Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-08-29
An Agreement Arrived at Whereby
the Elevators Will Receive
Grain for Storage.
The Board of Railroad Commission
.a ers Succeed in Bringing Form
Out of Chaos.
The State License Will Be Paid, and
the Price for Storage Remains
y as Heretofore.
A Self-Explanatory Circular.

line recent meeting or the railroad
commissioners with representatives of
the elevator ompanies-together with
the opinion of Attorney General Good
win-resulted in a compromise which
will make the elevators of North Dakota
public warehouses again, and thus re-
ieve those farmers who desire to store
their grain from the necessity of ship
ping to eastern markets as soon as their
grain is threshed. The laws passed by
the last legislature are ambiguous and
conflicting - some of the provisions
doubtless unconstitutional. The whole
matter has been compromised, and the
moral support of the railroad commits
sioners will be exercised in behalf of the
elevator companies should any question
arise in the next legislature as to the le-
gality of the action. By this compro-
mise the state license will be paid, no
county license or bond required and the
charge for storage will he the same as
for the two years past, instead of the
prices fixed by the act of last winter.
The following circular explains itself:
To the Pubic:.
In view Of the existing difficulties in ref
erence to the conflicting provisions of the
elevator and warehouse laws of the state,
s we would make the following statement:
{ A conference was held with the elevator
companies in Minneapolis, Wednesday,
August 13, 1890, at which they claimed that
they could not do business under the exist
ing laws for the following reasons:
First. That the rates of storage allowed
under chapter 1877 are unreasonable.
Second. That section 10 of chapter 1877,
which provides that "when storage re-
ceipt is issued for any kind of grain, the
quality of which falls below the highest
Standard then such storage receipt shall
expressly state how many cents per bushel
below the price for the highest grade, such
grain shall be bought at when Sold" is an
unreasonable provision and an unjust
restriction of trade.
Third. The uncertainty of the conflict
ing laws providing for license laws re
quiring three different licenses being on
1 the statute books.
n Being unable to arrive at any conclusion,
the attorney general was asked for writ
ten opinion as to what laws are in force in
North Dakota governing elevators and
warehouses and the buying, selling and
storing of grain, which opinion we quote
in full: Ill.
OFFICE OF ATTORNEY GENERAL,
BISMARCK, N. D. Aug 13, 1890. !
Harvey E. Harris, Esq, Secretary of the Commits
sioners of Railroads, Bismarck, North Dakota.
DEAR SIR: Complying with the request
y of your honorable board, of the 18th inst,
for my opinion as to what laws of the
state Of North Dakota are now in force
governing elevators and warehouses and
therein. ! beg leave to say:
When the first legislative assembly of
\ the state of North Dakota convened there
y was in force chapter 1870 OF the general
4 laws of 1887, the same being general law
Z fully covering the subject of the control of
selling and storing of grain in the state OF
n North Dakota. The first act passed by the
h late legislative assembly upon this subject
3 was known as house file No. 1876 which, re-
sceiyed executive approval February 13,
1880, and appears as chapter 100 Of the
4 SOuOAuA laws VI 1o5U. l. Ills w DIS dill dluCuu-
nent to section 4, chapter 13O, of the laws
&of 1887, more specifically defining public
{ warehouses and repairing additional du-
ties. Is The next bill that became a law up
on this subject was known as honse file
No. 30, approved March s, 1890, and appear
Ing as chapter 1877 OF the general laws Of
II 1890. This act covered all the main prOyis-
: ions of chapter 130 Of the laws Of 1857 and
was apparently intended as complete re-
vision and codifcation Of the laws of the
state upon the subject of buying, selling
4 and handling Of grain of all kinds. Ont the
q 31st day of March, 1890, two other acts
4 upon this subject received the executive
L approval.
I One known rs house file No. 265 was an
act to regulate warehouses, inspection,
weighing and handling Of grain. This ap-
pears in chapter 1873 OF the general laws Of
q 1890. The other act approved upon this
date was known as house file No. SO and
provided for the licensing Of public ware
houses and appears as chapter 1873 of the
!. public laws of 1890. There is also another
a5act, chapter lS9 of the public laws, pro-
'Eyiding fol. the erectiono OF grain warehouses
on rail lrOad rights. of-Way. AS this law has
no relation to the buying, selling, storing