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


the stare Elevntor-Its Films. Pre-
lenses Exposed.
We gave two weeks ago the decision
of that great and honest jurist, Hon. w.
W. Willis, of the district court of Ram
sey county, Mimi, in the case of Ripe
| vs.. Becker, ct al Henry Ripe was the
agent and tool of the elevator ring of
Minnesota, and brought this action to
have the law Of the state Chapter 80.
| Laws of 1899, set aside as unconstitu-
tlonal, because it would afford no op-
portunity for the farmers of the state
to get their grain to the outside world,
and thus escape the crushing oppres-
sion which the elevator ring exercised
over them. The Becker defendant,
was Hon. George L.&Becker, of the state
board OF railroad commissioners, which
was by the act, authorized to build the
| state elevator at Duluth.
Judge Willis decided that the act in
| question was entirely constitutional.
and thereupon the ring carried the case
| up into the congenial atmosphere of the
supreme court of the state which is the
last sanctuary into which the plunderers
Of the people always retreat when the
indignant populace rises up against
them.
In order that our readers may have
the supreme courts statement of the
case, we quote the opening portion Of
the decision:
MITCHELL. j. The object of this action.
| briefly stated. was to restrain the board of
railway and warehouse commissioners from
| building state elevator at Duluth pursu-
ant to the provisions of chapter 50. laws
| 1885. The plaintiff assails the constitution
! atty of this act on several grounds: but
/ the only one find necessary to consider
! is that it IS in violation of section ), ar
| llcie ., Oh the constitution Of the state,
| which provides that the state shall never
| contract any debts for works of internal
! Improvement or be a party in carrying on
! such wC.ks." On the other hand the con-
| tentions of the defendant are: First, That
| the works contemplated by the act were
! merely anclary to the more effectual ex-
! erClse by tie state of its police power t.,
! regulate the weighing and inspection of
! Srain stored in bulk, and to regulate the
charges III hahdilitr and storing tue same
! IN elevators or warehouses. Second That
I the elevator and ether works provided for
III the act are not works Of internal i'm
J proven mt within the meaning of the con-
/ stitutiOn; that this term refers only to
channels of travel and commerce. such as
roads, bridges, railways, canals, rivers and
the like. We shall consider these two prop
, '.sitlons iii the order named.
. Inc flSht CT the state, in the exercise of
/ us police power. to regulate the business
OF receiving. Weighing, inspecting and stor-
Ing grain for others, in elevators or ware
houses. as being business affected with
public interest is now settled beyond all
controversy. This power extends even to
fixing the charges for such service Mum
/ V. illinois, 81 L. s., 10: Budd V New York.
i l43 l. 5. ol'. u Sup. CT. 1853 And where
! business Is q proper subject of police regll-
! lation. doubtless, the legislature may, in the
! exercise Of that power. adopt any measures
! they see tit, provided only they adopt such
as nave some relation to, and have some
; tendency to accomplish, the desired end;
ana II the measures adopted have such re-
f lation or tendency the courts will never as
sumo to determine whether they are wise
or the best that might have been adopted
! State V. Donaldson II Mimi, "A, AZ N. w
/ 'el. How the grain elevator business may
! be and has been regulated is Illustrated by
; the statutes OF this state enacted for that
/ purpose, notably chapter IA, laws 1885, and
chapter IS, laws 1893. The first of these
statutes declares all elevators or ware
! houses at certain terminal points, in which
grain is stored in bulk, public warehouses;
1 Requires the proprietor or manager to OBJ
tain license and give a bond: to receive
1cf storage all grain in suitable condition
Wnen rendered. Prohibits hint from mixing
grain of different grades. Requires HIM to
Keep grain in separate bins waen re,Utsted
! by the owner Provides what kind and
/ form of receipt he shall give for the grain.
In contrast with this we turn to
| Tue act OF Io35. now under considerable Its
i title IS, An act to provide for the pur-
/! chase OF site ana Tor :he erection of a
! state elevator or warehouse at Duluth in
/ this state for public StCraS1 Of :, ain and
! the regulation thereof, - pGb ii !. mlrEet
| report, ana to appr D.il,e money for that
purpose. 1t orders the establishment OF
! d Warehouse and elevaJ )r. of Z total ca
! paclty OF 1oOU,CO0 bushels of grain to he
| located on Duluth harbor on ST. Louis bay
where there is nAvigabie water or wher,
! docks can be established for the largest
vessels in the carrying trade on Lake Su-
perior. and on such point as shall offer ter
| minal facilities with the various railroads
| centering At the head of Lake Superior.
that said institution shall be under the
| control and management of the board of
| railway and warehouse commissioners who
are requested to locate the same, procure
| the necessary site and erect the necessary
buildings thereon, with the PROPER eol,ip-
! ments and facilities to carry the act into
! effect, and build or procure .'all necessary
! spur tracks. terminal yards and other IA
| cilltfes to receive and ship grain"
| and provides for the manner of nayment
Tor the site and the construction of the
| building; and appropriates $4,000 for that
| purpose out of any moneys in the state
| treasury belonging to the grain and ware
house fund. to and with which the grain
| inspection fund. under the act of 1895, is
| transferred and consolidated. The elevator
| is 10 be under the management of the board
! OF railway and warehouse commissioners
| VINO are to appoint suitable person as
E, WarehouSeman ''of said state elevator or
| Warehouse, and such assistants as are
| necessary. and adopt such rules and reeu,a
| lions Tor the receiving, handling storing
ana delivering grain they shall deem
| proper, with power, in case they think thai
! any person or combination of persons is
! seeking Ito monopolize said elevator" tn
| aoopt rules limiting the amount of grain
| which amy one person. combination or cor
| poratlon may have In the elevator at any
one tlne. They are also required to fix the
charges Tor storing, inspecting weighing
| ana nandhng grain. including the cost OF
receiving and delivering. which charges are
10 be a lien on the grain so received and
When collected. to be paid into the state
| treasury to the credit Of the grain and
warehouse fund The elevator Is to he
cleaned and measured up" once each year
TO ascertain whether there is any gain OF
loss by the system Of deckage. In connec.
ton with their duties in managing and op-
Grating this elevator. the commissioners art