St. Paul daily globe., 1891-09-05
Attorney General Spencer
Says the Railway Commits
Sioners Must Act.
It Is Not Their Province to In
vestigate the Laws Con-
stitutionality.
Suggestion That Cars Be In
spected Either at Day or
Night Time.
The State Line Inspection Is
Limited to Four Principal
Cities.

Speclal 10 the GLOBE.
GRAND FORKS. Minn., Sept. z: At
torney General Spencer is In the city
tonight to confer with Commissioner
Walsh and Chief Inspector Winman.
The latter goes to Fargo tomorrow to
begin the duties of wheat inspection.
Attorney General Spencer's decision
follows:
First-As to the law relating to public
warehouses. The Legislature of this state has
passed law known as the public warehouse
law (chapter 126,s flaws of 1S9D. By this act
you are authorized, and il is YOUR duty to
supervise the handling, weighing and storage
OF grain, and 10 establish all necessary rules
and REGULATE ms for the weighing of grain
and for the management Of the public ware
houses of the state, as far as such rules and
regulations may be necessary to enforce all
the provisions of law relating thereto in that
justice may be done TO the producers of this
state and oppression by the elevators avoided
You are to be the judges as to what rules
and regulations are necessary to carry out
the intent of the law.
The Legislature of 1890 passed law among
other things. for the inspection of grain and
the establishment of North Dakota grades
(chap. 1SS, Laws of lS9J) Section 80 of said
chapter provides, among other things, that
lit will be the duty of commissioners of rail
roads to assume and exercise constant super
vision over the grain interests of this state,
weighing and storage of grain; to establish
all necessary rules and regulations for the
weighing, grading inspection and appeal on
inspection of grain, and for the management
OF the public warehouses of the state, as far
as such rules and regulations may be neceS-
sary TO enforce the provisions of this act or
any law of this state in regard to the same;
TO investigate all complaints of frauds and
oppression III the grain trade, and to correct
the same as far as 1t may be in their power"
The law under both of said chapters fully
provides the manner or procedure. 1t is evil
dent from the action taken by the legislature
OF this state, that the elevators were oppress-
ing the people, and something must be done
to prevent eXtortion and depression of the
grain producers, and it has fully expressed
such intent in The laws above referred TO.
There is no ground for misconception of the
intention of the legislature. The authority
TO carry out the intent of the legislature
must be vested i'll some person, and in its
wisdom II saw fit to bestow this duty upon
the railroad commissioners. Your duty is,
therefore, plain and clear the law is manda-
tory and subject to no doubtful construction.
Therefore, 1t is your sworn duty to enforce
the law as you find it on the statute books
II is not your province to investigate or doubt
Its constitutionality (another body or tribunal
exists TO determine the legality of laws
namely, the courts)
In accordance with said laws, you have
adopted code of rules relating TO the Vari-
GUS subjects. / have carefully examined said
IuiSs. anu, III my OplulOn, All come Wltnln
the law, except as hereinafter referred to.
1t seems TO me that that provision III rule Ii.
page z, limiling all charges and commissions
TO not exceeding cents per bushel, also
rule Is, covering the same point, are not war
ranted by the law; Also the last provision on
page S, rule 15 which allows the elevators
nothing for storage, if the tickets are sold to
the elevators within Is days. This is in di-
rect conflict with section II, chapter 126,
laws of 1892 which provides that the storage
ETC., for 20 days shall be 2 cents per bushel.
would suggest that rule 26. on page IS be
mod1hedtso as to cover inspection of trains
at night as well as in the day time, thus ere
ating little delay. | don't believe the courts
would require trains 10 be held at points of in
specron during the whole night. This
would surely be an unreasonable time to
delay them. and work great damage to their
business. But if your rule is modified so as
10 inspect the cars at all times during the
twenty-four hours of the day, then there
would be no valid objection to the short
delay required for inspection. don't know,
but 1t seems to me that if grain cannot be
inspected by artificial light, it could be
taken from the car the car properly desig-
mated, and the wheat SO taken from said car
inspected the following day
AS to rules 80 and 81, page 81 would
suggest that they be modified in each, rela-
tive to the inspectors breaking seal. in case
of refusal of agent or conductor to open
cars; in substance, that i'll case the con-
ductor, agent or other person having charge
1l.lI
pany can be compelled so 10 do by man.
damus, as provided by law. This would be
the better and safer method of procedure
The other is doubtful, if not imperative, to
say the least and besides, we want to pro-
ceed in accordance with the law, and not by
force.
Under the law think it doubtful for the
railroad commissioners to pass rules govern
ing inspection other than at the four places
mentioned i'll the law-Grand Forks, Fargo,
Wahpeton and Fairmount There is no valid
reason why they should not have such DOW
er, but the peculiar wording OF the statute
seems. to limit inspection to the points
named,
1t has been suggested that compromise
be made with the elevators to the effect that
test case be made, and pending said case
the elevators be permitted, by consent of the
railroad commissioners, to go on and do bust
ness in violation of the law until its legality
was determined. The suggestion, coming
from the representatives of the elevator COM
panies, shows more than anything else could
do, the necessity of controlling this grasp
ing monopoly by the strong arm of the
law. Ii also shows considerable gall.
The idea that the laws of state should be
suspended during the trial of case TO test
the validity of the law is only equaled by the
desire and attempt of said companies to filch
the producer out of his hard earnings 1t
strikes me 1t would look a little better and
more law abiding for the companies which
question the law to obey the same until the
courts declare the law void, for, until so de-
cided by the courts, acts of the legislature
are binding. AS we'll might any other viola.
tor of the law, and he be permitted to kill.
rob and steal. etc.. until the courts decide
whether or not the law is valid In my judg-
ment the elevators ARE no more privileged
and have no higher rights than any other
personand should comply with the law until
the courts declare them invalid, and if they
don't see fit to obey the law, then let them
take their chances on result of litigation
Respectfully submitted,
NJ