The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-08
GRAIN GRADING
ACT Held WEAK
ON TEN POINTS
Supreme Court Asked to
Set Legislative Meas
ure as Unsound
FEE FEATURE rs r..
MOST PROMINENT
Contend Varied Subjects
Are Put Forward With
in Same Law

Bismarck, N. D., Aug. s. - That
North Dakota's new grain grading
act which became effective July /
is unconstitutional on ten counts
was contended by Rep. ]. F. T.. o.
Connor of Grand Forks and former
Associate Justice E. T. Burke Of Bis
marck yesterday in arguing the
petition for a writ of habeas corpus
Forks grain buyer, arrested for
inspecting and grading grain with
out a license, seeks his release from
custody Of A. F. Turner, sheriff Of
Grand Forks county. Gaulke petit
toned District Judge Cooley for a.
writ Of habeas corpus and appealed
to the supreme court when the writ
was denied. He is represented by j.
F. T. OConnor, Judge Burke repre-
sents a number Of track buyers, who
believe the purpose Of the act is to
legislate them out of business. At
torney General LANCER and his law
partner, Judge S. L. Nuchols OF
Mandan, defended the act, appear
ing technically as representatives
for Sheriff Turner.
Points Objected To.
The act is unconstitutional its
assailants claimed because there is
more than one subject in it's title;
because there are several subjects
in the body Of the act not expressed
in the title; because the act attempts
to delegate legislative powers to off,
GERS; because the act authorizes the
state to engage in private business
and therefore violates fundamental
law; because the act unlawfully dis
eliminates and make an arbitrary
classification: because the law at
tempts to levy and collect taxes in
violation of the constitutions; because
provisions of the act make 1t i'm
possible to know what part of the
present laws will be repealed; and
the act is vague, indefinite and I'M
certain; because the act Illegally
compels towns to establish scales
and buildings as a condition preced-
ent to securing a deputy inspector
and attempts to tax without bene-
fit; because the appropriation of $780,
900 for placing the act in force was
not made according to plain pro-
visions Of the constitution; because
the act attempts to regulate inter-
state commerce.
Would Not Invalidate Whole Law.
Attorney General LANCER and
Judge Nuchols argued that one fea-
without imperiling the
act as q whole; that the principal
purpose of the act was the regula-
ton Of marketing, inspection and |
grading of grain, and that this pur-
pose was expressed in the title; that |
relative to cities investing |
in scales and scale houses were per-
rather than mandatory, ana |
that the admittedly weak feature OF |
the act which provides for leVying |
'ees for grading and inspection 20
Der cent in excess of the cost or
operating the act in order that a
'und may be set aside for the erec-
ion of terminal elevators was not
,ertinent and could be eliminated
without affecting the act as whole.
The state also held that the act does
lot discriminate against track-buy-
,rs in favor of elevators, but that
rack buyers may purchase grain
which has been inspected by licensed
deputies or may themselves quarry
Is licensed deputy inspectors. The
,tate further contended that there
was no discrimination in the fixing
n a fee of $40 for licensing of eleva-
or men as deputies, while deputies
appointed by the chief inspector are
,harged no license fee, inasmuch as
he former acted in private ana
he latter in a public capacity.
The grain grading act provides
hat no grain or other farm produce
nay be purchased until it has been
inspected, weighed and graded by q
deputy inspector. It's enforcement
you'd mean the licensing of deputy |
Inspector for each of North Dakotas
400 elevators, and would place all |
" these deputies in charge of DR.. |
3. F. Ladd, president of the agri-
cultural college, as chief inspector tnsPeSeST,
DR.. Ladd has named j. A. McGoVern
IF st. Paul, chief deputy inspector
and he and the railway commission,
which is charged with responsibility
sor the act, have proceeded to place
t in operation. :, .,,.o
Judge Burke announced In course
~ the argument yesterday that GER
ain features of the act violate the
FEDERAL as well as the state constitu-
Ion and that the Unied States SUI
IRENE court ultimately may be ask
I'd to pass on the measure.