State ex rel. Hospes v. Lumbermen's Board of Exchange

• Decision Date: 15 June 1885
• Citation: 23 N.W. 838,33 Minn. 471
• Parties: State of Minnesota ex rel. A. C. Hospes v. Lumbermen's Board of Exchange
• Court: Minnesota Supreme Court

23 N.W. 838

33 Minn. 471

State of Minnesota ex rel. A. C. Hospes v. Lumbermen's Board of Exchange

Supreme Court of Minnesota

June 15, 1885

Upon the information of the relator, alleging his appointment and qualification as surveyor general for the first district of the state, that the respondent, which was incorporated under Laws 1883, c. 138, has appointed and designated one Judson W McKusick as its surveyor, and has undertaken to confer upon said McKusick authority to scale all logs in the first lumber district of the state; that the respondent has appointed a secretary for the purpose of keeping a record of the scaling and measurement that may be made by said McKusick; that the respondent, through its officers and agents, has scaled and is constantly scaling logs in the St. Croix river and other waters in this state, is keeping records of the same for the purpose of furnishing copies thereof to its members and other persons, and refuses to allow the relator to scale logs owned or controlled by it, and that the franchises so exercised and assumed by the respondent are unauthorized, and are designed and operate to prevent the relator from discharging the duties imposed on him by law -- a writ of quo warranto directed to respondent, was issued from this court. The answer of the respondent denies that it has ever interfered with the relator in the performance of his duties, or has ever refused to permit him to scale logs owned or controlled by it, and admits the appointment of McKusick, but denies that it has attempted to confer upon him authority except such as is authorized by law. Testimony was taken by a referee and returned to this court, and thereupon the matter was argued and submitted.

Let judgment be so entered.

Searles Ewing & Gail and J. N. & I. W. Castle, for relator.

Fayette Marsh and Clapp & McCartney, for respondent.

OPINION

Gilfillan, C. J. ^[1]

The act under which the respondent became incorporated (Laws 1883, c. 138) contains this provision, (§ 2:) "Said corporation shall have power to appoint one or more persons, as they may see fit, to examine weights scales, and measures, to weigh, gauge or inspect flour grain, produce, provisions, liquor, lumber, or any other article of produce or traffic commonly dealt in by the members of such corporation; and the certificate of such person or inspector as to the quality, quantity, grade, or condition of any such article, or the brand or mark upon it, or upon any package containing such article, or upon any car or other vehicle of transportation thereof, shall be evidence between the buyer and seller of the quantity, grade, quality, or condition of the same, or of any part of the same, and shall be binding upon the members of said corporation, or others interested and requiring...