The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-28

This Was Also Among the Plans Dis
cussed to Relieve the Produce
Commission Trade of the Situn-
ton In Which 1t Has Been Placed
by the Decision of the Minnesota
Supreme Court.
The commission men are not going 10
submit tamely to the enforcement OF the
Grindeand law requiring commission men
and grain dealers to be licensed and SUBJ
jecting them to the regulation of the
state railroad and warehouse commission,
the constitutionality of which was sus-
tained by the state supreme court last
Thursday. At a meeting Of representa-
tives from the produce exchanges OF y.
Paul, Minneapolis and Duluth he'd last
evening at the st. Faul chamber Of COM
merce, at which there were about fifty
commission men present, three PROPOSE
tions were considered, to appeal the case
to the United States supreme court on
the ground Of its unconstituttonal1ty, TO
pay the license and furnish the bonds re-
quired under the law, or to abandon the
purchase their produce outright. The
course last named, with only two dissent
ing votes, was declared the sense of last
nights meeting and will be broached at
larger meeting to be held tonight.
F. O. Tilton, president of the Mime
apolis produce exchange, presided at the
meeting, which was executive, and L. Il.
Palmer, of Palmer & Beck, attorney for
Thomas B. ReGpath in the test suit, eX-
plaincd the points Of law involved in the
supreme court decision. lie believed that
an appeal to the United States
supreme court would be success
full and cited his brief in which
it Is contended that the statute is not
constitutional because it is not a proper
exercise of tho police power of the sta g,
and secondly, because it is class legisla-
ton, and in violation Of the Fourteenth
amendment to the federal constitution,
which says: mo state shall make or en-
force any law which shall abridge the
privilege CIR iYnmunities of citizens Of the
United States, nor shall any state deprive
any person of life, liberty or property
without due process OF law. nor deny to
equal protection Of the laws"
GUARD THEIR BOOKS.
It is also contended that the provisions
in the law requiring commission men to
produce their books On demand Of the
railroad and warehouse commission Is N
violation Of the fourth and fifth amend
ments to the constitution Of the United
States. The fourth amendment provides
that the right Of the people to be secure
in their persons, houses, papers, and eff
feets against unreasonable searches and
seizures shall not be violated, and the
fifth amendment which provides that no
one shall be compelled in any criminal
case to be witness against himself.
1t is also contended that the law is in
conflict with section s Of article l Of the
federal constitution which reserves to-
congress the right to regulate commerce
between the several states.
After Mr.. Palmer has concluded several
of the commission men advocated the
appeal and others thought the best plan
would be to send out a circular letter
to the shippers notifying them that no
more goods will be received on eonsign-
ment, thus abandoning the commission
feature Of the business and becoming
buyers and sellers. In order, as he
stated, to test the sense Of the meeting
Assemblyman Thompson offered a resolu-
ton to that effect and there were but
two dissenting votes.
eff the commission merchants will
stand together in St. Paul, Minneapolis
and Duluth declared J. B. Hoxsie, of
St. Paul, "and become buyers and sellers
the law will become a dead law in short
order
Owing to the smallness Of the attend
ance it was decided to take no binding
final action and the consideration of the
question was laid over until meeting
to be held tonight
Attorney ] H Beck, representing the
commission men, called upon the railroad
commissioners yesterday and held short
conference.
Under the Grfndeland bill, passed at the
last session of the legislature and ef-
fective June l, it was provided that COM
mission men in every line of business
throughout the state furnish bonds and
give an accounting to the railroad COM
mission Of sales made
Assurance, at least unofficial, was given
that If the commission men should de-
termine to make an appeal to the su-
preme court Of the United States on the
contention Of violation of the constitu-
tion the commission would render than
any assistance possible in securing de-
termination of the merits Of the law.
The decision was the subject Of
spirited discussion at the regular morn
ing meeting of the Minneapolis produce
exchange. Every commission firm in the
Mill City but two was represented.
AGAINST HE BILL.
e. G. Potter who besides being a
prominent commission dealer is a state
senator, and was one of the vigorous
fighters against the bill on the floor of
the senate last winter, was the principal
speaker. He declared that unless the
commission men took concerted action
looking to the carrying Of the case up
to the federal supreme court he would
fight it through himself. Being familiar
through his senatorial experience with
all the provisions of the bill, he was ap-
pealed to by the exchange for his opinion
Of the courts decision. He had a copy
of the decision before him and in turn
took up the points involved. To him it
was plain as the nose on ones face that
the law was unconstitutional, and he ex-
pressed full faith that it would be so
determined by the higher courts. He
made three points against the law, any
one of which, In his opinion, should
throw it out of court.
In the first place there was involved
the question Of interstate commerce.
This necessarily could not be passed upon
by the state courts. Then, the provision
giving the railroad commission the right
to investigate the affairs Of the COM
mission men was clearly wrong, in that
it gave that body a power rightly pos
cessed a1Ona hv the grand iurv And tho