St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-04-07

quiet and not tell the inspector, and
that the character of the wheat was the
very best, or, in his own words, 1T
seemed to me to be good wheat, as good
as could be got.'' Mr. Ario's testimony
is conclusive that none of this wheat
was bin-burned wheat.
No Contra Testimony.
The elevator companies have intro
duced no testimony and have advanced
no theory to explain these various lar
cenies against the inspection law other
than in the testimony OF Mr.. Murdoch,
who was a railroad and warehouse COM
missioner in 1885. In Mr.. Murdock's
testimony it appears that as early as
June II, 1886, Commissioner Becker Of
tered preamble and resolution to the
effect that.it having come to the knowl-
edge of the commission by the oral re-
Fort of Chief Inspector Burdick, made
this day, that portion of the grain i'll
elevator ''E' belonging to the I'M
provement and Elevator company,
is out of order or becoming SO,
etc., and resolving that the
attention of the president and secretary,
ETC., be called to the law TO the end that
the requirements of the laws OF the state
concerning grain in public warehouses
may be carefully observed by such rail
road company; aud it also appears that
a communication was addressed by the
president of the Union Improvement
and Elevator company, Z. Ii. Graves, to
the railroad and warehouse commission,
dated June Is, 1886. acknowledging the
receipt of such resolution, and saying,
1--WE will endeavor to obey the law and
conserve the interests of grain III our
warehouse, and will accept the full re-
sponSlbility for any and all of ouracts."
MIR. Murdoch also testified that about
this time Mr.. Graves proposed, on be-
half of the elevator company, that such
companies would produce warehouse
receipts to cover such damaged grain IL
the commission would allow them to
ship it out without posting and without
making known the fact that the spoiled
wheat existed; that there was great
deal of discussion among the commits
sionerS, but that they finally came TO
the conclusion that if the elevator COM
pany would assume the responsibility
Tor outstanding receipts, and would
turn i'm uncanceled receipts to cover the
spoiled grain and protect the owners
from loss. they should be allowed to do
it; that Mr.. Burdck reported that there
was not less than 100000 and not
more than 100000 bushels Of the
damaged wheat; that they instructed
MIR. Burdick that as fast as the elevator
company turned over to him uncan-
celed warehouse receipts he would let
them ship ont that amount of grain.
There has never been any evidence in-
troduceI OH the part of the elevator
companies showing what receipts were
cancelled under this permission. nor
have the elevator companies explained
in any way how they disposed of the
wheat, what time it was shipped, what
price was paid for it, or in what market
it was sold. On the other hand. the
testimony Of Mr.. Ario, ami many other
witnesses. employesOf.the elevator COM
pany, shows that large portion OF the
bin-burned wheat was thrown into the
lake. 9
Only Explanation. b
The only explanation or theory adj
vanced by the elevator companies in re-
lation to, the damaged wheat disposed of
under this permission is contained in
the report of The experts appointed to
examine the books of the. Union I'M
provement and Elevator company and
the Lake Superior Elevator company,
in which books itdistnctly appears that
on Oct. Is, 1886. the elevator company
shipped 13l, 500 bushels of wheat which
Was ulilIlSpcClCu dllu uiibClS
on Oct 10 the same elevator company
shipped s., 220'buShelS and 10 pounds of
wheat which was uninSpected; that on
Oct. 30 the same elevator company
shipped 1900 bushels of wheat which
was uninspected: that on Nov. 9 the
same elevator company shipped $4,000
bushels of uninSpected wheat, and that
on Nov. 16 the same elevator company
shipped 1866 bushels and 40 pounds,
making total of 259,0S6 bushels and 50
pounds shipped between Oct. 10 and
Nov. 16. 1885. of which there is no rec
ord of weight or inspection.
Now the last Shipment discovered
from the books OF lhe transit company
or the testimony of the witnesses, the
items of which shipments have been
fully given. was on Oct. 3, 1856. We
are, therefore, driven by the testimony
to find that prior to Oct. s. 1856, the ele-
vator companies shipped oout 2l0,220
inspection. and that between Oct. ID
and Nov. 16, 1886. 259,0S6 bushels and
fifty pounds, making total of 400, 306
bushels and thirty pounds of wheat
shipped from Duluth between, July %
and Nov l6, 1856, without inspection or
weight
There is no evidence before the: COM
mittee as to how much wheat was in
fact bin-burned in the elevator in 1856.
There has been no evidence of the
items of loss to the elevator company
or to the holders of wheat receipts by
reason of such bin-burned wheat, and
it is but fair to say that had the elevator
companies been able to have accounted
for any considerable number of thou
sand bushels they would have produced
thelI evidence before the committee
and before the public.
The Summary
The evidence, therefore, summarizes
the larcenies from the elevators, against
the inspection law, as follows: In 1886,
469, 1906 bushels and 80 pounds; in 1888,
1900 bushels; in 1889. 47.236 bushels
and 40 pounds; making total of 528, 543
bushels and 80 pounds.
The FOREGOING are the specific items
in the proof. There is another prIma
facie case of abstraction from the ele-
yatorS which summarizes as follows:
The old schedules prepared by the
house committee show the shipment of
some 500 cars from the Duluth elevators
billed as screenings. All the discoveries
of distractions by rail have been billed
as screenings. 1t was admitted by the
attorney general that strong prima
facie case had been made against the
elevator companies that these cars CON
tanned wheat, and, when the question
came before the committee as to call
ing Mr.. Ripley with his screening ac-
counts, the committee concluded to
await the defense of the elevator COM
panies. Mr.. Severance, on behalf of the
elevator companies. distinctly agreed
to explain every shipment in the
old schedules. An examination of the
explanation of the old schedules made
by Mr.. Severance will show upwards of
600 cars of screenings of which no ac-
count and no explanation is given.
Averaging these cars at 500 bushels of
wheat each, it will amount to 100000
bushels.
An examination of the record puts
the attorney general as conceding that
prima facie case was made out, and the
attorney for the elevator companies as
agreeing to explain these shipments,
which latter has never been attempted
to be done. This would make an ag-
gregate of larcenies from the Duluth
elevators, as made up from the testi-