain. who has not first been
so appointed and sworn. shall be held to be an
| impostor. and shall be punished by fine Of not
| less than fifty go dollars. nor more than one
hundred 400 dollars, for each and every
fore justice OF the peace in an action Of debt
in tho name Of the State Of Minnesota, for the
use Of any person choosing to sue.
deputy inspector OF grain who shall be guilty Of
any neglect of duty, or who shall know
ingiy or carelessly inspect or grade any
otbsr
directly Indirectly for any NEGLECT Of dntY
any improper performance OF duty as such in
properly influence any inspector Of grain In the
performance of his duty as such inspector, shall
be deemed guilty of . misdemeanor. and on con-
viction thereof shall be fined not less than one
hundred (lOO) dollars nor more than one thou
sand Il ,OoOl dollars, or shall be imprisoned in
the county Jail not less than thirty 800 days nor
more than one ~ year, or BOTH In the discretion
Sec. 81. The charge for the inspection aud
weighing OF grain shall be and constitute .
lien on grain 80 inspected, and whenever such
grain is In transit the said charges shall be
treated Is advanced charges, to be paid by the
common carrier In whose possession the same Is
SEC 3d. The decision Of the chief inspector
or any OF the deputy inspectors as to grade OF
unless an appeal is taken from such decision as
hereinafter provided.
SEQ g. In case any owner, consienee or
| shipper Of grain, or any warehouse manager shall
be sggrieved by the decision OF the chief in
spect0r or any OF his deputies, an appeal may be
had to the railroad and warehouse commission
misstOners shall be final, and the railroad and
warehouse commissioners are authorized to make
all necessary rules governing such appeals: pro-
vldeu. that the party appealing shall pay to the
chief inspector a sum not to exceed five (5) dol
lars per case before said case he entertained
which sum shall be refunded in case such case
SEC, 35. In case any owner or constance Of
grain shall be dissatisfied with the inspection Of
any lot OF grain. or shall from any cause desire
| to receive his property without its passing into
store, he shall be at liberty to have ths same
withheld from going into any public warehouse
| whether tho property may have previously been
consigned to such warehouse mott by giving
| notice to the person or corporation in whose
possession it may be at the time of giving such
notice; and such grain shall be withheld from
| only to such proper charges as may be lien
upon it prior to such notice-the grain in rail-
road cars. to be removed therefrom by such
owner or consiGnee within twenty-four CD
hours after such notice has been given
| to the railroad company having it In
possession. Provided. such railroad company
| place the same in proper and convenient
place for unloading; and any person or corpora
| ton refusing to allow such owner or consignee
| to receive his grain shall be deemed guilty of
or consignee double the value OF the property so
converted: Notice that such grain is not to be
prletor or manager OF any warehouse into which
| 1t would otherwise have been delivered; and if,
after such notice, it be taken into store in such
warehouse, the proprietor or manager of such
| warehouse shall be liable to the owner Of such
grain for double its market value.
SEC. 80. 1t shall be unlawful for any proprie-
tor, lessee or manager of any public warehouse
| to enter into any contract, agreement, UNDER
standing or combination with any railroad COM
pany or other corporation, or with any individual
| or lndividuals, by which the property of any
| person is to be delivered to any public ware
house for storage or for any other purpose, con-
trary to the direction of the owner. his agent OF
| Sec. 81. The railroad and warehouse commits
| etoners shall, before the fifteenth u5th) day of
September in each year, establish grade for all
kinds OF grain bought or handled by any public
| warehouse in the state which shall be known az
minnesota Grades; and the grades so estab-
sed snail be published in some daily
| Minneapolis and Duluth, each day, for the space
OF one week.
SEC So it shall be tho duty of the chief
inspector of grain to furnish any elevator OF
! warehouse in this state standard samples of
grain, established by the official inspection,
| when requested SO to do by the proprietor, les
see or manager thereof at the actual cost OF such
| sample.
SEC. 80. It will be the duty OF the railroad
exercise . constant supervision over the grain
| interests OF this state; to supervise the hand
| ling, inspection weighing and storage OF grain
to establish all necessary rules and regulations
| for the weighing, grading, inspection and appeal
| on inspection OF grain, and for the management
| OF the public warehouses Of the state, as far as
| such rules and regulations may be necessary to
enforce the provisions Of this act any law OF
this state In regard to the same; to investigate
| all complaints of fraud or oppression In the grain
trade and to correct the same as far as it may be
| In their power.
SEC. 40. The aforesaid rules and regulations,
not being contrary to the provisions Of law. shall
| be published by said railroad and warehouse
! commissioners in daily paper in St. Paul, Min
neapolis and Duluth, and shall be in force and
! effect until they shall be changed or abrogated
! by said commissioners in Z like public manner
SEC. Al. All moneys collected by state grain
| Inspectors, WetRhmasters and other officers, as
herein provided for. shall by them be paid into
SEQ. a. It shall be the duty Of the treasure,
| Of the State OF Minnesota to receive all moneys
aforesaid and all fines and penalties collected by
| virtue OF the act, and to keep separate account
Of the same, ana to pay the same on the order OF
the railroad and warehouse commissioners, and
| not otherwise.
| SEC. 43. The attorney general of the State Of
| Minnesota shall be ex-OfficiO attorney for the
railroad and warehouse commissioners, and shall
from time to time require. and he shall institute
| and prosecute any aud all suits which said
| railroad and warehouse commissioners may
| deem expedient and proper to institute, and hi
shall render to such railroad and warehouse com.
! missicners all counsel, advice and assistance
necessary to carry out the provisions Of this act
| thereof.
In all criminal prosecutions against q ware
az for the Of my Of tho
| county attorney Of the county In which such
prosecution IL brought to prosecute the same te
SEC. IL Nothing in this act shall be 90 con.
| strued % to prevent any person from selling
grain by sample, regardless Of grade.
| SEC. A. Chapters ninety-f1ve (95) and ninety.
dred and seventy-nine (lS79) are hereby re-
pealed.
SEQ. 46. All acts and parts Of acts, general OF
special conflicting with this act are hereby re-
| peated.
SEC. AZ. Tho sum Of ono thou sand Il .OOO]
! dollars, or 80 much thereof Is is necessary ia
| carry out the provisions Of this act, ia hereby
| appropriated out of any money In the state
| treasury not otherwise appropriated.
] SEC. 48. But the provisions Of this act shall