Page:North Dakota Reports (vol. 2).pdf/515

 sand dollars, and vary in capacity from five thousand to fifty thousand bushels; that there are from two to ten elevators, warehouses, and flathouses operated and owned, each by different owners and operators, at every station in North Dakota at which grain is marketed; that land upon which it is practicable to erect other elevators at every station in North Dakota at which grain is marketed is unlimited in area, and can be readily purchased at prices varying from one dollar and twenty-five cents per acre to forty dollars per acre; that respondent’s said elevator cost, when constructed and fully equipped, about three thousand dollars; that the capacity of the same is about 30,000 bushels; that respondent’s principal business is that of buying wheat at Grand Harbor, N. D., and shipping the same to and selling it at Minneapolis and Duluth, Minn., to which business that of storing grain for third persons has been a mere incident; that all grain purchased by respondent at his said elevator is purchased for the sole purpose of being shipped to and sold at, and is shipped to and sold at Minneapolis and Duluth, Minn.; that respondent in the conduct of his said business contracts with millers and other purchasers of grain at said Minneapolis and Duluth to sell and deliver to. said persons at a future and fixed date certain quantities of wheat, and operates and maintains his said elevator for the exclusive purpose of purchasing grain to fill said contract; that in seasons when the grain yield is light, and railroad facilities are such as to enable grain to be moved rapidly, there is space and storage capacity in respondent’s elevator in excess of that used by respondent’s grain, and particularly when respondent’s contracts for the sale of grain are small, while at other times, when the yield is enormous, as in the present year, respondent’s contracts are large, and the quantities of grain presented for shipment are beyond the capacity of the railroads to move, then there is not sufficient storage capacity in respondent’s elevator to hold and store the grain purchased by respondent in the conduct of his said business; that there are located in Minneapolis and Duluth, Minn., a great number of corporations, persons, and co-partnerships engaged in a business known as the ‘grain commission’ business; that these grain commission