St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-09

And the Provisions of the State
Constitution Are Quoted in
Support of the Attempt to Pre-
vent Erection-Historyo Of the
Movement for State Grain
Bin.
Few things in the annals of the state
of Minnesota have provoked more
caustic comment and more exciting
controversy than the public elevator
project, one of the most bitterly fought
measures that was passed by the last
legislature. 1t was one of the declared
principles of the neople's party to build
a public elevator at Duluth and to run
it under state control and at the expense
of the state-and upon this issue that
party went before the people for pop
ular Endorsement at the polls at the last
election. After an almost interminable
struggle, and tenacious and sagacious
fight led by the redoubtable Sage of
Nininger, the measure took form in TN e
senate, and it finally became law. The
act received the signature of the ReDub-
)ican governor, and it then became a
law and operative, so far as things
superficial 90.
But now comes grain dealer of Fair
mount, i'll Martin county. who contends
that the measure is in conflict with the
fenets of the constitution, and there
fore null and void, and he fortIfies his
position with injunction proceedings
brought in the Ramsey county courts
yesterday, i'll which he prayS that the
court will restrain the state railway and
warehouse commission from conSu M
mating the plans contemplated in the
new law. These papers were filed i'll
the court, and a copy was served upon
the commission and upon the state
auditor respectively.
The complaint is voluminouS affair,
and is written in the subtle verUiage of
legal phraSeOlogy. The attorneys vino
are the authors Of the instrument are
MessrS. Wilson & Van Derlip, of Min
neapoliS, ana the full text of the COM
plant would fill columns of close print.
The ground upon which the action is
founded is taken from article of the
state constitution, and the sections di-
rectly pertaining to the same are re-
produced i'll this story of the affair.
History of the Bill.
To most readers of the GLOBE the
story of the public elevator project that
has excited Mr.. Ripe to drastic action
Is not unfamiliar. a full and compre-
hensive recital of the incidents from the
very inciplency to the time of bringing
this action has been given in these col
umns. The legislature last winter
passed bill instructing the state rail-
way and warehouse commission to pro-
coed to the erection of a public ware
house and elevator for the reception of
grain, upon site that, the act also
directed, should be purchased by the
commission on st. Louis bay, and that
this Institution should have a capacity
of 100000 bushels. An appropriation
was incorporated in the law of $500, 900
to be drawn from the grain inspection
fund that was then in the treasury and
that would accrue from time to time.
The commission made a careful in
Vestigation of the conditions and the re
sources, and came to the conclusion that
an Authorization of the contemplated
plans would not only be ineXpedient.
but unavoidable. They found upon the
Aest available facts that the cost of an
operating elevator alone. with a capacity
of 100000 bushels, together with the
necessary trackage, foundations, ma
chinery and equipments, would amount
TO about the 100000 of the appropria-
ton. They found, moreover, that the
annex would cost $50, 900, and, adding to
this the cost of the site, the architects
fees and other unavoidable eXpendi-
lures, the entire cost would be brought
up to something like 100000.
Acting upon this hypothesis. the
commission went to Duluth and viewed
several desirable sites. They finally de-
cided upon a tract of land that is said 10
be admirably located for the purpose,
on st. Louis bay, and $1,000 was paid
for it and the site passed into the pos
session of the state in fee simple. 1t
was decided to build an operating ele-
vator only the present season, with a
capacity of 100000 bushels, and plans
for such structure we're advertised
for. The architects of the state re-
sponded.in numbers, and the board Sc
lected the plans of Mr.. Record, of Mime
apolis, as they seemed to be the best
adapted to the purposes. Then it was
the purpose to build this elevator and
wait until the next session OF the legis-
lature for
An Additional Appropriation
to complete the plant. In acco rdance
with this project proposals for building
the structure were advertised for, and
these bids were recently opened. when
it was found that Contractor O'Neill, of
st. Louis, was the lowest bidder. His
proposal was to put up the operating
elevator for the sum Of S19S, 700, and a
contract was practically awarded to
him, although the papers have never
been executed. The reason for this is
explained in the fact that Mr.. O'Neiil is
now in Chicago arranging to exchange
state warrants for the materials that he
would need i'll the construction of the
elevator. He is expected to return to
st. Paul any day, and it was the idea of
the commission when it went 10 Duluth
Monday evening that the matter would
all be fixed tomorrow. The reason that
1t was necessary to make the exchange
of the state warrants Is that only $50.
600 is now available for the purpose.
This is recital of the history up tc
the intervention of Mr.. Ripe. The
fundamental position that is assumed
in the complaint and the prayer for a
temporary injunction is that the consti-
tuition explicitly states that there car
be no internal Improvement made-and
it is maintained IN the papers filed that
the elevator in question is an internal
improyement-unles it shall have been
preceded by land grant, and there was
no land grant in the present instance
Furthermore, it is alleged that it will
create public debt of more than $50,
600, contrary to the provisions of article
9 of the constitution. 1t is then stateC
or asserted that the plaintiff, together
with other freeholderS and taxpayers Of
the state, are without remedy to pro
fanr thppl snlN,ac from or