Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-07-10


nsOnsh the United States Circuit Court
for Minnesota rendered q decision d.
rectly at variance with the decision rem
dersd In this Territory VIII you
please give il plaoe in your oolamns ?
W. h WHITE.
Minneapolis Tribrne. July l, 1885
Judge Nelson, OF the United States
Circuit Court st st. Paul, yesterday.
rendered an Spinion in the important
case OF A. O. Hospes, Scrveyor General,
W. James OBrisn ct al, IN which be
refuses 10 dissolve the injunction and
dismiss the suit on defendants motion.
Fnis IL q yietoFy for the Surveyor Gene
raj The folloWing Is q brief statement
spinion: IA
United States District Coart, District Of
Minnesota, June term, 1885:
The Law is not unconstitutional and
void, for the reasons assigned.
The following is the statute:
Section IS. Title 8. Chapter 81, Re-
vised Statutes, Minnesota. IL shall
be the duty Of the Surveyor General of
the First District TO SCALE or caused 10
be 90 4lsd all RATS, brails or lots of logs
which may pass down or through Lake
Sc. Croix before passing oat Of said
Lake St. Cr0ix, also all RATS, brails and
lets Of logs run through or gathered
into any side b0oms or lake booms for
saving or other use within said dis
srist, Subsequent 10 the scale OF the
st. Croix boom corporations boom and
before using or passing out Of said
Lake st. Creix. and all parties having
logs in his or their possession which
have not been scaled By the Surveyor
General as set forth in this section,
shall, before saving, using or ruRninR
away said logs, give notice 20 the sa1E
vsyor General in due time, that he may
eause the same TO be sealed. All logs
thus sealed shall be catered on the
Surveyor Generals books in their
proper places"
providing for the inspection Of logs.
IL answers the latest defiaition pro-
mulgated By the Supreme Coart Of the
United States.
In People VI. Compaguie Gen. Trans
atlantic, l07 United States, page 81,
Justice Miller, delivering the opinion
speetion Something which can be
or measuring the thing to be in
specied. OF applying 10 IL some cracial
test
II Is not void for discrimination. II
for aay cause In the Judgment Of the
Legislature of the State the public
good required this lac 20 be applied TO
particular lumber district, II i within
Its discretion 10 80 apply it. TIE Legis-
latnrs IL the sole judge Of the exist
ence Of such canse, and courts should
sustain the lag IL 10 can be upheld,
upon any view of necessity which may
have been in the legislative mind. Inc
State derives no revenue from the
measurement and scaling of logs, and
the only object Of the lag is to ascer-
tain whether the LOGS are DC for com
merce and 20 protect the citizens and
market from fraud.
This lay IL not in violation of the
commercial clauses Of the consultation
Of the Uaitsd States. Sach legislation
nov exists, or has at some time existed.
in nearly all the States. Persons and
property are subject 10 restraints to Sc
cure the general comfort and prospect
~. Laws regulating TRAFFIC and msr.
chandise of all kinds are on tbs statute
books of all the States. They are i'm
pediments and restraints Of trade in
some sense. bat not necessarily for that
reason regulations of inter state or for
eign eommsrce within the meaning of
the consultation.
While 10 ID inconvenient TO be ham,
pered with inspection Of this particular
article OF commerce. q court for that
reason should not abrogate the Law.
The correction h With tbs Legislature
Of the State. In Michigan boards Of
trade are authorized 10 appoint inspect
ors, and the general inspection by State
officials is repealed. The laws Of New
Ysrk compelling inspection Of merchan.
disc was repealed In 1888. aud late. the
constitution forbid the enactment Of
such laws except in defined cases.
Without pursuing the subject further
/ am Of the opiRion that the Law is
valid, and has not been repealed.
Motion TO dissolve the Injunction and
dismiss the suis Is denied.