Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-04-21
RIGHT TO FIN ELEVATOR CHARGES.
March Z, 1891, Governor Burke ap-

March Z, 1891, Governor Burke ap-
proved an act regulating grain ware.
houses and prescribing maximum rates
for the handling and storing of grain in
North Dakota. One of the main and
most important features of the bill was
that which enacted that 'all elevators in
this state are declared public ware
houses and as such legally entitled to
charge for elevatlng and storing, only
the rate prescribed by the act, which
was IN fact a reduction from the prices
charged by the elevator companies. The
act further prescribed that the board of
railroad commissioners should promul-
gate rules for the carrying out of the
same. Shortly thereafter the board of
commissioners did as the act indicated,
and announced the rules under which
the companies should carry on their bust
ness.
An action to compel the enforcement of
the law was commenced against the
Minneapolis & Northern Elevator COM
pany, before Judge Templeton of the
Grand Forks district, and by him de-
cided in favor of the law. A talk was
made in the court that the matter would
be appealed, but nothing came of it.
Some time thereafter one Brass, who
under oath says he owns but two houses
in the state, refused to receive the wheat
Of n Stoeser of Ramsey county, and
Stoeser thereafter employed Judge
O'Brien of Devils Lake, to bring man.
damus against Brass to compel him to
receive bis wheat and store it
at the maximum rate prescribed
by the statute. Stoeser, it
will bo remembered, is a small farmer in
Ramsey county, and so far as the
TRIBUNE is informed, there was no CON-
bination of his neighbors and sharing OF
expenses to test the constitutionality OF
the statute. The matter was brought
before the district court of Ramsey
county, Hon. D. E. Morgan, judge pre-
siding, and was by him decided in favor
of the constitutionality of the law. The
matter was appealed to the supreme
court and on the argument Hon. ]. r.
MCGEE appeared for the elevator CON-
pany. McGee is the regularly
employed yearly attorney of
the Minneapolis wheat elevator
combine and is presumably rs
talented as they make them. The mat
ter "a duly argued in the supreme
court and on April 25, 1892. a decision
WAS handed down affirming the judy
ment of the court below, which held
that the law was valid and that all eleva-
tors in the state were public warehouses
and could charge but 9 certain maximum
price for storage. Thus far the courts
Of the state had held in favor of the law.
But now the question is raised by the
elevator folks that the decision and
statute was in derogation of the Fifteenth
amendment of the federal constitution
and that it took private property without
due process of law. Thereafter an ap-
peal was sued out to the supreme court
oflhe United States.
1t is we'll known that the federal su-
preme court is behind in it's business
and on December 18th the case was sub
mit,ed without oral argument to that
court, under a rule which gives at
torneys this privilege and they may re.
ceive a decision within sixty days by
taking this course. Thus far on it's
face all appears regular and fair, but be.
hind this comes the milk in the Cocoa
NUT" as it seems to the TRIBUNE. 1t
costs a heap of money to take a case
through all these courts, and from the
best information the TRIBUNE receives
Stoeser is not abundantly blessed with
these worlds goods, and hence is not
liable to carry on his shoulders the
litigation alone. Now see how this