Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-24

shall also establish uniform fees for
grading, weighing, Inspecting, and
and fix the salary and COM
p%ensation to be paid deputies and en-
ployes. The inspector shall charge 9
fee Of SO for every license issued TO
q deputy.
Obviously the subject OF the act is
not expressed in It's title. and it does
contain more than one subject. As
shown by Its title, the leading purpose
the act is to- establish q uniform
state grade for wheat, oats and other
grains. and vet the act nowhere
creates or attempts to create q uni
ever. IT. merely undertakes to dele
gate he power Of creating such a
grade and the power OF doing umer
u other things which have nc neces-
connection. That is all clear and
manifest. The leading subject Of the
act Is to create q uniform state grade.
This. h act does not attempt to do.
In the majority opinion 1t Is said
the title does not contain more than
n subject, and hat the subject Of
the act ts the marketing OF agricul-
.tural products. But that Ia. obviously
untrue. The subject al #expressed in
the title Of the C is not the market
ing of agricultural products. and If
we may amend the title by a refer
ence to the body Of the act. contrary
to h decision Of this Court in IL
N. D. 514, we may as we'll a. 1t
should be entitled thus: IAN Act to
Create Huge Grating System and
to Deny Farmers the Right to Sell
Their Grains Without Paying to Some
Inspector an Unknown and Unlimited
Graft on Each and Every Load" AS
there a be no sale without a pur-
chaser. the denial Of the right to pur-
chase Is a denial OF the right to sell.
The graft is such q sum as may be
deputies without consulting any seller
of grain. It may be fixed at ten cents
or n dollar on each load Of grain.
The inspector lis given the discretion
and 1t is not subject to review by the
courts.
In marketing a load OF grain the
farmer has no time to adjust the
graft. He must pay whatever is de-
manded, though it be a gross IMPOSE
ton. The act gives him no protec-
ton. The rates are to be fixed by
those who profit by the graft. The
farmer who hauls, his grain to market
may have to haul 1t. home again, as he
has no guarantee Of finding q deputy
inspector.
The first section of the penal, clause
reads thus: "It shall be. unlawful
for any person operating a public
warehouse to purchase, weigh, grade
or inspect grain or seed, who is not a
licensed deputy inspector. Provided,
that any person without a license may
buy any article that has been graded,
weighed and inspected by a deputy
state Inspector" The right to pur-
chase without inspection Is not for
bidden only to: ANY person operat-
ing a public warehouse Il
But as the act does purport to give
the commissioners and the inspector a
legislative power they declare that 1t
is unlawful for q trackbuyer to pur-
deputy and thus the trackbuyer Is put
out of business. unless he can pur-
chase a license as a deputy inspector
That does away with competition
which has been of great value to the
sellers Of grain. The deputy inspec-
tor and weigher must have scales to
weigh. In all grain elevators the
weighing scales are on the main floor,
which is commonly from five to six
give place for a grain pit under the
floor. The farmer drives his load on.
to and off the main floor by going ur
and then down an incline of about
fifteen per cent. When the load and
wagon are weighed, the grain Is
dumped into the pit under the main
floor and the wagon is weighed, and
the differences gives the net weight
No man drives a load of grain up an6
down the inclined plane, sells it to 8
trackbuyer and then drives up an6
down the plane to have his wager
weighed. If he should undertake tt
do 1t. he might be forced to wait ar
hour for every weighing. And 'driv.
ing. his loaded wagon down the In.
a N1fnnH -, rIornE 1o NNl@h+ A~I e. rynrx
dangerous. The ~trackbuyer must gc
out of business If he cannot weigh or
scales Of his own, or city scales, or or
some private scales.
The grower Of grain is not a chung
or a dolt. In grain matters he doe.
not need a guardian. He may have
scales of his own; he may weigh or
the scales Of a neighbor: He ma.
weigh his grain by measuring 1t in the
wagon box. He may ascertain tht
proper dockage by measuring anG
weighing and cleaning a bushel o,
grain. When a man lives by growing
and handling grain, he soon learn'
how to grade it, to measure it and tt
weigh 1t, but how may he sell hi
grain II the law makes it a crime t.
purchase 1t.
Now, under the plain words of tn.
state constitution. every person has s
right to acquire and dispose of prop.
erty and to pursue, and obtain safet,
and happiness. He has a right to buy
and sell grain without paying a graf
to any one. The graft on the inspec:
ton and Weighing Of q load of grail
may be ten cnts or 1t may be one dol
liar. The act does not limit thu
amount which may be liked and de
manded. The constitutional validit.
Of the statute Is to be determined b!
what may be done under it by tn
worst set of g~rafters.
Defendant claims the benefit of tn,
Fourteenth Amendment Of the Fed
eral Constitution. It declares no stat
shall make or enforce any law which
shall abridge, the privileges or i'm
!. munities Of the citizens Of the Unite.
States; nor shall any state deprive an,
person OF life. liberty, Or propert,