New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

secunvely numbered, and no two receipts
shall be issued during the same year fran
the same warehouse, except when the same
Is lost or DESTROYED, in which case the new
receipt or certificate shall bear the same
date and number as the original, and shall
be plainly marked on its face duplicate
Warehouse receipts or certificates shall not
be issued except upon grain which has
actually been delivered In said county ware
house. Warehouse receipts shall not be is
sued Tor greater quantity of grain than
was contained In the lot or parcel stated
to have been received. No receipt or GER
tifcate shall contain language In anywise.
limiting or modifying the liability Of the
party Issuing the same, as imposed by the
laws of this state, and any such language,
IL inserted, shall be null and void.
"A failure to specify In such warehouse
receipts or certificates the true and correct
glade and net weight, exclusive Of dockage,
OF any lot of grain to which the owner Of
such grain may be entitled shall be deemed
misdemeanor on the part of the person
issuing the same, for Which, on conviction,
he may be punished as hereinafter pro-
vided.
Sec. 8. In case there is disagreement
between the person in the immediate
charge Of and receiving the grain at such
country elevator or warehouse and the per-
son delivering the grain to such elevator
or warehouse for storage or shipment, at
the time of such delivery as to the proper
wise, on any lot of grain delivered, an
average sample of at least three (3) quarts
OF the grain in dispute may be taken by
one or both parties and forwarded in a
suitable sack. properly tied and sealed, ex-
press charges prepaid, to the chief inspec-
tor of grain at ST. Paul, which shall be ac-
companied by the request in writing Of
the said chief inspector shall examine the
same and report what grade or dockage, or
both, the said grain is, in his opinion, en-
titled to ard would receive If shipped to
the terminal points and subjected to official
inspection. It shall be the duty Of said
chief inspector, as soon as practicable, to
examine and inspect. such sample Of grain
or both. to which said sample is, in his
Judgment, entitled and which grain Of like
quality and character would receive If
shipped to the terminal points and sub
jected to official inspection.
AS soon as said chief inspector has ex-
amined, inspected and adjudged the grade
and dockagee as aforesaid. he shall at once
make out in writing and i'm triplicate
statement of his Judgment and finding in
respect to the case under consideration, and
shall transmit by mail to each of the par
ties to said disagreement copy Of the
said statement of his judgment and finding,
preserving the original, together with the
sample on file in his Office.
The judgment and finding of the said
chief inspector shall be deemed conclusive
as to the grade or dockage, or both, of said
sample submitted for his consideration, as
herein provided, as well as conclusive evil
dence Of the grade or dockage, or both, that
would receive If shipped to the terminal
points and subjected to official inspection.
Sec, 6. Whenever complaint is made, in
writing, to the railroad and warehouse COM
mission, by any person agGrieved, that the
party operating any country elevator or
country warehouse under this act fails to
give just and fair weights and grades, or
is guilty of making unreasonable dockage
for dirt or other cause, or fails in any man
ner to operate such elevator or warehouse
fairly. justly and properly. or is guilty of
any discrimination. then it shall be the
duty of the railroad and warehouse COM
mission to inquire into and investigate said
complaint and the charge therein contained,
and to this end and for this purpose the
spect and examine all the books. records
and papers pertaining to the business of
such elevator or warehouse and all the
scales. machinery and fixtures and appll-
ances used therein.
In case the said commission find the COM
plant. and charge therein contained, or any
part thereof true, they shall adjudge the
same in writing, and shall at once serve a
copy of such decision, with a notice to de-
sist and abstain from the error and mail
practice found, upon the party offending
and against whom the complaint was made,
and to afford prompt redress to the party
injured: and if such party does not desst
and abstain and does not give the proper
redress and relief to the party injured, it
shall be the duty Of the said commission to
make special report Of the facts found
and ascertained upon the investigation of
said complaint and the charge therein CON
tained which report shall also include
made therein to the attorney of the county
where such elevator or warehouse is To-
Gated, who shall institute and carry on in
the name Of the complainant such actions,
civil or otherwise, as may be necessary
and appropriate to redress the wrongs COM
planned of and to prevent their recurrence
in the future.
Sec. Z. Any person, firm or corporation
ar
try elevator under this act shall, at any
and all times, when requested by the rail-
road and warehouse commission, render and
furnish in writing under oath to the said
commission a report and itemized statement
of all grain received and stored in or deliv-
cred or shipped from such elevator or ware
house during the year then last passed.
Such statement shall specify the kind.
grade, gross and net weight Of all grain re-
ceived or stored and all grain delivered or
shipped, and shall particularly specify and
have occurred during the year. Such state
ment and report shall be made upon blanks
and forms furnished and prescribed by the
railroad and warehouse commission.
The commission shall cause every ware
house and the business thereof, and the
mode of conducting the same, to be in
spected at such times the commission
may order, by one or more members of the
commission or by some member of the
grain inspection department especially as
signed for that purpose, who shall report
in writing to the commission the result of
such examinations; and the property, books.
records, accounts papers and proceedings,
so far as they relate to their condition,
operation or management, shall, at all times
during business hours, be subject to the
examination and inspection of such com
mission.
Sec. 8. 1t shall be unlawful for any per.
son, firm or corporation who shall operate
any country grain elevator or country ware
house under this act to enter into any
contract, agreement, understanding or com
bination with any other person, firm or
corporation who shall operate any other
warehouse under this act, for pooling Of
the earnings or business of other different
and competing grain elevators or ware
houses SO as to divide between them the
aggregate or net proceeds Of the earnings
or business of such grain elevators or
warehouses, or any portion thereof; and in
case OF any agreement for the pooling OF
the earnings or business aforesaid. each
day OF its continuance shall be deemed a
separate offense
Sec: 8: Any person, nrm or corporation
who is guilty Of any of the misdeaneanors
speci1ied IN this act, or who is guilty Of
shall, on conviction, be punished by fine
of not less than fifty (5O) dollars and NOT
more than five hundred 900 dollars; and
may be imprisoned until the fine is Maid or
until discharged by due course Of law: and
IN case a corporation Is so convicted the
tine may be collected by execution. as
judgments are collected In civil actions. or
the property Of the corporation NAV be
sequestered and charged with the same in
appropriate legal proceedings :,
Sec. 10. All laws and parts of laws In
consistent with this act are hereby re-
pealed.
Sec. II. This act shall take effect and he
IN force from and after the date of its
passage.
Approved April 16, 1895.
NO. 1-H. f. NO. 752.
AN ACT for taking the fourth decennial
NJ fhn. Stofo oH