The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1920-05-13
INJUNCTION STOPS
GRAIN INSPECTION

FARMERS ENEMIES INDUCE
FEDERAL COURT TO RESTRAIN
NORTH DAKOTA GRADES
| That the farmers Of North Dakota
have not yet completely freed them
selves from the exploitation of the
Minneapolis Chamber of Commerca
was brought home to them by the is
suance of an injunction restraining
the state from enforcing the provis-
ons of the state grain grading law.
Thre judges of the United States Dis
trict Court sitting in St. Paul issued
a temporary injunction on the plea of
the Farmers Grain Company of Emb-
den-an elevator which bellies it's
name. 1t is company doing businss
with the old line elevators and the
Chamber of Commerce and is not a
bona fide farmers company. The court
will hear the case later but the in
junction holds until that time and in
the interval the elevators will not be
obliged to comply with the grain gard
ing law. The farmers will lose millions
of dollars before the gamblers are fl
nally forced to obey the laws of the
state, according to President E. F.
Ladd, chief grain inspector.
The court announced that the decis-
ion was based on the facts presented
by the elevator company which were
not denied by S. l.. Nuchols, who ap-
peared, for Attorney General LANCER.
It was claimed that the law is uncon-
stitutional because it places substan-
tial burdens on interstate commerce
in undertaking to require the taking
out of a license and requiring the
keeping of records of all grain bought
and sold and that the grain shall be
inspected before being sold and pre-
scribes the grades to be used and the
method of deducting dockage. Judge
Sanborn also holds that the North Da-
kota law conflicts with federal regula-
tions bcause it provides that grain
inspection shall be made by men in
terested in interstate commerce while
the national law requires that grain be
inspected by disinterested parties.
LANCER Fails People Again
sFargo attorneys expressed surprise
at the manner in which the case was
handled by the attorney generals Of
flee. According to the Associated
Press, dispatch the allegations Of the
elevator company were not answered
by Judge Nuchols. There was appar-
emily no attempt to show what effect
such an injunction would have on the
grain trade Of this state DR.. Ladd
said, "the allegations of the grain
company that the elevator agent and
not the state is the grain grader is
false. The grading is done by the state
of North Dakota and the elevator
agent when performing this duty is
the agent of the state and not the
company. AS a grader of grain the
agent is under bond for the faithful
performance of this duty. If he does
not do the right thing by the farmer
who sells grain the farmer can appeal
to the grain inspection department.
The agent is under the direct super
vision of the state grain inspection de-
partment at all times and wholly re-
sponsible to it"
'T believe", continued DR.. Ladd,
"that if these matters had been pre-
sented to the court there would have
been no injunction issued, but the con-
stitutiona1ity of the law tried out
without stopping the operation Of it
in the meantime" DR.. Ladd submitted
a letter from Attorney General Ian
ger saying that it would not be neces-
sary for him or Inspector McGovern
to attend the hearing in St. Paul as
he had offered to attend to present the
case for continuing the grain grading.
i Farmers Loss Shown.
There is not much likelihood that
this case will be settled and the is
sue cleared before the bulk of the
seasons crop is marketed. North Da-
kota farmers will again be at the mer-
cy of the grain gamblers. What this
will mean to the farmers was pointed
out by DR.. Ladd. He declares that as
result of the states grain grading
law the farmers have received from s
to cents more per bushel of wheat
than if the law had not been in force.
At the lowest figure on 100000 600
yield the farmers Of North Dakota
Twill sustain loss of $7,500,000 if the
injunction will be in force during the
marketing Of this years crop.
/ When Governor Frazier saw how
LANCER handled the case he named
!; William Lemke special attorney to
serve without pay to handle the in
terests Of the state in the grain grad
| ing case. Mr.. Lemke has already
started preparing papers in the case
and will take complete charge of the
defense Of the grain grading law in
the United States courts. He stated
| in an interview that he will do every
thing in his power to get this case
| 49, - - - ~~Au~St>Nr