St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-09
cause will be to show cause why per-
manent injunction shall not issue.
The COMPLAINT

proceeds as is given In epit0me below:
It Is asked that an order be issued re-
Stralning the defendants from entering
into any contract for the construction of
an elevator i'll Duluth harbor, and from
proceeding with the erection of said
elevator, and from dra wing any orders
upon the state auditor or upon the grain
and warehouse fund in Minnesota in
payment of an account of the elevator
for the construction of the same, and
also restraining the defendant, Adolph
Bierman, from drawing any warrant
upon the grain and warehouse fund on
the order of the committee for the con-
Struction of the elevator or in payment
therefor.
The plaintiff alleges and shows to tn e
court that he is citizen freeholder and
taxpayer of the state, residing at Fair
mount, i'll the county of Martin, and
brings this action as such citizen, on his
own behalf, and for and on behalf and
for the benefit of all other citizens,
freeholders and taxpayers of the state
similarly situated.
Mr.. Ripp cites i'll his complaint the
fact that by the act of the legislature,
approved March 5, 1885, entitled an act
to regulate warehouses, inspection and
weighing of grain, and acts amen datory
thereof, it was made, and ever since
has been, the duty of the railroad and
warehouse c)mmisSiOn TO establish rules
and regulations for the weighing and
inspection of grain, and for the man
agement of the public warehouses,
and TO FIX the fees to be
paid for the weighing, grading and in
spectiou of all grain ceived at the
terminal points of MINNEAPOLIS, Duluth;
st. Paul and st. Cloud, and that by the
terms and provisions of this act the
commissioners were and are empowered
to nix the rate of charges for the weigh
lug and inspection in such manner as
Will in the Judgment of the commission
erS produce sufficient TO meet the neceS-
sary expenses of their department and
no more, and that at the time of the ap-
prevail of the act providing for the
action of the state elevator at Duluth,
there had been collected under the pro-
visions of the act of 1885, before referred
to, and paid into the treasury of the
state to the credit of the inspection
fund 500, 527.94 which sum was in excess
OF the amount necessary to meet all of
the expenses of the department.
The plaintiff also alleges that he is
engaged i'll buying, selling and shipping
grain III Minnesota, and has in the reg
ular course of business been compelled
to ship wheat and other grain to the
terminal points mentioned, which has
mi riI
ions OF the act of 1885, and to the weigh
ing inspection and other charges fixed
the COMMISSIONS, and that
Against His VIII and Protest
he has been compelled to pay and has
paid said charges, amounting. in the az
gregate to large sum, which has gone
into and constitutes a part of the H.
spection fund, which fund the act APP
proved April s, 1898, apprO PIRATES and
requires the commissioner to use for the
construction of the public elevators re-
terred to; that the charges for weighing
and inspection Weld a fund largely in
excess OF amounts necesS airy to pay the
expenses contemplated i'll the act of
$50, and the commissioners are re-
quired and they threaten and intend to
use this money for the construction OF
the Duluth elevator.
The plaintiff furthermore alleges that
the state has no right. and that it is be-
You'd its constitutional power to impose
upon and collect from citizens of the
state engaged in lawful and necessary
business tax in the form of fees, and
to appropriate the same for the making
OF a public Improvement, and to support
and carry on a business in competitio
with citizens of the state, as is proposed,
authorized and required by the act of
1898. Now the plaintiff charges that
this act is in violation of sections l, 5, 6,
Z, and 9, article 0 of the constitution of
the state. The sections i'll question
read:
Constitutional Provisions.
Section l. Ali taxes to be raised in
this state shall be as nearly equal as
may be, and all property on which
taxes are to be levied Shall have a cash
valuation and be equaliZed and uniform
throughout the state, provided that the
Legislature may by general law or spe-
clal act. authorize municipal CORPORA
lions TO levy assessments TOR LEGAL i'm
provementS upon the property fronting
upon such improvements or upon the
property TO be benefited by such I'M
provenents, or both. without regard to
cash valuation, and in such manner as
the legislature may prescribe. And
provided further, that Tor the purpose
OF detraying the expenses of lay
ing water pipes aad supply
ing any city or municipality
with water. the legislature may, by
general or special law, authorize any
such city or municipality, having pop-
ulatlon of five thousand 5000 or more,
TO levy an annual tax or assessment
upon the lineal foot of all lands front
ing on any water main or water pipe
laid by such city or municipality within
corporate limits of said city for supply
ing water TO the citizens thereof with
out regard to the cash value of such
property. and to empower such city to
collect any such tax, assessments or
lines, or penalties for failure to paw the
same, or any fine or penalty for any
violation of the rules of such city or
municipality i'll regard to the use of
water, or for any water rate due for the
same.
Sec. 3. For the purpose of defraying
expenditures, the state may contract
public debts, but such debts shall never,
in the aggregate, exceed S250,000; every
such debt shall be authorized by law,
for some single object, to be distinctly
specified therein; and no such law shall
take effect until it shall have been
passed by the vote of tWo-thirdS of the
members of each branch of the legisla-
ture, to be recorded by yeas and nays Oh
the journals of each house respectively;
and every such law shall
Levy FAX Annually
sufficient to pay the annual Interest of
such debt, and also tax sufficient to
pay the principal of such debt within
ten years from the final passage of such
law, and shall specially appropriate the
| proceeds of such taxes to the payment
Of such principal and interest; and such
| appropriation and taxes shall not be re-
| pPaled, postponed or diminished until
the principal and interest of such debt
shall have been wholly paid. The state
| shall never contract any debts for works
| of internal Improvements, or be party
in carrying on such works, except in