The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-02
WILL FIGHT 1T OUT
MINNESOTA GRAIN INSPECTORS TO
ASSUME THE AGGRESSIVE AT IS
SUPERIOR.
WILL BOARD BOATS AT DOCK
WHETHER THEY ARE ON THE
MINNESOTA OR THE WISCON-
SIN SHORE.
ATTORNEY GENERAL ADVISES
That the Board Stand ON It's Rights
i'm Waters Between the
States

Acting under very important ruling
from Attorney Genral Childs. the Min
nesota State Railway and Warehouse
commission yesterday made an impor-
tant move anent the grain inspection
imbroglio at the head of the lakes.
The attorney general was asked some
time ago for an opinion upon the pro-
posed innovation, and the ruling was
filed with the commission yesterday.
Under the advice the commission yes
terday directed Chief Inspector Clau-
sen to cause the chief deputy at Du-
luth to hereafter send his men on
board vessels loading in West Superior
and to inspect outgoing grain on board
ship. The inspection of grain before
entry into store" was satisfactorily
provided for some time ago by the
establishment of yards at Sandstone
near the Wisconsin line. but the in
spection Of grain "out of store" and
into vessels has been performed by
rather a cumbersome and unsatisfac-
tory system. Inspectors, up to the
present time, have been boarding ships
upon their arrival at Duluth from SUI
perior and making the inspection in
that manner. The new departure to
be established today by Chief Inspec-
tor Clausen directs the inspectors to
inspect the grain while it is being load
ed into ships within the Wisconsin ter
ritory. The decision by the attorney
general gives 1t as the opinion of that
official that the act by which the state
of Minnesota was organized gives the
state concurrent jurisdiction on all
water ways which form the boundary
between Minnesota and bordering
states. It Is expected that the action
OF the Minnesota railroad and ware
house commission will result in the re-
opening of all the elevators in Superior.
The Superior board will very likely
contest the opinion by the attorney
general, but this is what the Minnesota
commission wants. The inspection at
Sandstone will continue. Under the
ruling, the Wisconsin inspectors are
given just as much right to inspect
grain at the Duluth docks as the Min
nesota inspectors will claim in Su-
perior. But the Minnesota interests
still have the best of 1t, as the Wiscon-
sin grain interests have no desire to
inspect in Duluth. In his opinion,
filed with Chairman William M. Lig-
gett, of the commission, the attorney
general says:
81 am in receipt Of a communication
from a member of your board request
ing that 1t be advised whether 1t is
lawful to maintain an inspection force
on board vessels at grain elevator
docks in Superior, Wis, for the purpose
of inspecting grain in such vessels at
said elevators.
THE organization act of the state
gives 1t concurrent Jurisdiction ON the
Mississippi river and all other rivers
and waters bordering ON the said state
of Minnesota, so far as the same shall
form a common boundary to said state.
and any state or states now or here
after to be formed or bounded by the
same
"a reading Of the defined boundaries
of the state in connection with map
showing the lines thereof between Min
nesota and Wisconsin leaves no doubt
in my mind that a considerable portion
of Lake Superior forms a common
boundary between said states within
the meaning of the terms of the said
act. The city Of Superior is situated
upon that portion of the lake.
THAT being true, 1t follows that the
police force of the state may be exer-
cised as well upon the lake as the land
at least upon the portion of the lake in
question.
This is the view Of the federal court
in Inman VS.. Lindrup, 50 Fed, S51. and
is in my opinion the only rational one.
The question is, therefore. answered in
the affirmative / am, very respect
fully,
H w. Childs, Attorney General
The result of this act on the part Of
the Minnesota commission can very
readily be seen. as 1t carries the war
into the enemy's camp. That the Wis
consin grain interests will combat the
step is assured from the first. State
Grain Inspector Clausen will immedi-
ately see that the orders of the COM
mission are carried into effect