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furnish the agricultural experiment station of the State University a list of 100 farmers desirous of testing beets, etc. Seed is furnished free.

An appropriation of $500 is made to the board of regents of the State university for purchasing and mailing beet seed. (Laws of 1897, chap. 230.)

The law exempts all factories or plants for the manufacture and refining of sugar from beets from taxation, except special assessments in cities and villages, for the term of five years from the passage and publication of the act. (Laws of 1897, chap. 158.)

The standard weight of a bushel of beets is 50 pounds. (Rev. Stat. of 1898, sec. 1655.)

WYOMING.

LOCAL AGRICULTURAL SOCIETIES.

The citizens of any county, or of two counties jointly, may organize a county stock and agricultural society, not more than one in a county, with corporate powers, and may purchase and hold real estate to be devoted solely to the objects of the association, which while so used is exempt from taxation. .(Rev. Stat. of 1887, sec. 644; Rev. Stat. of 1899, sec. 3246, sec. 3225, par. 14; but see acts of 1895, chap. 52.)

Such societies are directed to hold annual meetings for the election of officers, and to have their records carefully kept by the secretary. Such records may be read as evidence in any court. (Rev. Stat. of 1887, sec. 645; Rev. Stat. of 1899, sec. 3247.)

Three or more persons may form a corporation to establish and maintain grounds for the exhibition of live stock and agricultural, mechanical, and mineral products, with power to offer and award premiums. (Ibid., sec, 566; Rev. Stat. of 1899, sec. 3226.)

Any corporation so organized is entitled to receive annually from the State 25 per cent of the first $500 paid in premiums, 10 per cent of any additional amount up to $1,000, and 5 per cent of the excess up to $5,000.

Such corporations have police powers over their fair grounds. (Rev. Stat. of 1887, secs. 578, 616; ibid., p. 3227.)

AGRICULTURAL STATISTICS.

To the Secretary of State are assigned the duties of Commissioner of Immigration and State Statistician. He is required to collect, publish, and distribute information on all matters concerning the agricultural, manufacturing, commercial, stock, and mining interests of the State; and he is authorized to obtain from county officers and otherwise statistics concerning agriculture and live stock. (Law of 1888, chap. 34; const., art. 21, sec. 3; law of admission, approved July 10, 1890, 26 U. S. Stat., 222, sec. 21.)

DISEASES OF ANIMALS.

The law provides that the Governor shall appoint a Board of Sheep Commissioners, to consist of three members. This board has power to district the State for inspection purposes, and provide for inspection when necessary. The duties of the board are prescribed.

Upon complaint being made to the board that contagious or infectious diseases exist in any locality in any other State or Territory, the said board shall cause an investigation of such complaint, and if the complaint is well founded the facts shall be certified to the Governor of the State. The Governor shall by proclamation, upon the receipt of such certificate, designate such localities diseased and class of live stock infected, and prohibit the importation from such localities of live stock affected or that has been exposed to contagion, except such stock as has been held in quarantine under the control and supervision of the State Veterinary Surgeon, or a sheep inspector, for a period of 90 days. (Laws of 1899, chap. 26.)

HORTICULTURE.

The law provides for the destruction of diseased or infested fruit trees, etc., and fixes a penalty. (Laws of 1897, chap. 71.)

BEET SUGAR FACTORIES.

The law provides that the property engaged in the manufacture of beet sugar, or any of the products of the sugar beets, shall be exempt from taxation annually during the actual use of such property for that purpose for a period of 10 years. No factory so engaged shall be entitled to such exemption unless at least 75 per centum of the sugar beets consumed during each year shall have been grown in Wyoming, provided a sufficient supply can be obtained in the State. (Laws of 1897, chap. 50.)

PART V.

DIGEST OF LAWS AND COURT DECISIONS RELATING TO GRAIN INSPECTION, ELEVATORS,

AND WAREHOUSES.

A REPORT PREPARED UNDER THE DIRECTION OF THE INDUSTRIAL COMMISSION.

BY

ROBERT CHRISTY.

205

LETTER OF TRANSMITTAL.

To the Industrial Commission:

GENTLEMEN: I have the honor to transmit herewith a digest of the grain inspection, elevator, and warehouse laws of certain of the grain-producing States, together with citations of decisions of the Supreme Court of the United States and of the supreme courts of such States as have judicially construed such laws.

I found on examining thelaws relating tocommon carriers, both State and interstate, that when their obligation of transportation of property ceased, as it did when it reached the elevator or warehouse to which it was consigned, the duties of the warehouseman began, and his right of custody attached and became and continued distinct and exclusive, subject, however, to the State laws regulating the same.

I this connection I beg leave to quote from the learned, exhaustive, and wellreasoned opinion of Justice Tuley, of the circuit court of Cook County, líi., handed down as late as January 10, 1901. He says: “ Public warehouses have come to be so important a factor in interstate commerce that it was only a question of time when the national legislature would assume their regulation. " I take the liberty of suggesting, however, that it would be impracticable to place this control under the existing Interstate Commerce Commission without radically changing the scheme of its construction, both base and superstructure.

