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 Gil Stored in
Tanks.
-ppellate Judges Will Next
Have to Pass Upon Tech
nieal Points.
Father Heffron Non-Commit-
tai on the Archbishop'S
Elevation.

Judge Otis fled an exhaustive opih-
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.
Is. Willis and against the Standard Oll
company, the Northwestern Star on
company and the Independent Oil COM
pany. The object of the proceeding
was to determine the 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-
ton. and the fees TO be charged for the
inspection. In his decision Judge Gus
orders Judgment in favor of Il. b. Wits
against the Standard Oil company for
So. O52; against the Northwestern Car
company for 1916, and against the Inde-
ptnt Oil company for S2794O. with In
tereSt on these sums al per cent from
Sept. 80, 1891. together with the dlSburSe-
ments of the action. 1t 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 c0ndlllon
that other companies and dealers be re-
ouired to do likewise 1t was under
stood at the hearing before Judge Gus
that the case would be carried
To tEle 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 OH 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 a police recula-
tioE. 1t is within the power Of the
legislature to enact just and equal in
spection laws with respect to commodl-
ties III such universal use, and so essen
tial to the welfare and comfort of the
general public, as is Illuminating Oil
That it is 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 of the Statutes of 1878, eXceptSo far
as is necessary to a reasonable con-
gtrueti0n of the act.
Oil in tank cars, such as is mentioned
En section I, act OF 1889, must be oil inn
ported from without the state. All |
Other oils must be inspected at the fac |
tory where manufactured or at the re- |
finery, 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 |
: l. 81 lao No
being lawfully transferred into ware
house or storage tanks or unloaded. AS
90 the ( Z <$
- - Fees for EnspectiOns ~
the law prouidtS scale of fees for the
inspection according to the quantity |
in each tank. 1t is graded |
the same as if Inspected in separate |
barrels. The law implies that each bar
rel is tosbe branded IN 5case the Oil is |
drawn out of the tanks into barrels.
There is nothing the law of 1889 upon /
which to predicate the claim ofsunjust
discrimination.
The court does not agree with counsel |
In the elaipa that the law requires in /
Spection and branding Of oils in huge |
efgroundireservoir or elevated sta
whether located on steam
boats or elsewhere The word package
as used in the act is construed to refer |
to a 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 |
stationary receptacle, but as a 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 |
10 Il A1afTn
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 |
hibtS Interstate commerce. There is |
10 unreasonable restraint upon the i'm |
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 |
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 |
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 |
was removed after the act OF |
1889 took effect.
For raIiob1e irfor,p t;o, o o,,t T-o,, u;,,iro