The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1922-12-14
INJUNCTION SECURED
By BIG ELEVATORS


By BIG ELEVATORS
Alleging that the state grain grad
ing law enacted blythe vobers of Nortl
Dakota November Z, last, by bette,
than 3 toll vote, has the same lega
defects as the one declared unconsti
tutional by the United States suprem,
court, 48 elevator companies operating
in North Dakota and about half tha,
number III Minnesota, obtained tenn
porary injunction in the federal cour1
in Fargo yesterday morning restrain
ing the state railroad and warehouse
commission from putting it into effec1
until the courts have decided whether
or not the law is con nstitutional.
The order is made returnable De
cenber l6 I'm st. Paul before Judge
Andrew Miller, who issued the writ
and two other judges. On that date
the state is required to show cause
why the injunction should not be
made to stand pending courts deter.
mination of the acts validity.
The list of elevator companies ask.
iLg to have the law held up is headed
by the Farmers Grain Co. Of Embden
Cass County, the same company that
started the action which resulted in
the annullment of the other law Dav.
i'd f. Simpson, of the firm of Lancas-
ter, Simpson, Janell & Dorsey Of St.
Paul, we'll known chamber of COM
merce attorneys, is chief counsel for
the plaintiffs. He handled the other
suit. He is now assisted by H. A. Lib
by of Grand Forks.
Would Have Gone Into Effect Dec. 2
The attacked law would have gone
into effect December 2, under it own
provision, which requires that the rail-
road and warehouse commission shall
not later than December 8, appoint a
supervisor of grades, weights and
measures who shall administer the
law and be head of the state grain in
spection department. The restraining
order was not served on the members
Of the commission until late December
LIST. -
The complaint filed by the petition
ers in this section alleges that they
will suffer great injury and loss of
the satte Of North Dakota is allowed
to enforce this law. 1t is claimed that
the intent and purpose of the new law
is the same as that of the one an
nulled, by the supreme courts ruling
and that it is unconstitutional for the
same reasons that the previous law
was held invalid.
Claim Law Invalid
The complaint further alleges that
the law violates the federal constitu-
tion by conflicting and contravening
the United States Grain Standard act:
that it places direct and unreasonable
burden on interstate commerce; that
it deprives the plaintiffs Of property
without due process of law; and that
it violates sections II, 20, rs, 81 and
s. of the state constitution.
. The complaint shows tina between
200 and 300 elevators are owned and
controlled by the plaintiffs in the two
states and that the elevators in North
Dakota alone handle il. excess of 30.-
OO0, 900 bushels of grain in normal
years.
The plaintiffs cite special objections
to Control the law gives the state over
the marketing of grain, especially the
grading feature and the provision that
the elevators be equipped to separate
the dockage from the wheat and If the
law would be enforced large number
of elevators would be forced out OF
business.
State Knew 1t Was Coming
This action came very unexpected
as far as the general public is con-
cerned but actions in court yesterday
indicated that the state administration
had known for some time that it was
coming. A stipulation was made that
the case should be heard in St. Paul
instead of in Fargo. It appears that
this stipulation had been agreed to
even before the suit was brought.
7 The law attacked by the grain COM
bine in the courts yesterday was
drawn by William Lemke and initiated
by the filing of the necessary petitions
with the secretary of state. It went on
the ballot in this falls election and
was approved by the voters by vote
of 1856 STA for and 43,876 against il
Such was the popularity of the meas
ure that it carried overwhelmingly u
all the large cities Of the state, Fargo
included. p ....* sxs;S 4 s% i. a
s.S Limited Profits
7 The law provides for a state super
visor of grades, weights and measures,
to be appointed by the railroad and
warehouse ccmmission. This official is
given complete control Of the market
ing Of farm. products, can enforce
proper grading, limit the amount prof
it dealers can charge, see that correct
weight ii given and compel grain buy
ers to pay the market price for valu-
able dockage. 5ss
The people Of North Dakota had
one experience with such q law, the
one enacted BY the 1919 Nonpart
League legislature. Before this law
was annulled by the courts ruling
The elevators Of North Dakota were
forced 10 al business on a reasonable
margin Of profit, pay for dockage and
correct grades, and weight. The situa-