St. Paul daily globe., 1891-09-15
MUST NOT TOUCH IT.
North Dakota Inspectors En-
Joined From State Line
Inspection.
The Commissioners Of the
New State Crushed by
Judge Caldwell,
Who Finds That the State Law
Conflicts With the Inter-
state Act
The Case Against the Mime
apolis & Northern Held
Over to Wednesday.
Special to the Globe.


FARGO, n. D., Sept. 14.-Judge Cald-
well, in the United States circuit court
this morning, delivered an opinion in
the wheat inspection cases, both judges
concurring. The railroad commission
ers and wheat inspectors are perpetually
enjoIned from interfering with the
movement of wheat in, transit. The in
junction does not apply to the state
courts. With the exception of sections
of acts quoted, the opinion is as follows !:
"The plaintiff is a common carrier,
engaged in interstate commerce. AS
such common carrier it receives wheat
In bulk into its cars In this state for
transportation into other states. The
commissioners of railroads in this state
and inspectors of grain, acting under
appointment and authority of such com
missioners, claim the right to require
plaintiff to stop its trains at certain
points on its road in this state, open its
cars. and permit the grain inspectors of
the state to inspect in the cars wheat
received in this state for transportation
to other states, and in transit to its des-
tination In other states at the time. The
commissioners claim that the right to
do this is
Conferred on Them
by the act of the legislature of the state
entitled, Act to regulate warehouses.
inspection, weighing and handling of
grain,' chapter 1873, Laws of 1890.
sin answer to this claim the plaintiff
says: First, that the act does not con-
fer upon the commissioners any such
powers. and, secondly, that if it does
confer such powers, it IS an unconstitu-
tional interference with the interstate
commerce law and void. 1t is obvious
upon careful reading of the act that
the purpose and intention of the legis-
lature was to secure TO the producers
and holders of wheat in this state the
right to have their wheat stored in pub
lie warehouses or elevators in the state
for a reasonable compensation. the act
Itself fixing the maximum rate for such
storage, and to protect owners of
wheat so stored against fraudulent
practices by securing the return to
them of the wheat they stored, or of
other wheat of equal grade and value.
All the provisions of the act are directed
to the accomplishment of these objects.
Its first section defines public ware
houses, and by chapter 126 of Acts of
1891, the definition is greatly enlarged
and it is declared that all buildings,
elevators or warehouses in this state
erected and operated, or which here
after may be erected and operated by
any person or persons, association, CO.
partnership corporation or trust, for the
purpose of buying, selling, storing,
Shipping or handling grain for profit,
are hereby declared public warehouses;
Section provides that it shall be
the duty of every public warehouseman
to receive for storage any grain, such
grain in all cases to be inspected and
graded by duly authorized inspector.
and TO be stored with grain of similar
grades This section is
The Marrow of the Act.
All subsequent provisions are de-
signed to render it operative and effect
i've. Section 80 relates to the securing
of payment of charges for inspection.
and is as follows: The charge for in
spection and weighing of grain shall be
and constitute a lien on grain so in
spected, and whenever such grain is in
transit said charges shall be treated as
advance charges to be paid by the COM
mon carrier in whose possession the
same is at the time of Inspection
In the argument, the learned attor-
ney general was compelled to rest the
authority for the commissioners action
in requiring the inspection of wheat in
cars in transit to other states OH this
brief section, the sole object of which
is to glue lien on grain for inspection
fees. 1t is competent for the board to
provide that wheat shipped for storage
in the public elevators of the state may
be inspected in the cars at the place Of
Q nj of nf
ment, or between those places, and in
either case it is an inspection of grain
in transit, for it does not end until the
wheat IS delivered to the elevator, con-
templating, as the act does, an inspec-
ton in cars of wheat in transit to the
public elevators in this state.
section 81 was intended to secure the
payment of inspection fees in such
cases, and cannot be made to perform
any other Office. Wheat transit then
is referred to in section 81?
sin transit where? To another state
where no regard would be paid to the
inspection, or to some one of the public
WAREHOUSES in the state where inspec-
ton would be effectual and perform a
useful and valuable Office? The transit
referred to in section 80 is the transit
which must occur in getting wheat into
the public warehouses of this state. 1t
has reference to an in-state and not an
interstate transit. If the legislature
had designed to subject to inspection all
wheat exported from the state while it
was in transit out of this state, that in
stention would have found expression
In Appropriate Words.
According to the soundest canons of
construction, such an intention cannot
he deduced or implied from a simple
declaration that the charges for inspect
ing wheat in transit shall be lien on
grain. Every word and line of the act
having any reference to the inspection
of grain and giving authority to inspect
it relates to grain stored or intended to
be stored in the public warehouses of
the state, and it is 10 the transit of such
grain that section 80 relates.
1.-The suggestion is made that when
grain is put on railroad cars in this state
it is usually put there for expectation
and not for transportation to another
part of the state. and that therefore the
words in transit should be construed
to mean interstate transit But the act
contemplates that the grain will be
shipped to the public warehouses of this
state by rail.
Section 6. as we have seen, provides
that If grain was received in railroad
cars the number of each car shall be
stated upon the receipt and section 81
provides that if the owner of the grain
is dissatisfied with the inspection ne
may stop its delivery to public ware.
houses, but he must in such cases re-
move the grain in railroad cars within
tWenJy-fOur hours upon such railroad