The Nonpartisan Leader Newspaper, October 12, 1916, Page 6

VLo = J ’W ‘_,}' Quotations being daily pald for mmple A grade whe?t rank well with quotations ', upon No, and in some instances they run higher. We therefore decided that by the time the farmer lost the dockage { taken out in raising it from sample grade 1 to No. 4 which would amount to several ° JiE] pounds per bushel and then found a fixed { price, he would not be as well off as if | the grain was left in sample grade. FR ; Here both parties are fairly treated and | buy or sell with their eyes open so that there is no injustice to anyone.” A FAIR DEAL FOR “HUMPBACK” PROMISED A The Wisconsin commission is also _watching for the first car of so-called "“humpback” wheat (the variety . the . Minneapolis grain combine has ‘picked out for discrimination this season) ‘and ‘the first sample that reaches the inspec- tors will be sent to Fargo for a mill with a view to learning where it properly belongs. Uptofle.\atnnetbeWiaconsin inspection places “humpback in No. 13 notthem,sndthemmsgmdmgmhs" do not mention it specifically. But:the Minnesota 1916 rules-have a*note”™ which declares that ~humpback “shall not be graded higher than“No;3,” Mill tests heretofore conducted at Fargo have shown this.grain but slightly inferior to No. 1 northern, and a test made recently shows it is ‘much- better than No. 3. The Wisconsin commission is frankly determined :to ‘reach .its con- clusion as to where ‘this:variety should be placed upon the basis of official mill tests, and Mr. Kernan declared that if it is shown bobeasgoodasmthe past it will be retained in'No, 1 northern regardless of where the anesota. grades place it, just as was done in the case of . durum and velvet chaff several years ago. On the other hand, he said, if the tests- show it does. not belong in No. 1 it will be ranked accordingly. Both are operated by the:Duluth-Superior Millin; ‘Buffale, and “Minnea uingtosbutflmndm S “Hnmpbar.k”hasseemmxlybeenmb— ‘stituted: for 'durum 25 the-variety: that is to earry the big spread in prices this season and : yield afatpnfittothe nillers.. . Just what humpback is, is not very easy to determine. There are said to be several varieties of wheat that can be included in this class and among them bluestem of large. plump_kernels, one of ' the ‘best milling wheats known.. But: if a- general- belief in the existence of a “humpback” kind of wheat can be spread far and.wide, it will result in thousands of bushels of grain going into elevators No. 3 or worse, that might, but for the ‘bugaboo of “hnmpbaek’ get a grade of No. 1 or No. 2. Mzr. Kernan believes that there is. still an unjust welght discrimination. agamat durum wheat in that No. 1 durum is required to weigh 60 pounds to the meas- ured bushel, while No. 1 northern is required to weigh ‘only 57, but as yet uperio heé entire milling industry at the head of the lakes is conducted. o oty mfl]s atat ion N ptg‘?::;la{l;, which is assoglated with large milling interests in- New: York, polis, The ‘one showing new construction. is the Daisy mill, the other -the Llstman mill, There is also * ‘a:small mill in Duluth. These mills can handle only a limited amount of the wheat that is not up to-export st:ndnrd. and as a test, ..resmlf much of it is‘shipped: fmm Supenor and Dul'nth to Mi!meapolis. , Want af enough gram to keep them busy is’ nw tln-eat- tbeW'nconsmconmnmonhasnot .shouldered the responsibility of making such .a -radical change as cutting. the weight three pounds: per bushel. ‘MILLING. TEST SHOULD RULE WISCONSIN BOARD BELIEVES Mr, Kernan and the other members of the Wisconsin commission, agree with the eonvietion of Dr. Ladd, that milling quality should be a potent factor in deter- mining the grade of grain, not the exclusive factor, but &n important one together with: others. “ “can see no way of establishing proper grades without considering the milling value,” said Mr. Kernan. “It is the guide by which the millers buy grain, and it ought to-go into the establishing of the g’rades We have already utilized mill tests in assigning certain varieties of wheat to their grades, n.s the farmers .-nf the.non:hwest, md;egpeciguy, of North “Dakota, . know. .Ultimately all grades must be established that way. when I think t standards are adopted, : governmen 1tmllbefoundthsttkeymllrestpnrfly upon sueh tests. . - “The light weight grain which is so prevalent this season is practically all Meing bought by Minneapolis - milling interests: They are not deceived as to its quality. They know it makes: good flour. In fact it -makes a stronger flour than much of -the higher ‘grades.\ All ofxtthat;srmhmgMinnenpohsm going into flour, except such portions of ‘it as may- be mixed ‘with other -grades for export as wheat. But it can be-mar- keted as flour and mever: discovered— in fact it makes a geod flour,—while the buyers of wheat will not have it. “If there were -extensive milling facilities in Superior, a-good:deal of it (Continued on page- 21.) The Sacred Rights of Property - How It Has Come About That Courts Regard Capital HE term “Judicial Refor&?’ is not a new catch word; it is not a topic that is being discussed only by what the conservatives call “rdoisy agitators” and “blatant dema- ogues.” For conservatives and liberals, tandpatters. and progressives are all giving consideration to our courts and fhe administration and interpretation of, our law. Every American citizen is- justly proud of that great document, our consti- ution, often termed the greatest instru- “‘ment ever penned by man. Every liberty loving free American geitizen is filled with admiration at the onderful, almost inspired, system of alances and checks that the wisdom of our forefathers engrafted in it. Before and at the time of the framing of this constitution, and ever since, there have existed two great systems of juris- prudence known as the “common law” fand “civil law.” * One or the other of these systems of jurisprudence is the fundamental law of the highly civilized nations of today. In either one. of these 'systems of jurisprudence the fulamental classifica- tion of rights are known as follows -+ 1." Rights of person. 2. Rights of property. A 3. Rights of action. Th.: rights of persons, generally speak- ing, cover the rights and duties applic- able between ' state and person, . and between individual persons themselves, such as between state or nation, state or federal government and individuals, \ By H. A. BRONSON Member -of the Grand Forks County Bar and Professor of Law in the State University - concerning the dutles of citizenship, or as a member of the body politic, as between individuals, such as the relation of employer and employe, husband and wife, duties between citizens them- selves, ete. RLGHT OF PROPERTY -* ONCE HELD SECONDARY The rights of property are concerned with the status or. position of personal property or real property, and the right of the state or as an individual m and concerning the same. The' rights of action are concerned «with the remedies available to a state or individual to enforce in a court of law their respectlve rights. Now in our constitution in addltmn to the establishment' of different depart- ments of government with certain de- fined' and restricted duties: there .were incorporated also certain ' fundamental and immutable principles concerning personal rights and privileges known as the “Bill of Rights:” - s Some of these may be enumerated -as the right of freedom of speech, the right to peaceably assemble to: petition - for redress (of grievances, the right to be secure in one’s person agamst unreason- able searches, the right of habeas cor- pus, and. the right not to be deprived of life, liberty or: property - process of law. - '/ In this constituti wgithpnt’ ‘due’’ - erty therefore were wholly secondary, just as in-the hxstory of jurisprudence the right of persons in respect to their liberties, privileges and immunities have always been of paramount importance. . . In this constitution the legislative and -executive s of our govern- ment were strictly limited to certain delegated and restrained powers, so that no - infringement might be made upon these immutable principles of personal rights set forth in the “Bill of Rights;” likewise the right of private property was carefully safeguarded against any encroachment by ‘the legislative and exe~ cutive branches. Ontheotherhandthegudmnry the third division of our government—plan, had no such restraints or limitations. placed upon its: powers; on the contrary it ‘was. invested with full powers to see that no-invasion should be made by ‘the legislative-and executive departments in - violation of the mandates of the consti- tution, which so carefully’ safeguarded personal rights. =~ - -JUDICIARY HAS: m:conm \ ‘ABSOLUTE IN AUTHORITY As a consequence thejndamrythereby : became all powerful in its authority, tuhon,bntalaowerthelemala not only over the people who had dele-- gntedthesepowerstoxtmtheoonafi. ~As More Important Than Human Liberties * sonal rights and privileges safeguarded in the constitution. What is said of our federal constitu~ tion likewise apphes to our state con- stitution, for it is modeled on the same fundamental plan. It is readily observed, themfore, that in the early days of our foréfathers, in the making of the constitution, and in its_early ‘intérpretation, the paramoint questions ever zealously considered were personal rights and privileges. Little did our forefathers : ‘dream timt in a century and a quarter of existence of the commonwealth there would be wit~ nessed . a vastly pepulated. . domain stretchmg from ocean to ocean and from tropic regions to artic climes, where un- der constitutional guarantees the rights of ‘property would attain: an ascendant position over the rights of persons, as such, . whereby there would arise and be occasioned constant murmuring of the people against the secured rights, under the constitution, of property as . inter- preted by the judiciary under constitu- tional ‘provisions as against of the people for personal ‘rights and _privileges, whether as: d."commumty or as an individual. COURTS TAKE POSITIONS AS GUARDIANS OF PROPERTY rnotherwordsxgisdmeawdaym : 1 the pomhon the demand -