The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-07-13

ing markets Of this country and Europe;
also, the freight rates to such markets by
the different means of transportation; also,
to publish a weekly bulletin showing the
prices paid in said markets for farm
products, and the rates of freight between
Duluth and Minneapolis and said markets.
said bulletin to be kept on file "in said in
stitution,' and in the office of the commits
siorers in St. Paul. and also to be furnished
by mail to all persons who may order the
same. at price to be fixed by the commits
sioners, not exceeding one dollar per annum
The commissioners are also to send samples
OF grain, being exported tc the various
leading markets of the world. for inspec-
ton and to secure prices to their mar
ket value. that they may know whether the
markets of Minnesota are within reason
able difference in price of the markets of the
world. Said commission shall have power
to purchase and export quantity of grain
to any of said markets, if they deem such
course advisable, in order to ascertain the
facts IN the case; 1t being the intention of
this act to prevent mOnopolizatiOn and I'M
just control of the markets of the state
for farm products
1t seems to us as plain as words can
make it-too plain to admit of argument
that the provisions of this act have re-
lation or reference whatever to the exer-
else of the police power to regulate the
grain elevator business. We cannot dis
cover, and counsel have failed to point out
Single provision OIL the act tnat mas any
relation to. or any tendency to accomplish
any such pun pose. Aside from the provis-
ions of sections and 4. for what we may
term a bureau of information as to the
state OF the markets and rates of trans
portation. (Which have relation to the
exercise of any police power. and the Goa
nectiOn between which and elevator of the
capacity of 500. 900 bushels. with ''all neces-
sary spur tracks. terminal yards and other
facilities TO receive and ship grain is not
apparently the evident sole purpose of the
act is 10 provide for the state erecting an
elevator. and itself going into the grain
elevator" business. All the provisions of the
act as to receiving. handling. storing, and
delivering grain clearly have reference only
to the management of the business con-
Quoted by the state in it's own elevator
The kCyn )te to the object of the law is
we apprehend. to be found in the last clause
OF section above quoted as to the inten-
ton of the act; and far relates to
the right of the state. under the police
power, to regulate this BUSINESS the posi-
ton of defendants counsel really amounts
/, to this: That whenever hose who are en-
gagged i'll any business which is affected
| with public interest and herce the sub
jet of governmental regulation. do not
furnish the public proper and reasonable
service, the state may. as q means of rcgu-
latins the business, itself engage in it. and
furnish the public better service at rea-
sonablc rates. or, by means of such safe
competitions. compel 9th ATS to do 50. The
very statement of the proposition is suf-
ficent to show to what startl ng results it
Necessarily leads. 1t needs no argument 70
prove that If. ir the exercise of the police
power to regulate this business the state
itself has right to erect and operate one
elevator at Duluth. it has the power to
erect and operate twenty, if necessary, at
the same point, and also to erect and oper-
ate elevators at every point in the state
where there is grain to be handled and
stored. Railways are also, III der this same
police power the subjects of state regula-
ton; and if 1t should be deemed that they
We're not furnishing the public with proper
service, or charging unreas onbale rates. it
could with equal propriety be claimed that
it would be a proper means of exercising
the police power of regulating the business
for the state itself to construct and operate
competing railways The hack business the
pawnbrolSers' business. the manuf .ctjlre and
sale of intoxicating liquors, and numerous
other kinds of business that mi yht be named
are also the subjects of state regulation
and, II cOunselS contention is correct We
do not see why. as a means of regulating
these kinds of business, the state itself
might not engage in running hacks, pawn
brokers' shops. building and opera ting dis
tIllerIes and breWerieS. or even running sa-
looms. But further illustration cannot be
necessary. The police power of state to
regulate business does not include the
power to engage in carrying it on. Police
regulation is to be effected by restraints
upon business. and the adoption Of rules
and regulations to the manner in which
it shall be conducted. While the j,,rists of
continental Europe sometimes include under
the tenn police power all governmental
institutions which established with pub
lie funds for the promotion of the public
good. yet, as understood in American con-
Sttutonal law, the term means simply the
power of the state to impose those re-
straints upon private rights which are
necessary for the general welfare of ALL
and is but the power to enforce the
maxim. Sic utere tue ut al:enum non
laedes." The provisions of this act have no
reference to the regulation in any such
sense. of the grain elevator business" and
the right of the state to embark in the
construction and operation of these works
cannot be predicated on The police power
"a" Herein the court deliberately
and purposely ignores the condition of
the grain growers of this state, and of
which the act of 1893 arose. They
wero entirely in the power of a combi-
nation Of warehouse and elevator own
ers, who stood between them and the
external markets of the world. They
were as completely in the power of that
ring as if it had invaded their fields
with all army with cannon, and taken
possession of their crops standing in the
shock. 1t was in its power to deprive
them Of a market. There was no limi-
tation to its supremacy over their
products except to leave the wretched
farmers enough to induce them to raise
another crop.
1t was Of little CT no benefit to the
producers, to prevent this society OF
thieves from mutually plundering each
other, if there were no means to ore
vent them from jointly plundering the
producers.
The court admits the right Of the
state, in the exercise Of it's police DOW
ers, to regulate the business of receiv-
ing, weighing, inspecting and storing
grain for others in elevators or ware
houses, as being a business affected
with public interest, is now settled be-
yond all controversy" but when the
people of the state Of Minnesota,
through their legislature, declared that
the business of receiving. weighing,
inspecting and storing grain," had been
taken possession of by associated
thieves, and that, for the protection OF
large part Of the population of the
from, r,,ir. thou rou-t how, on o,,+