The learned justice, in the opinion just alluded to, formulates a charge against the public warehouseman of tho present day, in the following vigorous and trenchant language: Referring to the amendment of section 6 of the act of the Illinois legislature, approved April 25, 1871, “ to give effect to article 13 of the constitution of this State," be says, “It is clear in the light of the legislation of this state, and the debates of the constitutional convention, and the history of the grain trade, that the framers of the constitution never intended to create a State institution or agency & public warehouse, which such warehouseman or trustee could manage or control in his own interest and to the injury of producers, shippers, and of the general public.". Following is the provision in the amendatory act of May 26, 1897, that seems to justify the foregoing severe comment.

“The proprietors, lessees, or managers of public warehouses of Class A may store in such warehouses owned, leased, or managed by them, grain of their own, and mix it with the grain of others of like grade, stored therein, and may purehase warehouse receipts representing grain on store in such warehouses owned, leased, or managed by them.

The heart of the heated contest now raging in Chicago beats immediately around the privilege conferred by this amendment.

The Supreme Court of the United States seenis to have contemplated the necessity of ultimate interference by the l'ederal Congress in this matter of public warehouses for tho storage of grain and othor property.

In Munnv. Illinois,' it was held: “Where warehouses are situated and their business is carried on exclusively within a State, she may, as a matter of domestic concern, prescribe regulations for them, notwithstanding they are used as instruments by those engaged in interstate, as well as in State commerce, and until Congress acts in reference to their interstate relations, such regulations can be enforced, even though they may indirectly operate upon commerce beyond her immediate jurisdiction."

It is a matter of judicial history that the Supreme Court of the United States has consistently adhered to the principle laid down in Munn v. Illinois, when, alluding to the reserved power of the States in respect to the management of their domestic affairs, it was held that “under the powers inherent in every sovereignty a government may regulate the conduct of its citizens toward each other, and, when necessary for the public good, the manner in which each shall

use his own property;" notably in Buddov. New York (1892), 143 U.S., 517, and Brass v. North Dakota (1894), 153 U. S., 391.

194 U. S., 113. (October term, 1876.)

Both the lawmakers and the expounders of the law have uniformly, within their respective spheres, when dealing with the subject of public elevators and public warehouses, displayed an earnest desire to protect the producer and shipper of grain; yet nevertheless, at the very dawn of the twentieth century, a learned judge, in delivering an opinion in a cause originating in the practically greatest railway center in the world,” felt constrained to declare that the protection the law gives to the producers, shippers, and receivers of grain is the protection the wolf gives to the lamb." These words were spoken by one familiar with the grain conditions of that city,.not only from long residence, but from judicial investigations in which he had from time to time participated. They are therefore entitled to serious consideration.

RÉSUMÉ OF THE LAWS.

In all of the States that have attempted to form a complete and perfect system for the regulation of public elevators and public warehouses there is a very considerable similarity in the leading features of the laws composing such system, which differ but little in the powers conferred upon the executive officers and in the duties imposed upon the warehousemen, but chiefly in the mode of selection of such officers, and their designations.

It is to be presumed, too, that this similarity is at least partly due to the fact that the system adopted by the State of Illinois, the oldest of these States, and with a city most advantageously situated for the reception and reshipment of grain and commodities of all kinds produced in the Northwest, was selected as the common standard of imitation, departures from this common standard being due to the special conditions of environment existing in the various States.

The following are the usual subjects of legislative enactment, to wit:
Classification and definition of public and private warehouses.
The licensing of public warehouses.
Requiring bonds with approved security by warehousemen.
Penalties for conducting business without a license.

Prohibition against unfair discrimination toward those delivering grain to be stored, and the mixing of grain of different grades under any circumstances.

Requiring the issuance of warehouse receipts upon the receiving of grain into and cancellation of such receipts upon the delivery of grain out of the warehouse.

Making it unlawful to duplicate the number borne by receipts in any given year. Providing for the inspection of grain, both upon delivery to and delivery from a warehouse.

Provision for private bins in warehouses and the storing of grain therein.

Forbidding warehouseman to issue receipts unless grain is in his actual custody, or to limit his liability imposed by law by any language in a receipt, under severe penalties.

Prompt delivery of stored grain upon demand of holder of receipt, accompanied by tender of charges required of warehouseman, and unreasonable delay punished by prescribed damages.

Weekly and daily statements required to be made out by warehouseman and conspicuously posted and published, showing the amount of each kind and grade of grain in store, with divers other particulars touching the condition and management of his business.

A chief inspector and necessary assistants provided for, and required to take offcial oaths and give bonds with approved sureties.

Rates of storage for each year required to be published by warehouseman, within a maximum rate established by law.

Loss by fire or by the heating of grain in elevators not to be chargeable against the warehouseman, if he had used due care and diligence in respect thereto.

Tampering with grain by warehouseman, while in his custody, to secure profit to himself, severely punished-such as mixing grain of different grades; selecting different qualities of the same grade for the purpose of storing; attempting to deliver grain of one grade for another.

Assuming to act as inspector without proper authority, misconduct of author, ized inspector in discharge of his duties, and bribing an inspector, are declared crimes and severe penalties prescribed.

Right of appeal is given to interested parties from the inspection of grain if dissatisfied therewith to a tribunal whose decision is made final.

All unlawful combinations between warehousemen and other persons are declared crimes and punishments prescribed.

Warehouse receipts are made negotiable, their sale to be deemed a valid transfer of the property represented by such receipts.

Issuing receipts in any respect fraudulent is declared to be a crime.

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