Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-03-25
GRAIN LAW IS
INVALDATED
Interpretation Of Supreme
Court Decision Given by
Atty. Seth Richardson.

Bismarck, N. D., March 25.-The
entire grain grading act, Towering
the licensing, inspecting and grading
of grain, is destroyed, and cannot be
cured by m amendment, or the
passage of any new law says Seth
general in the grain grading case, in
an analysis of the decision of the SUI
preme court Of the United States, sub
mitted' on request of Attorney General
Sveinbjorn johnson.
In discussing the scope of the re-
cent decision of the court and it's
effect upon various state, statutes in
vofved, Mr.. Richardson, y r
1.-THE basic holding of the supreme
court is hat the grain business is a
unit, and constitutes interstate COM
merce. On this basis the court pro-
ceeds to find that the 1919 act shows
a comprehensive scheme to regulate
the buying of grain which business,
as we have just seen, lis held to be
interstate. .
.The vourt then suggests four
scheme"
Where Conflict Occurs.
% Such purchases can only be
made by those who hold licenses from
the state; (2) such purchases can
only be made by those who pay
charges for the same; CD such pur-
chases can only be made by those who
act under a system of grading, in
spection and weighing, fully described
in the act; (4) the grain car only be
purchased subject to the power Of the
inspector to determine the margin Of
upon his purchase.
"SThe cOlrt' then nrOcpe69 tO hold
that such regulations cannot be sus-
tanned under the police. power" Mr..
Richardson continues, because the
statute denies the privilege of engag-
ing in interstate commerce, except to
dealers licensed by state authorities,
and provides a system which enables
state officials to fix the profit etc..
Reconciliation Impossible.
"The objection of the court is Up
fixing clause, known as the margin
clause. because upon the suggestion
that that clause might be eliminated.
and the act sustained, the court, in
refusing to so hold, says the features
Of this act (Which I have referred to
as the four clauses above set out),
clearly regulatory of interstate COM
merce, are essential and vital parts of
the general plan of the statutes to
VI LA pun VI III ~
determine the profit at which it may
be aOld'SS sS,.ctf. ~4a24 ytasNsssss So
THE court" Mr.. Richardson says,
Sin effect holds these provisions as
an essential feature of the law The
court then holds that the claim of the
state, of existing evils, etc, does not
excuse the encroachment upon the
field of interstate commerce, but such
relief must come from congress-"
Earlier law in Doubt.
1T have been in some doubt Is to
the effect Of the supreme court de-
cision upon the powers granted in this
1917 law" says Mr.. Richardson. Hc
discusses this law and the effect of the
decision.
The law of 1917. provided for the
appointment of deputy inspectors, and
provided that persons are forbidden
from purchasing, etc, n grain
without a license, unless the grain has
been actually inspected by a deputy
These provisions are the most
vital provisions of the act, and II
seems clear to me that the same are
invalid under the supreme court de-
c;sion." says Mr.. Richardson.