The nonpartisan leader. [volume], May 31, 1920, Image 9

About The nonpartisan leader. [volume] (Fargo, N.D.) 1915-1921

Image provided by: State Historical Society of North Dakota

                
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ing of a temporary injunction by the
United States* court, sitting in St.
Paul, against the enforcement of the
North Dakota grain inspection act.
This act, passed by the League legisla
ture, provides strong safeguards
against grain buyers purchasing grain
at false grades and requires buyers
either to pay for dockage at its mar
ket value or to return it to the pro
ducer, minus the actual cost of clean
ing.
For months it has been reported
about the Minneapolis Chamber of
Commerce that attacks upon this law
were considered. Finally a suit was
brought by a so-called "Farmers Ele
vator company" of Emden, N. D., ask
ing the granting of a temporary in
junction, pending the actual trial of
the case on its merits. Federal Dis
trict Judge Amidon of North Dakota
refused to grant the injunction ani
the case was carried before three dis
trict judges sitting jointly at St. Paul
—Judges W. H. Sanborn of St. Paul,
Page Morris of .Duluth and W. F.
Booth of Minneapolis. These judges
granted the injunction.
Attorney General Langer's deputies
were at the hearing, supposed to be
representing the state, but the Asso
ciated Press report states that Lan
ger's deputies made no attempt to
deny the statements of the elevator
company attorneys, who asserted that
the law was "unconstitutional as it ap
plied to interstate commerce, because
it places substantial burdens upon in
terstate commerce in undertaking to
require taking out of a license, and re
quiring the keeping of records of all
grain bought and sold, and that*the
grain shall be" inspected before being
sold, prescribes the grades to be used
and the method of deducting dockage."
This failure of the attorney gen
eral's office to defend the action ap
parently left the three judges no
choice but to grant the injunction.
The granting- of the injunction does
not mean that the law has been held
Traitor Official Fails Farmers Again
Attorney General of North Dakota Allows Suspension of
Grain Grading Act by Federal Court
AILURE of Attorney
General Langer of North
Dakota to provide proper
legal response to the
enemies of the farmers
has resulted in the grant­
The car shortage is hitting farmers
worst of all, and President A. C.
Townley of the Nonpartisan league
has urged the interstate commerce
commission to use its power to "pool"
the equipment of the railroads to meet
the emergency.
President Townley has appointed
George P. Hampton, managing -direc
tor of the Farmers' National council,
which maintains headquarters at
Washington, D. C., to represent the
League in this matter before the inter
state commerce commission, sending
him the following telegram of author
ization:
"George P. Hampton, Bliss Bldg.,
Washington, D. C.: The existing car
shortage for transportation of the
farmers' products is imposing a great
burden upon the farmer and the con
sumer. Bequest that you represent
Car Shortage Injures Producers
President A. C. Townley Asks Interstate Commerce Com
mission to Order Pooling
INCE the return of the,
railroads to private man
agement the car short
age has grown so much
worse that every branch
of industry is threatened.
PAGE NINE
unconstitutional. The case now goes
back to be heard on its merits before
Judge Amidon at Fargo. The in
junction means, however, that during
the time the case is being heard upon
its merits and until a final decision is
rendered the law will not be operative.
It is probable that a final decision can
not be rendered until fall. This will
mean, therefore, that the 1920 crop
can be bought by Agents of the Minne
apolis Chamber of Commerce under
the old rules, with no payment for
dockage and no chance for the farm
ers to compel buyers to take the grain
at the grades^established by the state
grain inspection department.
On account of the failure of the at
torney general's office to represent the
farmers satisfactorily, Governor Fra
zier of North Dakota has appointed
Attorney William Lemke to represent
the state in the hearing of the case on
its merits before Judge Amidon.
Among the allegations of the eleva
tor company lawyers, which Attorney
General Langer's men failed to deny,
was the statement that under the
North Dakota law the elevator com
panies graded the grain, and not the
state. Doctor E. F. Ladd, president of
North Dakota Agricultural college and
chief grain inspector for the state,
said:
"The allegations of the grain com
pany that the elevator agent is the
grain grader and not the state is
false. The grading is done by the state
of North Dakota and the elevator
agent when performing this duty is
the agent of the state and not the
company. As a grader of grain the
agent is under bond for the faithful
performance of tljis duty. If he does
not do the right thing by the farmer
who sells grain the farmer can appeal
to the grain inspection department.
The agent is under the direct supervi
sion of the state grain inspection de
partment at all times and wholly re
sponsible to it.
"I believe that if these matters had
been presented to the court there
would have been no injunction issued,
but the constitutionality of the law
tried out without stopping the opera
tion of it in the meantime."
us and ask interstate commerce com
mission to exercise power conferred
upon it by section 15 of interstate com
merce act, as amended by transporta
tion act, to order a pooling of the
equipment of railroads during emer
gency.
"A. C. TOWNLEY,
"President National Nonpartisan
League."
Power to meet such an emergency is
conferred by the Esch-Cummins bill,
returning the railroads to private
management. Farmer and labor rep
resentatives, when opposing the re
turn of the railroads to private man
agement, were told that whenever an
emergency arose section 15 of the
Esch-Cummins act would allow service
under the same conditions ap if the
roads 'were under government man
agement.
In many sections of the country the
"ship by truck" movement is gaining
immense headway as a result of the
failure of the railroads to function
properly^ especially where good roads
permit-the use of trucks economically.
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