St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-10
STATE ELEVATOR ENJoINED.

Suit has been brought to enj0in the
railroad and warehouse commission
from proceeding with the construction
of the state elevator provided for by the
legislature. The writ is made return
able before Judge WILLIS, of this dis
trict, and will be argued On the 16 tn
inst There are several grounds laid on
which the injunction is asked for. The
construction will involve debt not au-
thorized by the legislature in the man.
ner provided i'll the constitution is one
of these. The plaintiff is engaged in
the grain business, and as such has paid
portion of the inspection fees laid to
defray the cost of inspection, the sur
plus of which fund is appropriated by
the act towards building tue elevator,
instead of applying it towards reducing
the costs of inspection. The debt Gre
ated will have to be met by taxation,
and no tax can be laid for the benefit Of
a class.
The GLOBE is glad that the power of
the legislature to use the money of the
people in the interests of any class of
our citizens is thus questioned and pre-
sented to the court for determination.
The case presents for discussion this
broad and most important question in
the objection it raises TO the mourning
of debt which will have to be met by
taxation. We opposed the bill when
pending as being another step in state
paternallsm, whose path, once entered
on, constantly lengthens and widens. If
the state is to build an elevator for its
farmers; if this is q constitutional use of
its power, there is absolutely no limit to
the uses it may put that power to in SIM
liar directions, save only the discretion
or whim of the legislature.
1t is time that this question should
be determined once tor all. 1t should
be decided, not alone on the more
personal grounds laid IN the COM
plant, but on the broad one that
it is not a function of state
to engage in such enterprises. The
act in question is of piece with
those which grant the lands of all to rail-
way companies; which grant bounties
to producers of sugar; which give pro-
lection to certain manufactures: which
foster one industry by purchasing all of
its product; which seek to build UP one
industry and crush out another equally
legitimate. 1t is, in short, sample of
the laws demanded by the paternalists,
and with which the statutes, both fed
eral and state, are SO replete.
The GLOBE challenges the right or
the power of the state to build an eleya-
tnp I'm tr, Ana ~
OF warehousemen, entering into COM
petition with its citizens engaged in the
same business. 1t denies the theory that
the state stands in loco PARENTS to any
of its citizens, save its detectives, and
is bound to foster the business or voc "a
ton of any. 1t does this on the ground
that state is organized TO prevent the
invasion of the natural rights of its citi-
Zens by others, and that it must leave
to all of its citizens the widest possible
latitude Of freedom OF action consist
ent with the enjoyment of that freedo III
by all. A state organization is but the
surrendered liberties of all for the bene-
fit of each, and human progress and de-
velopment demand that the liberties
surrendered be as limited as will ac-
compliSh the end sought.
A vital principle of government is
embodied in the issues presented by
this case, and we trust that buth in the
argument and i'll the decision of the
court that principle will be discussed
and passed on, and we hope that the de-
ciSion will lay down the sound and sare
doctrine that this and all similar uses
OF the power of the state are void as
contravening the rights of the citizen,
and as being beyond the purposes for
which states are formed.