St. Paul daily globe., 1893-05-04


Sec 3. The railroad and warehouse com
| mission shall each year, and as much OIL
| tener as they shall deem proper, make anu
! promulgate all suitable and necessary rules
| and regulations for the government and CON
| troll OF public country elevators and PUBIC
| country warehouses, and the receipt, storage
| and shipment of grain therein and there
| from, ana the rates OF charges therefor, anu
| the rates so fixed shall be deemed prlma
facie reasonable and proper, and such rules
| and regulations shall be binding and have
| the force and effect of law, and printed
! copy of such rules and regulations snail, at
all times, be posted in q conspicuous place
| in each of said elevators and warehouses,
for the free inspection of the public.
| Sec. 4. The party operating such coln-
try elevator or country warehouse shall
| keep a true and correct account in writing,
| stored and shipped ct such elevator or
WCrehouse stating the weight, grade and
! d0ckage for dirt or other cause on each lot
! of grain received in store for sale, storage
or shipment and shall, upon the request of
| any person delivering grain for storage or
| Shipment, receive the same without dis
| crinination during reasonable and proper
| business hours, and shall, upon request, de-
| liver to such person, or his principal,
| warehouse receipt or receipts therefor, in
| favor of such person Or his order, dated the
! day the grain was received, and specifying
/ upon its face the gross and net weight of
! such grain, the rate of dockage for dirt or
| ether cause, and the grade of such grain
| cOnfOrm2Dle to the grades fixed by the state
railroad and warehouse commission and in
force at terminal points, and shall also
state upon its face that the grain mentioned
| in such receipt or receipts has been received
| into store to be stored with grain of the
| same grade under such inspection and that,
upon the return of the said receipt or re
celpts, and upon the payment or tender OF
| pay ment Of all lawful charges for receiving,
| storing, delivering or otherwise handling
| said grain, which charges may have ac
| crued up to the time of the ret1rn Of said
| receipt or receipts, such grain is deliverable
| to the person named therein, or his order,
| either at the elevator or warehouse where
| 1t was received for storage, Cf, if the owner
| so desires, on track at any terminal point,
| at the election of said owner where official
| inspection and weighing under the rules
| and regulations of the railroad and ware
! house commission OF the state Of Minnesota
| is in force, such grain to be consigned to
said owner, or his order, and subject to
! such official inspection and weight as may
! be determined upon its arrival at such
| terminal point In case of such shipment
| at the election Of the party delivering such
! grain, the party receiving such grain shall
| deliver to the party from whom the ship
! ment is made, L certificate in evidence of
such shipment, stating upon its face the
date and place of such shipment, the name
| of cOnsignor and consignee, and the place
! OF destination, and shall also specify upon
| the face of such certificate the grade and
| g Css and net weights of such shipment, in
| the same manner as provided herein as to
warehouse receipts.
Provided, however, if the party receiving
such grain for storage or shipment shall
elect to have the same delivered at
terminal elevator or warehouse at anV of
| tee terminal points rs hereinbefore provided,
! he shall have prior right and liberty to Go
so, and in such case the party delivering
said grain shall have the right to designate
at which of said places said grain shall he
deliverable, in quantities not less than car
load, and the party receiving such grain
! shall have the right to designate the Dartcu-
lar elevator or warehouse in the place so
| named, as the warehouse at which the grain
mentioned herein shall be deliverable, and
| the said party receiving such grain shall in
such case issue written order upon such
| designated terminal elevator or warehouse in
favor of the owner of such grain, his or
! der, for the delivery of a like quantity and
! quality OF grain as that mentioned in the
original warehouse receipt or in quantities
not less than q car load subject to official
inspection and weight at such designated
| terminal point
Such written order or shipment shall be
subject to all freight or transportation or
other lawful charges which may have ac-
| crued upOu said grain represented by such
| written order or shipment from the date of
the issue of said order or of such shipment,
and the date OF actual delivery within the
| meaning of this act in case OF Shipment, or
| the date when the grain, in case of writ
ten order is demanded for delivery at the
| terminal warehouse.
All warehouse receipts issued for grain re-
ceived, and all orders issued in lieu of such
| receipts as hereinbefOre provided, shall be
! cOnsecutively numbered, and no two receipts
or orders bearing the same date shall be
warehouse, except in case of lost or de-
stroyed receipt or order, in which case the
new receipt or order shall bear the, same
date and number as the original and shall
be plainly marked on its face duplicate"
No such receipt or order shall be issued
except upon grain which has actually been
| delivered in said country or terminal ele-
vator or warehouse. The grain specified in
! such receipt or order shall be made deliver
able to the person delivering ing the grain t 5a3 for
| not be issued for greater quantity of grain
than was contained in the lot or parcel
stated to have been received. Such receipt
or order shall not contain language in any
| wise limiting or modifying the liability of
| the party issuing the same as imposed by
the laws of this state and any such language,
| if inserted, shall be null and void.
A failure to specify in such warehouse re-
| ceipt or order the true and correct grade
and gross and net weight or any lot or gram
so received shall be deemed mlsdelneanor
on the part of the person issuing such re-
ceipt, for which, qn conviction, he may be
punished as hereinafter provided.
On the return or presentation of such re-
ceipt or order by the lawful holder thereof,
| properly endorsed, at the elevator or ware
| house where the grain represented therein is
made deliverable, and upoa the payment or
| tender of payment of all lawful charges, as
! Immediately delivered to the holder of such
receipt or order, and it shall not be subject
to any further charge for storage after de
| mand for such delivery shall have been
made. he grain represented by such receipt
or order shall be delivered within twenty
four hours after such demand shall have
been made, and cars or vessels or other
means of receiving the same from the ele-
yator or warehouse shall have been fur
nished. If not delivered upon such demand
within tWenty-four hours after such car,
vessel or other means for receiving the same
shall have been furnished, the warehouse in
default shall be liable to the owner OF such
receipt for damages for such default in the
sum of one cent per buShel, and i'll addition
thereto one cent per hushel for each and
every day of such neglect or refusal to de-
liver; provided, no Warehou6eman shall be
held to be in default in delivering, If prop
erty is delivered in the order demanded by
holders of different receipts or orders and
rs rapidly as due diligence, care and pfu-
dence will justify.
Provided, that if a state public elevator or
elevators are at any time established by law,
the owner of the grain shall have the right
when delivering such grain to demand and
receive u receipt for such grain, deliverable
at such state elevator as he may designate,
subject to the provisions of this section as
to grade, dockage and charges.
Sec. ). In case there is a disagreement be-
tween the person in the immediate charge of
and receiving the grain at sucn country ele-
yator or Warehouse, ana the person ueIlver-
ing the grain To such elevator or warehouse
for storage or shipment, at the time OF such
delivery, as to the proper grade OF the proper
d0ckage for dirt or otherwise, on any lot
of grain delivered, an average sample of at
| least three quarts OF the grain Ill dispute
may be taken by one or both parties ana
and sealed, express charges prepaid, 10 the
chief Inspector OF. grain at St. Paul, which
shall be accompanied by the request in writ
said, that the said chief inspector shall ex-
anime the same and report what grade or
docEage or both the said grain is, in his
opinion, entitled to and would receive il
shipped to the terminal points and subjected
to official inspection.
1t shall be the duty of said chief Inspector,
spect such sample of grain and adjudge the
proper grade or doekage, or both, to which
said sample is, in his Judgment, entitled and
| u.llich crrain of like nmalitY and Character