St. Paul daily globe., 1890-03-16
ANOTHER OIL CASE.
Judges Young and Hooker Inter


pref Part ofthe Law of 1880.
The old fight between Deputy Oil
Inspector c. w. Lane and the North
western Star Oil company bobs up Sc
Tenely in the district court at regular
intervals, with scarcely mark to lndi-
cate that it has gray hairs and a patri-
archal beard. Another phase of the
fight was decided yesterday by Judges
Young and Hooker, when it was or
dered that peremptory writ OF man
damus be issued against Deputy In
spector Lane. compelling him to inspect
certain oil which had been removed
from railroad tank car to storage
tank for the muniticent fee of 40 cents.
Lane refused to inspect it, and the OIL
company began mandamus proceedings
to compel inspection. This phase OF the
case includes, &c e certain extent, the IN
depreciation of the state law passed last
winter. and is, Oh that account, OF I'M
menSe interest.
In his answer to the mandamus pro-
ceedingS Lane declared that he had re-
fused to inspect the oil because 1t had
been removed from the railroad tank
car before it had been inspected. con-
trary to the provisions OF the law of 1889:
He held, furthermore. that the law OF
1889 fixed the fees for the inspection OF
oil at the rate of 40 cents for fifty gal
Ions, and that the oil company
offered him only 40 cents when
he was entitled to have Sl.20.
oil is inspected in railroad tank cars,
every fifty gallons shall be considered
barrel, and that the fee for inspection OF
oil in tank ears shall be 40 cents per
fifty gallons. as provided by law. This
case involved the question as to whether
Oil can be removed from railroad tank
cars before it has been inspected, and
whether the provision for every fifty
gallons being considered barrel ap-
plies equally to storage tank and
railroad tank car.
In the law governing the inspection OF
Oil, passed by the last Legislature, was
embodied provision reading as fol-
lows:
"The inspector of illuminating oils and his
deputies may inspect and lesL Illuminating
oils in tank railroad cars, so called, while
standing on the track. and such OIL shall not
be transferred into warehouse or storage
tank or unloaded until it has been so m
contained i'll any such tank shall exceed fifty
gallons each fifty gallons shall constitute a
barrel or package and the fees for inspecting
he same shall be the same as prescribed for
ne barrel or package.
On this provision the deputy Oil in
spector based his refusal to inspect the
oil which had been removed from tank
car to a storage tank, but, under the
construction Rput upon it by Judges
Young and Hooker, he interpreted it in
correctly. They held that the law
passed IN 1889. quoted above, provides
for mode Of inspection not exclusive
of, but in addition to, those pre-
scribed by the general statutes In
force before. The word may"
of the 1889 statute, they hold to
indicate that the owner of oil may have
his oil inspected before removal from
tank car, and that the inhibition of
that provision is confined wholly to
eases where inspection in tank cars is
desired. They do not believe that the
trainers of the law intended to deny to
the owners of oil the right to remove
their wares from ears to the warehouse
or storage tanks; neither do they be-
lieve that the law was passed for the;
purpose of providing means for secur-
ing revenue for the state or to provide
a large income for any public officer.
Moreover, they further decide that the
meaning of the term package" as pre-
scribed by the general statute heretofore
In force, is not at all affected by the la W
of 1899, and that storage tank, of what
ever size. is It's much a package. in the,
meaning of the law, as barrel. Size,
does not enter into the matter at all.
Looking upon the questions as they did,
the Judges decided that Deputy Oil In
spector Lane should be compelled to i'll
spect the oil in the storage tank for one
fee of 40 cents.
The Northwestern Star Oil company
has been fighting the oil inspection law
and the deputy inspector right along
since the statute became a law, on the
ground that the law provided for eX-
cessive fees. This decision is victory
for the company and one which will
enable it to have its oil inspected with
out the payment of 50 much money as
to make the oil business Improbable.