The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-29
CLAIM TO SAMPLES
STATE TO CONTEST THE TITLE
OF DULUTH HOME
SOCIETY
WHO OWNS GRAIN SAMPLES

State Grain Inspection Department
Claims the Interest, but the Du-
1uth Home Society Has Been Get
ting Them Through an Assign
ment of Their Title by Duluth
Grain Dealers and Elevator Men,
Attorney General Douglas leaves this
evening for Duluth where he will appear
for the state in the mandamus proceed
lngs brought to determine the ownership
or wheat and flax samples, secured by the
state inspection department. which comes
up In the district court tomorrow morn
ing
Inc case is brought by the Duluth
Home society against the railroad and
warehouse commission and the officers
OF the grain inspection department, to
compel them to show cause why they re-
fuse to turn over the samples to the So
ciety
The Duluth Home society is a charita-
Ole organization, promoted by a number
OF prominent Duluth women, who main
tam home for homeless children and
pace neglected children in good homes.
IN the past the society has secured all
the samples secured by the grain inspec-
ton department, and In the aggregate a
revenue Of nearly $1,000 IS derived every
year. The society secured from the grain
men assignments of their interest in the
grain, and the society claims the samples
AFTER the state has finished with them, on
this ground. There has been some cues
tloh Tor some time as to the legality Of
the transaction, and to properly deter
NINE the ownership Of terminal samples
the action is brought by the Duluth Home
society
Very little wheat is received as samples.
as the state inspectors do not on first in
specuon, take samples from the car. The
conslgnee follows the first inspector, who.
IL he is not satisfied with the grade
placed on the car by the inspector. is AL
lowed the privilege of q second insnec-
tloh' and If this is not satisfactory a
sample is taken to the inspection depart
heht headquarters. With fax the sys-
tenn is very different, owing to the grain.
II is necessary to take a sample from the
car and submit it to a process before the
grace can be fully and accurately deter
HIneo AS a result the litigation involves
almost exclusively fax samples.
Inc samples accumulate, and it has
been the policy of the department TO turn
the proceeds into the state treasury. in
stead of into the hands of the officers of
the Duluth Home society.
While the object to which the proceeds
OF these samples have been devoted for
several years is a deserving one, Inspector
helsnus believes that the proceeds prop
cry pelong to the state He believes that
the minute the sample is taken from the
car the title reverts to the state as the
procuring of the sample is a necessary
incident to the inspection of the grain
ana is authorized and provided for by law.
Inc law contemplated making the grain
inspection department. se1f-sustaining
through scale of charges and fees. for
the work 1t is authorized to do 1t is
claimed by Mr.. Reishus that, through the
sale OF the samples In question. the cost
OF the inspection IS kept down, and that
the samples are the property of the state.
as the law authorizes the inspectors to
inspect and take samples Of the grain
arriving at terminals. Then, again. one
sample would have little or no visible
value, and it is only through the accu-
mutation OF small sacks of grain, taken
from thousands of cars, consigned to
many different Dealers that a revenue Is
derived at all. The attorney general
agrees with Mr.. Reishus in his belief that
the samples are the property of the state.
and the case will be argued along the
lines indicated.