State ex rel. Mohler v. Megaarden

• Decision Date: 10 November 1899
• Citation: 77 Minn. 483,80 N.W. 778
• Parties: STATE ex rel. MOHLER v. MEGAARDEN, Sheriff.
• Court: Minnesota Supreme Court

77 Minn. 483

80 N.W. 778

STATE ex rel. MOHLER

v.MEGAARDEN, Sheriff.

Supreme Court of Minnesota.

Nov. 10, 1899.

Motion for rehearing. Denied.

For former opinion, see 80 N. W. 1134.

PER CURIAM.

Counsel for relator in a petition for reargument urge two points to which brief reference should be made. The first is that, for the purpose of sustaining the classification as made in the law, the court announced that certain conduct on the part of persons who handled wheat on commission had become a matter of common talk among the people of the state, and this announcement counsel insist is wholly without foundation, and absolutely erroneous. Whether we were right or wrong in this is of no moment. The basis of the opinion as is obvious from a reading, is that this particular business of selling agricultural products and farm produce is affected with a public interest, and is liable to abuse, and for these reasons is subject to police regulation by legislative act. Nothing more is necessary on this point.

The second point relates to the alleged arbitrary action of the railroad and warehouse commission when prescribing what is required of those who apply for licenses; copies of a circular letter issued by the commission and of the bond demanded being attached to the petition. It is enough to say on this point that this action cannot affect the validity of the law; and, further, that, if arbitrary and oppressive, there is an adequate and complete remedy in the hands of those who have cause for complaint. Petition denied.