The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-03
GRAIN GRADING
ACT Is DECLARED
FAULTY IN some
OF PROVISIONS
Attorney General LANCER
Holds Revenue Section
Not Operative
BOND DEMAND rs
NOT ENFORCEABLE
Question If It Can be EN-
.ployed Against Firms
Within State .
Especial to The Forum.l


Bismarck, N. D.. Aug. 3.-Attorney
General LANCER in reply to an in
quisitorial letter from NJ. P. Johnson,
president Of the North Dakota
Equity society and member of the
state railway commission, holds that
several features of the new grain
grading act are unconstitutional
The attorney generals opinion an
part reads:
Insofar as the act requires in
demnity bonds from persons pur-
chasing or receiving grain on con-
signment at central markets located
without this state, ] do not believe
this provision can be enforced. And
l question whether it is valid and
can be enforced even as to such CEN
trail markets within this state. 1t
does not operate equally upon all
purchasers or those receiving grain
upon consignment throughout the
state, but only upon those at a few
points, and grants special privileges
and immunities and also denies the
equal protection Of the law"
Track Buyer Not Barred.
Mr.. LANCER interprets the act as
providing that any person, though
not licensed, may buy any article
that has been graded, weighed and
inspected by a deputy inspector, and
states that in his opinion the act
permits the so-called track buyer to
purchase EgN that has been in
spected.
In reply TO Commissioner John
sons question: rs every licensed
deputy inspector appointed under
this act rquired to inspect, weigh
and grade grain at his usual place
of business, If the grain so inspected,
weighed or graded Is not to be pur-
chased by the elevator company by
which he Is employed" the attorney
general says: "Unless reasonable
compensation is paid for such SER
vices, l do not believe such deputy
inspector employed by an elevator
company can be required to inspect,
weigh or grade not to be purchased
employed1 bass $780, sA.-ss1s-
Revenue Proviso Void.
"In connection with the fixing OF
fees for weighing, grading and
inspection services" writes Com
missioner Johnson, "the commission
ers of railroads are required to fix
SuCn I66S at u SUM WHICH VIII LIldhC
the grading and inspection depart
mert self-sustaiuing and in addition
create a fund Of 25 per cent of tke
total for the purpose of building
storage warehouses within the
state. Is this provision constitu-
tional and should the commission in
your Judgment fix the fee with refer
ence to such provision for the crea-
ton of a fund for the building of
elevators ?" In reply, Attorney Gen
eral LANCER says: THE act appears
to be designed not only for the pur-
pose of regulation, but also for
revenue, and in my opinion the fore
going provision is unconstitutional
and imperative" A suit to test the
constitutionality of the act as a
whole now depends on the supreme
court.
J. A. McGovern, chief deputy
inspector of the grain grading de-
partment, under DR.. E. F. Ladd, OF
the agricultural college, declares
that the department is not party
to the test suit brought by M. c.
Gaulke, of Thompson, to test out the
act. -..
Mr.. Gaulke was arrested at Grand
Forks for grading grain without
holding a state license. The district
court held against him when he
interposed a demurrer, and the case
was taken to the supreme court,
where it will be heard next week.