St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-14
THERE MUST BE LIMIT


In his inaugural message Gov. MEL
son, foreshadowing his grain eleva-
tor bill, referred to the case of Mum
VS.. Illinois, decided by the supreme
court of the United States, as upholding
the power of the state to regulate eleva-
tors. The railroad and warehouse
commission in their report take the
same view of this case
AS the Governor bill" is now in
force. with its operation very much in
doubt, an examination of the case on
which it relies for support is timely.
In 1870 the people of Illinois adopted
article Is Of their constitution, sec
ton l of which provides that "all
elevators or Storehouses where grain
or other property is stored for Il
compensation, whether the property
stored be kept separate or not, are de-
clared to be public warehouses" The
act of the legislature enacted Ito give
effect TO article 49, classified the
warehouses in the state aud prescribed
the rates of storage charges. The ques-
ton presented 10 the court and decided
by ii was that elevators receiving grain
from the public for storage ''stand in
the gateway of commerce ana take toll
from all who pass" assuming thereby
that relation to the public that wharf
myers, innkeepers, cabmen and COM
mon carriers hold, and render ing their
charges subject to legislative control.
1t will be observed that the language
of the constitution applied expressly TO
elevators and warehouses where graf n
us stored for compensation" The
same or nearly the same language APP
peared i'll the original bill in this state,
but was eliminated after the bill was
withdrawn for revision by the COVER
nor. 1t is now proposed to enlarge the
doctrine Of the MUM case and extend
legislative control over elevators which
do not receive grain 'fur storage for a
compensation" but which are used by
their owners for their own business, to
store not the grain of others but their
own.
LIN this connection the language of
Justice FIELD. WHO, with Justice
STRONG, dissented from the opinion of
the majority of the court. is pert inent
$780, says the justice, THAT private
buildings used for private purposes
shall be deemed public institu tions does
not make them So There is nO
magic in language, though used by a
constitutional convention. which can
| change private business into public
| one, or alter the character OF the build
| ing in which the business is transacted.
| tail0r'S or blacksmitn'S shop would
Still retain its private character, eve
| though the assembled wisdom of the
state should declare by organic act or
legislative ordinance that such place
was public Workshop, AMI that the
workmen were public tailorS or public
| blacksmiths. One might as well at
| temp. to change the nature of colorS by
| giving them a new designation"
After the decision of our supreme
court in the BoIIN case anything is pos
Sible, but we shall have to wait until we
read it before we will believe that even
this court will uphold the Invasion by
the state Of a purely private business
! and hOll that an elevator OF warehouse,
where a man keeps the grain he has
bought is subject to regulation by the
! state. and that he must receive grain fol
| storage for compensation fIom who
ever presents it. We believe that with
MATTHEW HALE in the ferry case, the
court will distinguish between the
services offered the public and those
devoted to private business, applying.
mutatiS mutandis, HALE'S words: HE
may make ferry for his own use OIL
the use of his family, but not for the
common use OF all the kings subjects
passing that way" There must be
| limit somewhere to the encroachment
OF the state on the freedom or its
| citizens.