Publisher's Synopsis
Excerpt from The Power of the State to Control the Compensation Receivable for the Use of Private Property, and for Services in Connection With It, Considered: The Dissenting Opinions of Mr. Justice Field, of U. S. Supreme Court, in the Chicago Elevator Case, and the Granger Cases, Decided, March, 1877
By that act, public warehouses, as defined in the con stitution, were divided into three classes, the first of which embraced all warehouses, elevators, or granaries located in cities having not less than one hundred thou sand inhabitants, in which grain was stored in bulk, and the grain of difierent owners was mixed together, or stored in such manner, that the identity of different lots or parcels could not be accurately preserved. To this class the elevator of the defendants belonged. The act prescribed the maximum of charges, which the proprietor, lessee, or manager of the warehouse was allowed to make for storage and handling of grain, in cluding the cost of receiving and delivering it, for the first thirty days or any part thereof, and for each suc ceeding fifteen days or any part thereof; and it re quired him to procure from the circuit court of the county a license to transact business as a public ware houseman, 'and to give a bond to the people of the state in the penal sum of ten thousand dollars for the faithful performance of his duty as such warehouseman of the first class, and for his full and unreserved compliance with all laws of the state in relation thereto. The license was made revocable by the circuit court up on a summary proceeding for any violation of such laws. And a penalty was imposed upon every person transacting business as a public warehouseman of the first class without first procuring a license, or continuing in such business after his license had been revoked, of not less than one hundred or more than five hundred dollars for each day on which the business was thus carried on. The court was also authorized to refuse for one year to renew the license, or to grant a new one to any person whose license had been revoked. The maximum of charges prescribed by the act for the receipt and storage of grain was different from that which the defendants had previously charged, and which had been agreed to by the owners of the grain.
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