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· 5/14/1894

Brass v. North Dakota Ex Rel. Stoeser

Citations

  • 153 U.S. 391
  • 14 S. Ct. 857
  • 38 L. Ed. 757
  • 1894 U.S. LEXIS 2192

Syllabus

<p>The act. of March 7, 1891, c. 126, of North Dakota, “ regulating grain warehouses and weighing and handling of grain,” declaring elevators, etc., to be public warehouses, and their owners to be public warehousemen, and requiring them to give bond conditioned for the faithful performance of their duty as such, fixing rates of storage, and requiring them to keep insured for the benefit of the owners all grain stored with them, does not apply to elevators built by a person only for the purpose of storing his own grain, and not to receive and store the grain of others, and being so construed it does not deny the equal protection of the laws to the owner of an elevator made a public warehouse by it, does not deprive him of his property without due process of law, does not amount to a regulation of commerce between the States, and is not in conflict with the Constitution of the United States.</p> <p>This case differs in no substantial respect from Munn v. Illinois, 94 U. S. 113, and Budd v. New York, 143 U. S. 517, and an adherence to the rulings in those cases requires the affirmance of the judgment pf the court below.</p>

Judges: Shiras, Brewer, Field, Jackson, White

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