The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1890-08-30

ions with reference to the duties and pow
ers of the commissioners of railroads Over
the grain interests Of the state that are
ISL and chapter 1sS Of the laws Of 1890 still
in force, except so far as chapter 1877 Is
modified by the provisions of chapter 1888; |
section IA Of C hapter 1877 requires every
public warebOuseman 10 procure q license
from the the county auditor Of the respec.
tive counties at q fee of 81 for 1000
1888 requires such public warehOuseman to
procure a state license from the commits
siOners of railroads and the fee is fixed at
$3.50 per 1000 bushels of elevator capacity
or major fraction thereof, and that no IL
cense shall be issued for less than $25. |
l am Of the opinion that chapter lSs: being
the latter expression of the legislative in.
tent, necessarily repeats the provisions of
IA of chapter 1877 and that the IL
cenSe fee now required is at the rate of
$3.50 per 1000 bushels of elevator capacity
as provided in chapter 1888. 1t Is claimed
by the elevator companies that the execu-
ton ss@ OF any license liz tb fee in addition addition to . tas
upon the assessed valuation of
their property is unjust. It is further
claimed chat the provisions of section 10 of
chapter 1877, which requires areceipt issued
for any kind of grain the quality Of which
falls below the highest standard, not only
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shall likewise expressly state how many
cents per bushel below the price for the
highest grade such grain shall be bought
at when sold, Is al unlawful restraint OF
trade, and therefore void.
They further claim that the maximum
rates fixed in section % Of said chapter lS7
for receiving, elevating, insuring, storing
ana delivering grain are unreasonable and
less than actual cost thereof to them and
that said act is upon that ground %uncOnsti-
tutiOnal. The constitution of the United
States M of this state guarantee to every
person engaged in a public business the
right to receive u reasonable compensation
this right Is expressly recognized in sec
ton 9 of said chapter 1877, which provides
that such public WarehOuseman Is entitled
to receive a reasonable charge per bushel
for receiving, handling, storing and insur-
ance charges. II, then, the claim made by
the elevator companies that the maximum
rates for warehOusing are unreasonable
and less than cost, the Law to that extent
would be unconstitutional and void under
the decisions of the United States supreme
court. Or, if the requirements of section
10. requiring such WarehOusemen to state
upon the face of each receipt how many
cents per bushel below the price for the
riOr grade as contained in such receipt Is
an unlawful restraint of trade, then to that
extent the law would be void.
These are all proper questions for the
court in any action. civil or criminal.
brought under the provisions Of said act.
The law is now well established that
portions of an act may be unconstitutional
do not think that the provisions Of sections
10 and % are so intimately connected and
related to the rest of the act that their
being held void would destroy the validity
of the act, and am therefore Of the opinion
that the balance of said act Is valid n
may be enforced, even though for the rea-
sons sons t above Suggested IL th e, court courts snsn n0sId
tutional and void. l Am also of the opinion
that the provisions of chapter 1873, requir-
ing public WarehOuSemen to pay a reason
license fee in addition to their regu-
larly assessed taxes is a valid exercise of
the Legislative power, and that the Zee
unreasonable. Said chapter 1888 hav-
ing in my opinion repealed that portion of
chapter 1877 with reference to the prOcur-
ing of a license from the county, also re-
pealed the provisions of said chapter re-
quiring the giving of q bond, and that there
Is now no provision Of law in force In this
state requiring public w~arehOusemen to
give bonds. Respectfully submitted,
GEO. f. GOODWIN,
Attorney General.
After duly considering the opinion Of
the attorney general, the claims of the ele-
vator people and the general grain ship
ping interests of our state, we deem 1t x
and proper to adopt such line of
business policy as will enable the present
crop of grain to be placed on the market to
the best possible advantage and to prevent
. general disaster which would result from
. grain blockade, we recommend that the
elevator companies take out a state license
as provided in chapter 1888, and issue re-
ceipts for the storage and handling of
grain under the same rules and regula-
tiOns heretofore in force, with the addi-
tional provision that one.fourth cent per
bushel for each fifteen days shall be paid
In case said receipt be presented by other
than the original owners OF grain.
From such investigation as we have been
able to make we believe the rates named
In section %, chapter 1877, are 80 much less
than the charges at Minneapolis and Du-
luth that to attempt to do q storage bust
ness would result in filling up all our
by foreign holders to the K
of our shippers; and that section 10,
chapter 1877, requiring the naming of the
price of difference for a future market on
the lower grades is practically prohibitory.
and to endeayor to enforce these proyi-
siiions would result in a general obstruction
to grain shipping and q serious loss.
Our powers of general supervisors re-
naming in force, we believe we can 10 d.
rect and control the distribution of cars
and correct and adjust any errors and ir-
regularities as to protect the best interests
Of ell, and should this. our recommends
tons, be adopted by the elevator people
we feel confident our people will heartily
endorse and uphold U efforts to protect
their interests until the next Legislature
may relieve us from the conflicting and UNI
reasonable provisions Of the existing ele-
vator laws Of. our state. BY the board,
HARVEY HARRIS,
Secretary.
Turned by Bensins.
ST.. Paul, Aug. 27.-A little before
midnight as the watchmsn was making
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