The representative. [volume] (St. Paul, Minn.) 1893-1901, 1893-09-27
STATE ELEVATOR.
Judge Willis Saves it to the Farm
ers of Minnesota,
And Refuses the Injunction Asked
by the Wheat Ring.


Last Friday afternoon Judge Will
lis, of the Ramsey county district
court, in ST. Paul, decided the farm
ers elevator case in favor of the
farmers. an
Some five or six weeks ago. the
wheat ring having failed to stop the
passage of the bill in the legislature
as also to defeat it by their thimble-
rigging claim thatyit could not be
built except with fees on the grain
that went into it, land the grain
could not go into it until it eoas b,.ilt;)
having failed in these attempts,
their next move was an endeavor to
restrain the railroad commissioners
from letting the contract and pro-
eeeding with the work. Henry Ripe,
ex-manager for Cargall Bros. La
Crosse, was trotted out as a stool
pigeon by the Ring to make applica-
tion for writ of Injunction to- en-
join the state officials from building
the elevator. The Ring, through
Mr.. Ripe, says the state elevator is
an internal improvement, which the
constitution forbids without prior
grant; and that it will create a pub
lie debt, which the constitution also
expressly prohibits; and that the col
lection of fees for the purpose is tan
tamount to tax levy. These claims
are mere bosh and were brushed
aside by the court. Judge Willis in
his decision says, among other
things, that
'"The act of 1885, providing for in
spectiOn, weighing and grading of
was passed in response to complaints
of a large body of citizens. It is en-
tirely proper for the state to exercise
wrong by exercising police powef to
pose of engaging in the business of
spectiOn. A warehouse, such IS is
practical and efficient agency id the
hands of the state for Inspection of
grain. The state has the same pow
have to erect a building for an pffice
which to keep the weights and meas
house or elevator so erected is not to
In do Inn Mt
in any other sense than any structure
of some of the functions of govern
ment.
The proposition that the acts of
1885 and 1893 have by reason of exces-
sive fees charged for inspectingSgrain
acts operate as revenue acts and not
proposition that the act of 1898 will
create public debt against the state
is Overruled, even in case the Eeleva-
tor is not paid for prior to October,
1894, as no provision is made for
such as is contemplated in the con-
an internal improvement as lis in
opinion of the court the complaint
of the defendants named therein.
liberty of the plaintiff. He ddes not
competition, since he neither owns
case the cost of the elevator Should
hn
priated by the act of 1893, it would
the railway and warehouse cOmmis-
sion, and would not entitle the COM
plainant to an Injunction"
Judge Willis decision is an o}sis in
a desert of decisions by minnesota
courts against the people and Pin IA
vor of the rings and corporations.
Its language and spirit are in Strong
contrast with recent decision of
the supreme court. in which As in
this case, the interests of the cdrpOr-
ations were pitted against the litter
ests of the people-the notorious de-
cision of Judge Mitchell in the case
of the Bohn Manfg Co. Judge
Willis position in the elevator Ease
is so strongly intrenched that It is
scarcely probable the case will besap-
pealed. If, however, the supreme
court does get whack at it, The
state elevator will 60 glimmering
among the might-have-beens unless
the uproar of denunciation that fol-
lowed Judge Mitchell's decision
should restrain them.
1t should not be forgotten that the
man who has saved the state eleva-
tor to the farmers of Minnesota is
the same Judge Willis whose por-
trait appeared in the Representative
some time since, the publication of
which drew down upon us the sword
of mistaken criticism.
S. M. Owen Will Speak.
Notice is hereby given to all alli
that n~ro,,l ro,,nior II