The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-12-21
THE REPRESENTATIVE WEDNEsDAY.-nECEMB 81, 1898.

which case he has the right of appeal to
the railroad and warehouse commt5s1on
The method of appeal is provided in section
"a, of the warehouse and grain law Of 1885,
as follows: 4st foglI
Sec. 81. In case any owner, conaigrae,
or shipper of grain any warehouse mat-
ager shall be aggrieved by the decision of
the chief inspector or any Of his deputies
an appeal may be had to the railroad and
warehouses commissioners, and decision Of
a majority of such commissioners shall be
final and the railroad and warehouse COM
m1SStOners are authorized to make all recess
sary rules governing such appeals; provided
that the party appealing shall pay to the
chief inspector sum not to exceed five $50
dollars per case before said case be rnier-
tailed which sum shall DE refunded. in case
such case is sustained"
While there has never been an instance
In my recollection, in which the justice of
the decisions rendered by the commission
has been questioned, there have been many
expressions of regret that the facilities FOR
final appeal were made by statute so slow
and difficult. 1t Is on this account that ap-
peals are not more often resorted to, and
l am Of the opinion that there is reasonable
ground for dissatisfaction with the present
law in this respect and that the rules for
appeal should be so changed as to make this
right as free and available as that of re-
inspection. Under present conditions, an ap
pelant must file notice In the Office of the
chief deputy at the terminal point where
the grain In dispute is located. The chief
deputy must then carefully procure official
samples Of the grain in question and for
ward them by express to the office of the
commission in st. Paul, before the appeal
can be considered and their decision
reached. This involves at the least "a to IS
hours delay. If the commission Is absent
from the city attending hearing, fire.
Ouont1V further is eXnnrinno01
before the decision in the case can be prop
erly presented and decision rendered In
the meantime the grain in disput must be
held on the track to preserve its identity,
subject to demurrage charges and possible
loss from changing markets. That time
is money is not more forcibly exempiifei
than in the grain and railroad business.
Every moment of delay in the inspection
and delivery of grain means a loss to the
owner and deprives the railroad companies
we'll as anxious country shippers of
the Of these cars.
The fact that the present machinery of
appeal as has been shown, is slow and,
therefore, In a sense prOhibitive. has given
rise to a feeling in some minds that the sys-
tenn of inspection is an arbitrary one, or to
use the common expression, Is "Oneman
power" This sentiment is frequently heard
and is not confined to the country shippers,
but shared equally by the millers, commits
sion merchants, the private warehousemen,
or mixers, and other interests connected
with the trade The department is seldom
free from friction with one or more Of these
conflicting interests and it matters little
how fairly we may endeavOr to adjust these
constantly arising difficulties, there often
remains more or less feeling that the con-
testants should have had partial voice
representation in determining the result
In face of these indisputable facts and
conditions, and after a long, careful and
earnest consideration of the whole subject
/ a q
a radical change from present methods of
appeal My own judgment is that all ques-
tons of terminal inspection should be de-
cided promptly and on the ground where the
controversy originates. To do this would
necessitate the appointment of an appeal
committee to reside and serve in that
capacity at each of the two larger terminal
points, Minneapolis and Duluth. These
boards should each be composed of at least
three persons, the first qualification to be de-
manded being experience and fitness for the
work. The board of appeals should also be
eminently representa- tive Of the different in
terests involved, with leaning toward the
interests of the producer. representative
farmer and a commission merchant would
give this complexion to the board, while the
third member could represent the buying
interests. The decisions Of these boards
would establish standards for the govern
ment of the inspection department and re-
lieve it of some of the burdens and criticism
to which it is subjected In my judg-
ment the responsibility for these appoint
ments should rest exclusively with the gov
ernor of the state. While the duties would
not be arduous, the compensation should be
sufficient to insure the acceptance of such
appointments by first-class. representative
men. This could be provided for out of
the department fund.
In offering this recommendation for the
consideration of your honorable board 1
feel firmly convinced that such a change
connected with the present methods, and
which falls upon the grain shippers and
owners we'll as railroads companies but
it will solve also many of the difficulties
which now embarrass the department and
will dispell many misapprehensions that
now exist. I further believe that the prop
osition, when thoroughly understood, would
meet with general appreciation.
1t has always seemed to us that while
the present system Of wheat inspection
may be we'll enough to protect the local
buyers from the rapacity of the larger
buyers at the terminal points, it affords
no protection whatever to the producer
Of the wheat. He has to take whatever
the local elevator man offers him. For
him there is no inspection, and no ap-
peal, and no competition. He is utterly
at the mercy of the buyer.
1t is, of course, to the farmers inter-
est that the terminal buyer shall not
rob the local buyer, for then the local
buyer, to get even, will have to turn
around and rob the farmer.
But there should be some way to pre-
vent the local buyer, out of pure Gus
sedness, robbing the farmers. Id.
BUSTED.