Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-03-01
FULL EFFECT
OF DECISION
PR0BLEMAT1CAL
Text Of Court Opinions On
Grading Law Needed To
Fix Status Of Things

Fargo, N. D., Feb. 28.-Until the
FULL opinion of the United States SUI
preme court on the North Dakota
grain grading law, is received in
North Dakota, all future action of the
state in inspecting and grading grain
Is ~problematical. Mondays decision
Of h supreme court. which declared
the North Dakota law invalid, ac-
cording to dispatches from Washing
ton. has left state officials and also Of
Of the state grain inspection de-
partment utterly at a loss as to future
procedure.
Just how far the decision went. and
it is broad enough to pro-
hibit all inspection of grain by the
state when it is sold for interstate
the complete opinion, and the dis
senttng opinions are received.
1t is possible under this decision.
constitutional. that that part Of the
law which repeats all former laws
having to do with grain inspection,
would be also annulled and that these
former laws would therefore auto
matically become effective. s.
If that is the case, it is possible
that the state grain inspection de-
partment might be continued, practic-
ally as it is now constituted under the
grain inspection and grading law of
1917. Under hat law, there was pro-
vision for a grain grading and inspec-
ton department. This was known as
chapter Sc Of the laws Of 1917. In
1919 the Legislature passed a much
more drastic law, repeating the Law
of 1917, also chapter IA of the laws
Of 1918.
Under Railroad Commission.
In the event hat the decision rem
dered Monday is broad enough to
wipe out, not only the law of 1919,
but would also cover the provisions of
the law of 1917, then, it is possible
hat the old law which gave the state
railroad commission power to super
wise the handling and weighing of
and storing Of grain, might be auto
matically revived.
Under the old law which gave the
railroad commission this authority,
ed to establish grades, and was given
authority to govern the docking OF
grain, and to require the elevators to
take out a license and file a bond.
In the absence from the state OF
w. c. Palmer, chief grain inspector,
who was in Minneapolis Monday or
his way to Omaha to attend a con-
vention Of food regulators, J. I
Brady, chief. accountant of the grain
inspection department., has been plac-
ed In charge Of affairs, on Geographic
authority from Mr., Palmer.
Today Mr.. Brady conferred with
yAttognsyit hAAichardson. who hand.
led the case for the state and who
has been continued as special. assist.
ant attorney general in the cases, &C.
cording to reports from Bismarck
Tonight Mr.. Brady will leave fol
Bismarck to hold a further confer.
ence with Mr.. johnson.
A dispatch from Bismarck today
says that upon receipt of word thai
the supreme court had decided
against North Dakota in the case or.
iganally instituted by the Farmers
Grain company Of Embden, N. D., AT.
torney General johnson directed {
letter to Mr.. Richardson. asking him
to look into other pending matters t.
protect the states interests. Because
Mr.. Johnson was an attorney in tbs
! action for the grain company, he con,
tinued Mr.. Richardson as special as
sistant. +
There is the case Of the Home
Farmers Elevator company aga;ns
the state pending in the supreme
court of the United States in which
virtually the same questions are rails
ed.