St. Paul daily globe., 1892-03-12
WILLIS GETS HIS FEES.
Judge Otis Files a Decision
on the Oil inspection
Law.
The Collector Can Collect
Fees for Oil Stored in
Tanks.
1ppellate Judges Will Next
Have to Pass Upon Tech
nical Points.
Father Heffron Non-Commlt-
tai on the Apchbishop'S
Elevation.

Judge Otis fled an exhaustive opin-
ION accompanying his decision in the
oil inspection case yesterday. Inc ae-
ton was begun upon an agreed state
ment Of facts by State Oil Inspector II.
b. Willis and. against the Standard on
company. the Northwestern Star on
company and the Independent OH COM
pany. The object of the proceeding
was to determine tie right to charge
fees for inspecting oil; to test the con-
stitutionality of the inspection law, and'
if found constitutional, TO determine
what oil should be inspected, in what
character the oil is subject to lnspec-
lion. and the fees TO be charged for the
inspection. In his decision Judge OtlS
orders Judgment in favor OF II. Is. WINS
against the Standard Oil company TOT
s.. O52: against the Northwestern Car
company for 1916, and against the lnde-
ptnt Oil company for S2I9,4O. with III
terest on these sums at : per cent from
Sept. 30, 1891 together with the dlsburSe-
ments of tile action. II is but justice TO
the Standard Oil company TO say that at
the hearing it declined to contest the
validity of The law, but assented TO pay
the fees for inspection upon condllloh
that other companies and dealers De re-
0uired to do likewise. 1t was under
stood at the hearing before Judge Otls
that the case would be carried
To the Supreme Court
for review. so that the matter may be-
come res adjudicata. The case will go
up at once, so as TO be placed on the
April calendar OF the supreme court.
Judge OTIS in his opinion reviews the
law and gives his reasons for arriving at
the decision. On the point of the valid
ity of the law the view is taken that the
inspection fee is not tax, but merely
fees charged to enforce police reGula-
tiOE. 1t is within the power Of the
legislature to enact Just and equal IN
spection laws with respect to commodi-
ties IN such universal use, and so essen
tial to the welfare and comfort of the
general public, as is Illuminating OIL.
That it is a proper police regulation Is
no longer an open question. If chapter
246 of the General Laws of 1889 is valid
at all it is to be construed with chap
Ter s OF the Statutes of 1878, eXceptSo far
aS is necessary to q reasonable con-
etructiOn of the act.
Oil in tank ears, such as is mentioned
In section /, act OF 1889, must be oil i'm
p0rted from without the state. All
other oils must be inspected at the fac
IOiV where manufactured or at the re-
1inery, and if the oil is manufactured or
refined in the state but one inspection
is necessary. Prior to the act of 1899
there was no provision for inspecting
oil in "tank cars standing on railroad
Track" but since that law was passed
Illuminating oils imported into the state
in tank cars must be Inspected before
being lawfully transferred into ware
house or Storage tanks OF unloaded. AS
80 the
Fees for Inspection,
the law prouidts scale of fees for the
inspection according to the quantity
contained in. each tank. 1t is graded
barrels. The law implies that each bar
rel is to be branded IN case the Oil is
drawn out of the tanks into barrels.
There is nothing in the law of 1889 upon
which to predicate the claim of unjust
discrimination.
The court does not agree with counsel
in the ,elaiRl that the law requires in
Spection and branding of oils in huge
acknowledgements or elevated sta
tanks. whether located Oh steam
boats or elsewhere. The word package
as used in the act is construed to refer
to q portable receptacle in which the
oil is transported and which upon sale
usually goes with the oil. In the Ian
guage of the people it is never used as a
stationary receptacle, but as wrapping
and its contents as commodity made
up ready for transportation. There is
serious question whether oil in tank
cars is within the definition Of a pack
age gwen in the Century dictionary.
The fees provided are not unreasonable.
The facts do not show unjust diSerim-
inatiOn or inequalities, because the fees
for inspecting foreign and domestic oils
are practically the same. The law can
not be avoided on the theory that it in
hiDitS interstate commerce. There is
10 unreasonable restraint upon the i'm
portatfon, use and sale of low grade
oils The removal of oil from tank
ears before inspection is prohibited.
The removal OF the oil from tank cars
is a miSdemeanor, and to allow the
guilty parties to escape the payment of
stipulated fees for inspection before the
wrongful removal would be to allow
them to take advantage OF their own
wrongs. AS to the barrels OF oil in tran
stu to point without the state, there
is no warrant of law for making such
inspection unless the oil Is on sale with
in the spirit of the act. If the law were
intended to require the inspection while
in transitu, it would interfere with in
terstate commerce.
In ordering judgment it was assumed
that the oil Inspected, after removal
from tank cars, for which fees were
charged, was removed after the act of
1889 took effect.
For relioble information q bort Iron -Nininor