Year: 1872

Warehouse law,' is conceded to be imperfect
in some Of its details. The end sought by the
act Was proper one; but the act as awhole rests
too much upon the notion that the only remedy
needed to correct an evil is act Of the Legisla-
ture. The Warehouse act contains many excel
lent and well-matured provisions for the protec-
tion Of the persons who may engage in the grain
trade it defines many acts which formerly were
classed IS frauds, and provides for their punish
ment as crimes. It generally provides the means
by which the respective parties doing busin eas
through warehouses may invoke legal protection
against fraud, and enforce rights which are de-
MED. To this extent the law is unobjectionable,
and is not opposed by any person. But the act
goes further, and provides that no person en-
gagged in the warehouse business shall receive
anything in store without first obtaining L.
cense therefor. This requirement, if it we're
mere provision for revenue, might not be OBJ
jected to but this requirement is coupled with
another, that before he shall receive such license
he must give bond to comply with all the provi-
sons Of the laws of this State in relation there
by Lue HlL66L1ll etLL4OA " t1AS palA1 Ae+Hs
the charges for storage and handling Of grain are
established. As no license can be issued
without the filing of the bond, and as the bondis
conditioned that the party shall not ask
or receive any more for storage than the statute
permits, the person taking out a license must
bind himself to accept the statutory compensa-
tion for his services. The same Law provides
that, for any violation Of the law, the Court,
upon complaint, and by summary proceeding,
may revoke the license and refuse to issue
another to the same person for one year.


The result involved in the matter of taking
out licenses for grain warehouses;, therefore, is,
that by so doing the warehousemen must accept
the rates fixed by law and the reason for which
such license is, that they deny that the Legisla-
ture Of the State can prescribe the compensation
which men shall charge and receive for carrying
On legal business that does not concern tho
public health or the safety and good order Of So
ciety, and is in no eense franchise.


The same act contains special provisions
which render it impossible that warehousng
shall be either legal franchise or an actual mo-
nopoly. Amy person may erect warehouse,
and railroads must deliver grain to the ware
house to which it is consigned. Warehousing,
then, has no special privileges any more than
any other business which is open to any other
person. Nor is there any pretence that it is q
business in any way affecting the public health,
or that it operates to the injury Of social order
and decorum, or to violations Of the peace. It
presents no feature, either in it's general con-
| duct or special management, which can bring it
within the restraining authority of the police
| power of the State. That police power rests
upon the inviolability Of the maxim that all the
rights Of individuals are to be held and enjoyed
subject to the condition that they do not invade
impair, or destroy the legal rights OF Others It
cannot be pretended that, in carrying on the
business Of warehousing, the charging Of 3 er-
tain rate per week for storage can in the re-
| motest manner be IN invasion, destruction, or
interference with the legal rights Of any citizen
So far as the act of 1871 does exercise the great
| inherent police power of the State for the pro-
lection OF individual or public rights its authori-
ty is undiBputed.


| The great question which at this time Is 80
widely discussed among the people, and Is IN one
| form Or another before the courts OF nearly
every State in the Union, as to the authority OF
the State to dictate to corporations holding
charters, in the matter Of rates for the trans-
portation Of passengers and freight, does not
have any bearing upon the controversy
between the warehousemen and the State OF Hi
nois. These warehousemen are not public corpo-
rations they do not derive their right 70 carr9


On business from the State any more than does
| the man who cultivates grain aud while they


admit the power and duty Of the State to compel


them to act honestly in their dealings


with other mon, they deny that


the State can fix the price they shall charge for
storing and handling the grain, any more than