The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-06-29

rer be ana the same is hereby sustained.
Dated September Is, 1893.
JOHN W. WILLIS,
District Judge
MEMORANDUM OF COURT.
The order of the court will be that the
order to show cause is discharged; that
the preliminary injunction will not issue
and that the court finds in the negative
upon all the propositions upon which pre-
liminary injunction is prayed.
tn inform counsel of the reasons wnlch
have governed me in reaching TINS coiiclu-
.ion will state that, In my OPINION tno
oct Of the year 1895. providing lor '"e ~
snection Weighing and grazing VI ~
80 ono Of great benefience. IL was GU
was oi ;n resnonse to a complaint from
$500 hodv If our citizens that the oIoihaAs
ethods of grading, weighing anu snlppo
Grain had caused them great h''us o,,;,
Great losses it was to remedy a.. ~
which the legislature founo " eNA7'
This legislation was enacted. ~oo+
IT is impossible for the courts 10 a,leI ,
,anor.nce Of the ordinary manner OF oeal-
Two with merchandise of all descf'p'ioi1'
ond the methods of transportation VI So
merchandise. and, in the case ol q ~,
would he idle to affect ignorance Vi tn1
aonnor in which it is stored ana shlpPeo'
daan, II entirely proper for the state
l., tho EXERCISE of its functions or protect
ing its citizens against wrong throush tne
exercise Of police power, to estaols ~
vators: not for the purpose Oh ensae,e
IN the business Of storing gram, out as ~
cident,l TO the inspection, which is geher-
~, o;,,on to grain when it is in the pro-
zoos IF delivery to an elevator, or Wnlle IL
is stored in an elevator, or "nlle IL 10 ~
process Of shipment out from an eieta,oi
or warehouse And in using the ter" ere
vator." I intend to be understood as usiis
that term as applicable to the term ware
al
10 - ,sa9 which is before us for consider
alton. . nc &c
described in the act of 1893, is an appropri-
ate instrumentality. practlcal ana e.
fcient agency in the hands Of the state
ror +ho insnection of grain. In the eXer-
else of it's police powers, the state mas lhe
same right to erect an elevator or ware
house that it would have to erect pulidlhs
to serve as an office for grain Inspector
the same right it would have TO erect
building in which to keep the weights ana
measures used in connection with the in
snection of grain The elevator so erected
is not to be considered as pubnc I'M
provement in any other sense tnan any
structure is to be SO considered Whlch Is
necessary and material for the execution
of some of the great functions Of gov
eminent
The proposition that the operation OF the
act of 1895 has. by reason of the excessive
fees charged for the inspection OF grain,
erected a revenue which practically makes
that act operate as revenue act, ana not
as an inspection ct, and that such course
and tendency is emphasized by the act Of
1893 is overruled. The fees are not shown
to be excessive, because, although large
sum has been realized over and above the
necessary expenses which has been hlther-
to incurred in the inspection OF grain, nom
constant that it was the intention of the
1oui c1of,1 n extensive agencies
and appliances in and about the inspection
of grain: and it entirely proper for
the legislature to make the fees so large as
to cover all the present and contemplated
expenditures for the purpose Indicated
The proposition that the enforcement and
execution of the act Of 1893 will create
debt against the state is negatived and
overruled. The act, so far as 1t may be
held to require payment for the construction
of the elevator, requies payment In cash.
1t does not authorize the issuance OF any
bond or certificate Of Indebtedness. 1t
does not require or authorize the board
of railway and warehouse commissioners
to make any promise to pay for the con-
struction Of the elevator at any rate fu-
| ture to the date upon which the elevator
| is to be completed. An appropriation by
language in the present sense Is made,
which, according to the terms Of the act,
| is to cover the entire cost Of the construc-
| ton of the elevator. The money so appro-
priated is to be taken from certain fund
| described in the act. 1t appears from the
| complaint, as is conceded on demurrer,
| that the fund at the present time does
| not amount to a sufficient sum to cover
| this appropriation, and 1t will not by the
| LIST day Of October, A. D.. 1894. There is no
| presumption that the state intends to be
| in defualt at that time. There Is no pre-
| sumption that the discharge of a public
| duty will be left by the present legislature
| to any succeeding legislature. Regarding
| the state as an individual. an entirity, it
| must be within the intention of the state
| to provide by the hands of the present leg
| islature means to defray the entire cost
| Of constructing this elevator, and the pre-
| sumption Is that the present legislature
| will again convene and will make the ne
| cessary appropriation and supply the ne
| cessary funds for the purpose.
| Again, in my opinion, even though the
| entire cost of the elevator should not be
| paid prior to the 1st day Of October, A. D.
| 1894, but by the terms Of the contract the
| contractor should take this appropriation
| of money in installments, from time to
| time the grain and warehouse inspec-
| ton fund admitted, that would not, in any
| sense Of the word, constitute an Indebted
| ness upon the part Of the state. The in
| debtedness referred to in the constitution
| is evidently that which is contracted by the
| issuance Of bonds, certificates of in
| debtedness and not those temporary debts
| which occur from time to time in the exc
cuticn Of objects of great public impor-