St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-10-19
NOT SIN 9TH AS OIL.
A Disgraceful Situation Re-
speeting the Inspection
of Oils.
Fer Which a Republican Leg
islature Is Wholly to
Blame.
No More Church Sociable Lot
terieS to Be Printed in
the Papers.
West Siders Strike a Snag in
One OF Their Improve
mentS.

A most chaotic state of affairs is eX-
listing at the present time as 10 the ill.,
spection and testing of illuminating
oils as provided by the laws of Mime
sofa. The tangle is most serious one.
and is likely to lead to dangerous COM
plicationS. In 1876 law was passed
by the legislature creating the office of
chief inspector of Illuminating oils.
The inspector was empowered to APP
point deputies, who were with him ell
titled to collect certain fees for
testing each barrel of oil brought
into the state. A few years
ago the oil companies introduced
the practice of shipping Oil into the
state i'll tank cars. As result law
was passed last year which defined the
amount of fees to be collected Tor iu-
speeding these tanks, each fifty gallons
OF oil being reck0ned as barrel. The
new law also fixed salary for the chief
inspector, and provided that his depu-
ties should collect a certain salary
from the fees paid, turning the balance
over TO the chief inspector every month,
who should make a report to the state
auditor of the work done in his depart
ment. at the same time paying over
the balance of fees. The new law
worked very satisfactorily for some
months, and a certain amount of money
was paid into the state treasury. In the
early part of this year, however, one of
the oil companies doing business in th5
state Thought that they could eonStrue
the law SO that they would only be
compelled to pay upon tank OF oil the
single fee for examining barrel OF
package. A lawsuit was entered in The
district court of Hennepin county,
and the result was that a ue-
eiSiOn was rendered in favor
of the Oil company, declaring the see
ton of the law fixing the fees upon the
fararltv OF tank uncC Institutional.
The inspectors under the new law had
collected 20 cents upon each fifty gal
Ions OF oil contained III the tank, and as
the average contents of each talk was
$4,000 gallons the amount paid 10 the i'll
SpectOr was S2U0 per tank. The fee for
inspecting "a single barrel, caSk or
package" was 30 cents, ana the decision
given in the district court defined tank
as package III the meaning OF the law,
and that the fee for inspecting a tank or
package Was 40 cents.
What was the result?
The deputy Inspectors throughout
the state saw their salaries vanish like
the mist before the rising sun. No ap-
preparation had been made Ivy the leg
lSlature for paying the salary of the
chief Inspector. and a serious state of
affairs resulted. The deputies resigned
their positions, and the inspector, reaiiZ-
ing that he could not carry on the work
without deputies. placed his resigna-
ton in the hands OF the governor.
The governor was placed in peculiar
position. The constitution said JlIaC he
must see the laws are carefully carried
out. Here was law providing tor the
inspection aud testlngOf oils, yet legal
decision had knocked the, whole thing
out. The governor sent for the heads
OF the various oil companies doing bust
ness III the state, and, with the chief in
spector, talked the situation over. One
part of the law certainly had to be car
ried out. and that was the inspection and
testing of oils. No oil could be sold in
the state without bearing the stamp of
the Oil inspector, but there was no
money in sight to pay for the work.
The companies found that unless they
had their OIL inspected they could not
sell single gallon. So, for their own
protec ton, they agreed to pay the sal
AIRY of the chief Inspector ana of Ger
tain deputies. The anomaly is thus
presented of state officials tranSacIing
the business of their Office to certain
extent, and being paid for their serv-
ices by private individuals.
Ii these private individuals decline to
pay the inspectors the work OF inspec-
ton will stop. OF course, the oil COM
panleS will not and cannot stop bust
ness, yet, if they sell Oil without having
II Inspected 10y the officials appointed by
the state. they are liable 10 nne. On
the other hand, the law says oil must
be inspected, the salaries of the ill.,
Spectors, excluding the chief inspector.
to be PAID from the fees. But the de-
clSlon of the district court of Heunepin
county has destroyed the main source
from which the fees were derived, and
only allo wing 10 cents to be collected
for all inspection under law which the
legislature intended should bring in
fee of $500. In many parts of the state
Oil is being sold which has never been
inspected because there is no inspector
ID that particular county to do the work.
No person in connection with the mat
ter can be blamed. The chief inspect
or cannot be held anSwerable, for there
Is no money to defray his expenses to
the particular spot where the Oil is To-
Gated; the oil companies are not liable,
for 1t is the duty of the state to provide
inspectors, and the companies can only
be fined for willtul neglect in not hay
Ing the oils inspected.
1t Is doubtful If such state of affairs
was ever contemplated when the laws
were passed. and the next legislature
will, no doubt. thoroughly revise the
statutes. Perhaps the simplest way to
settle the question would be TO pass
law appointing certain number of in
spectors at salary 10 do the work.