The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-09
BOILER LAW VALID
SUPREME COURT DIFFERS FROM
JUDGE EGAN IN THE GRAHAM
CASE.
EXEMPTIONS NOT IMPROPER.
COURT FINDS JUSTIFICATION FOR
THE CLAUSE IN THE LAW
OBJECTED TO.
zELCH's FEES ARE ALL RIGHT.
As Are Those of the other Members
of the State Board of Boiler
Inspectors.
EXEMPTIONS NOT IMPROPER.
zELCH,s FEES ARE ALL RIGHT

The supreme court yesterday, Judge
Collins writing the opinion, overturned
the position taken by Judge Egan in
the now celebrated Graham case, in
volving the constitutionality of the
state boiler inspection law. Graham,
who is stationary engineer in Mime
apolis. was arrested charged with run
ming an engine without a license. He
asked his release from custody on the
ground that the law was unconstitu-
tional, exempting as it does locomotive
engineers from its operation, as well
SIS engines and boilers which are in
sured in the boiler insurance COM
panies. Judge Egan ordered his re-
lease, but the supreme court reverses
this order and remands Graham to the
custody of Bailiff Mcmahon, of the mu-
nicipal court, in which court Graham,
IL the natural order of things, will
now come up for trial on the facts,
unless he secures a license and settles
the case.
State Of Minnesota ex rel. Harry Graham,
relator, VS.. Thomas Mcmahon. bailiff, ETC.,
appellant
1. General Statutes 1894 section 493. a
part of the act of 1889. generally known as
the Boiler Inspectors Act, construed. Held,
under the language used in that section that
locomotive engineers only are exempt from
the provision, which requires all persons in
trusted with the operation of steam boilers
or steam machinery to procure license
2. Held, further, that steam boilers brought
within the exemption provided for In the
same section are those which have been in
spected by insurance companies duly author
ICED and whose business it is to insure steam
boilers within the state, which have been in
Spected and certified safe by the inspec-
tors of such cOmDaQieS,
8. None of the provisions Of said section
493 render the act of 1889 unconstitutional
Order reversed and relator remanded to the
custody of appellant. Collins, J.
In the opinion, Judge Collins goes at some
length into the view taken of the law by
Judge Egan, but differs from him in his
conclusions He is of the opinion that the
legislature, in making the law, as it did,
exempted locomotive engines because of the
knowledge that they are always under care
full inspection by the railroad management,
and the engineer who runs them are Of neces-
sity experienced or they are not employed
The exemption of such boilers are in
sured by the companies referred to is also
discussed, the court holding that this ex-
emption based the belief, and fact.
that such insurance companies, by reason of
a deep interest in the boilers and engines,
subject them to a more thorough and fire.
Quent inspection than would ordinarily be
made by state or other public inspectors
From these reasons, the court concludes that
the exemptions were proper, and reasonable
and not of a character to bring the measure
under the ban of class legislation.
State Boiler Inspector John Zelch is quite
pleased with the decision in the case. Had
the supreme court sustained the position of
the lower court 1t would have practically
abolished the state board of boiler inspectors,
of whom he is one. Now, however, the board
will continue its inspection and licensing Of
boilers and men before. Mr.. ?elch states
that the defense in the Graham case has
been backed by the Minneapolis representa-
tive of an Eastern firm, which sells engines
fhTnShinp ryhio oh
were refused licenses by the board in the
northern agricultural districts, and for that
reason the company desired to see the law
stnvalidated.
Assistant Corporation Attorney Oppenheim,
who defended the state law in the court is
as highly elated over the outcome as is
Mr.. Zelch, the decision Of Judge Egan hav-
Ing been great surprise to both.