The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-06-22
STATES GRAIN
ACT VALID LAW,
JUDGE DECIDES
Case Tried in Federal Court at
Fargo Results in Decision
for State
VICTORY FOR VIM. LANCER
Attorney General Took Charge
of Handling Case Involving
Grain and License Law
VICTORY FOR VIM. LANCER
Especial to The Tribune)

Fargo, N d., June 22.--The North
Dakota grain grading act is held con.
stitutional by Judge Charles +. Ami
don, of the United States district
court
An injunction issued against the en-
forcement of the law sometime ago
is now dissolved. The decision was
in the case OF the Farmers Grain
company, of Embden, against the
state of North Dakota
The state was represented in the
trial of the case in federal court here
last week by Albert E. Sheets, r.,
assistant attorney general, Judge S. l..
Nuchols and w. G. Owens, represent
ing Attorney General William Langer.
William Lemke, Nonpartisan League
candidate for attorney general, inter-
posed in the case.
Langers Men There
The attorneys representing Mr..
Langer, who contucted the case, took
the position that the grain grading
act was not in conflict with the
United States laws, as had been al
legged by the plaintiff. and the deci-
sion in the case is regarded as vic.
tory for the attorney generals office.
The court holds that the North
Dakota law is not in conflict with
the United States grain standards
act, and that the act requiring ele
vator agents to take out state IL
cense also is not contrary to the fed
eral constitution. The grain inspec-
tion law was enacted in 1919.
An injunction against its enforce
ment was granted in circuit court
and trial was set for Jone IA. Final
arguments were held On June II.
Ladd on Stand
DR.. f. +. Ladd, supervising the
grain inspection law, was called as a
witness in the case. He was asked
to appear at the hearing when the
Injunction was issued but failed to
do so, and then announced that he
had not had chance to appear.
Attorney General LANCER took no
chances at this hearing AMI directed
deputy United States marshal to
serve an subpoena on DR.. Ladd.
Dr. Ladd admitted on the witness
stand that he had no practical ex-
perience in grain grading but ex-
pressed the opinion that the law did
not conflict with the federal act, was
exactly the same as the federal grain
grading act.
Wm Lemke. interposing in the
case, questioned Ernest Mares, OF
the farmers grain company, trying
to show that the attack on the grain
grading law was inspired by anti
Townley men, Mr.. Mares denied this,
saying that all the stock in the grain
company was owned by farmers and
finally reluctantly admitted that there
were rumors that A. G.. Townley
sought an attack on the law.
Although Judge Amidon said that
the defendants were practically in
default at a previous hearing because
Judge Nuchols was not prepared, the
records show that Judge Nuchols had
argued the questions previously, pre-
senting his arguments fully.
Judges Conclusion
Judge Amidon, in his opinion, said:
"The case involves two questions
of law:
Il. Does Chapter 1873 of the Ses-
sion Laws of 1919, impose direct
burden upon interstate commerce.
"2. Has Congress by the United
States Grain Standards Act 50 fully
occupied the field Of grain grading,
weighing and dockage as to exclude
the state from that field, and does
Chapter 1873 of the Session laws of
1919 come into conflict with this Fed
eral Law so as to render it void.
1.-THE bill and the evidence both
show that most of the grain pur-
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