The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1891-01-16
law has been met and its provisions gen.
orally complied with

law has been met and its provisions gen.
crafty complied with.
The decision rendered in March last by
the supreme court of the Uuited States,
holding that certain provisions of the act
OF 1887 regulating common carriers are
not in harmony with the federal consti-
tuition, will make necessary some changes
in our laws in this regard. 1t was gen
orally understood when the law of 1887
was enacted, that while the raslroads
We're entitled TO receive reasonable rates
for service rendered, the legislature was
the sole arbiter as to what rates were
reasonable. 1t was also generally ad-
mitted that this power could be dele
gated by the legislature TO board of
commissioners. With this in view, the
law of 1897, as interpreted by the SUI
preme court of the United States, dele
gated this power to the board of railroad
and warehouse commissioners and pro-
vlded no means for a review of its
action. The court of last resort has de-
ter1nined that action upon such matters
Is not final either in commission or in
the legislature itself. The power of the
legislature to make reasonable rates for
common carriers is not denied, but
whether a given rate so made is reason
able is a judicial question, and must be
settled as other matters of law and fact
are determined, through the medium of
the courts. The statutory provision of
1897 should be so amended as to provide
a plain, direct and speedy method of re-
view of the orders of the commission.
either through the medium of appeals or
by direct proceedings on application of
the board, or of any party or corpora
ton interested, to the supreme court of
the state. Much can be done in the di-
rection of reducing the cost of market
ing our principal cereal at the terminal
points when the amendment suggested
is carried into effect.
Grain Inspection.
One of the important interests en-
trusted to the board of railroad and
warehouse commissioners is the inspec-
ton and weighing of grain. | confess
to approaching this subject with diff
dence, as | am not entirely positive
whether our present system is all that
can be desired. The grading of wheat
is not an exact science, but is largely a
matter Of individual Judgment. Grain
experts will not always agree, and as a
result there is frequently divergence
of opinion between inspectors in the
country and at terminal points of so
marked character as to produce much
confusion and often dissatisfaction. /
have addressed communications to many
of the leading farmers of the state, as
we'll as to some of the prominent re-
ceivers of wheat, and with practical
unanimity they concur in the opinion
that the law, in its present form, with
possibly some slight amendments, is as
effective as any enactment that can be
devised for the purposes intended. Some
suggest that board of appeal be pro-
vided at each terminal point to adjust
any question of grades arising in con-
nection with inspection. This l deem to
be a wise suggestion The problem of
grading at local stations is more difficult
to solve. 1t would be impracticable to
maintain state inspection at the thousand
and one points throughout the state
where grain is bought and therefore it
would seem as if the small shipper must
avail himself of the right to ship his
wheat direct to the receiving points, and
demand state inspection and weights. in
case he is dissatisfied with the inspection
of the local elevator agent. | am well
INCORPORATING at country stations, but /
see no way whereby this difficulty can
be overcome, save In the manner indi-
Gated.
The State Prison.
The board of managers of the state prison
at Saltwater has submitted its annual re-
port, giving an account of the important
transactions that have occurred since the
last legislature convened. After advertis-
ing for bids for labor, in accordance with
the law of 1899, and receiving none, con-
tract was made with the Minnesota
Thresher company, whereby about 175 OF
the convicts were employed by that cor
poration. The board of managers were re-
luctant to make this arrangement, but it
seemed to be the wisest plan, all things
considered. A large number of buildings
within the walls of the prison were owned
by the Thresher company, having been the
property of it's predecessor. 1t was neces.
sary in order to make the contract with the
Thresher company to agree to take these
buildings as part payment for the labor
furnished. There was a question in
the mind of the attorney general whether
these buildings, legally, were not the prop
erty of the state, as they were placed upon
lands belonging to it, but as it was known
that they had been constructed by the for
mer contractor, and were in reality the
property of his successor, in the interest OF
equity, the board decided to purchase them
in the manner indicated. All question OF
ownership of the buildings is therefore
now settled. The contract so entered into
by the board of managers expires in Octo.
Der next, in accordance with the law under
If the present system of contracting the la.
Dor of portion of the eonvicts is to be con.
tinued it will be absolutely necessary to
permit the board of managers to make 9
contract for at least ten years, in order that
the state may reap the full advantage Of
this plan of using its convict labor, it being
practically impossible to induce capitalists
to expend the necessary sum to utilize SC
large number of men unless they are
given contract extending over sufficient
period of time to warrant large outlay in
establishing permanent plant A mum.
Der of the convicts have been employed In
the labor of manufacturing wooden ware
with results sufficiently satisfactory to JUS
tify its continuance.
The Binding Irvine scheme.
In accordance with quite widespread
sentiment, an attempt will be made to EN-.
ploy portion of the prison labor ia max.
ing binding Irvine. Machinery for this
purpose, of the best character obtainable
was purchased upon satisfactory terms by
q comm ittaa calaf.ta d for that p1rnOSa