The representative. [volume] (St. Paul, Minn.) 1893-1901, 1893-05-17
STATE ELEVATOR.
The People Have a Tremendous
Battle on Hand.

The People Have a Tremendous
Battle on Hand.
$1O,OOO,OOO A YEAR AT STAKE.
The article in the last number of
the REPRESENTATIVE showing up
the attempt of the Wheat Ring to
prevent the building of state eleva-
tor at Duluth has created an inn
mense sensation. The daily papers
have been full of it. The Mime
apOlis Tribune Of the 10Th inst. says:
The board of railway and ware
house commissioners had supposed
that the act made an appropriation
from the general fund, to be reim-
bursed by the elevator fees. Acting
under this belief they began the car
rying out of the provisions of the
law by advertising for bids for a site.
But when the laws were printed they
discovered that no such provision
was made, and they have accordingly
asked for a legal opinion as to their
financial standing under the law
passed by the legislature. This it is
expected will be in the hands of the
commissioners in day or two. Until
it is received they will be all at sea.
don't understand this. Have
they not already the opinion of Atty
General Childs that the elevator can
not be built until the wheat goes in
to it, and that the wheat cannot go
into it until it is built! And what
business had the Railroad Commits
sioners to anticipate objections to
their own power to act? Have they
ever asked the Attorney General
whether they had power to exist and
draw their salaries? Do they get an
official opinion before they eat their
dinner? Has it come to such a state
of things that law, passed by the
people, through their representatives
and senators, is not law until the
Attorney General countersigns it?
Has popular government shrunk to
that?
Here is the section of the law,
which makes it obligatory upon the
executive department to build the
state elevator:
Sec. 9. The moneys herein appropri-
ated for purchasing the site, and con-
Structing the elevator or warehouse,
shall be paid to the parties to whom
they may become due and payable d.
rect from the treasury of the state ON the
qDdTrtt1at of the state auditor, who is here
4 by authorized AID required to draw
the said warrant for moneys due un-
der this act, upon the order of the
railroad and warehouse commission
erS.
And chapter IA, section p, acts of
1885 (section 545 Kelly's statutes),
provides that the railroad commits
sioners shall have the right "to fix
the rate of charges for inspection OF
grain," so that the act of last winter
simply broadened that power and de.
clared that the rate SO fixed should
not be less than so cents per car
Here is the session:
Sec. 12 The railroad and ware.
house commissioners shall fix the
charges for storage, inspecting,
weighing and handling of grain, in.
lcluding the cost Of receiving and de-
1livering; said charges shall be and
constitute lien on the grain SO re-
ceived; and said charges for re-
ceiving, inspecting, weighing, hand
ling, storing and delivering
of grain shall be collected
by the inspector, warehOuseman or
assistants, and shall be by them paid
into the state treasury, and be
known as the grain and warehouse
fund; provided that the minimum
fee for inspecting grain shall be fifty
cents per thousand bushels or car
load lot and twenty-five cents for
weighing like quantity.
The reader will perceive that there
are no words of limitation here
which would justify the interpreta-
tion of the Attorney General. 1t
docs not say that the Board shall fix
| the charges on wheat going into that
state elevator. 1t applies, like the
act of 1885, to all wheat, and repeats
the language of that act as to the
warehouseman, meaning all ware
hOusemen collecting it. 1t is an
outrageous thing that any lawyer
would read words into an act which
are not in it; and from these deduce
a conclusion to overthrow the clear
]&ntent and purpose of the legislature.
There is no law that ever was drawn
that could not be nullifed in the
same way.
Read the next section of the bill:
! Sec. 13. The state treasurer shall
keep as a separate fund ALL money
received from the inspection, weigh
ing, handling or warehOuSing of
grain, publishing the market report,
or in any other manner connected
with the warehouse business; said
fund to be known as the grain and
warehouse fund; and pay the same out
on the order of the board of railroad
and warehouse commissioners. The
grain inspection fund is hereby trans
ferred to and consolidated with said
fund. M
This makes it very plain that the
law was intended to apply to the in
spection fees on ALL wheat inspect
ed, whether the same was destined