Andrews,  J.  The  main  c[ue8tion  upon  this  record  is,  whether
the  le^slation  fixing  the  tnaximum  charge  for  elevating  grain,
contained  in  the  act,  chapter  581  of  the  Laws  of  1888,  is  valid
and  constitutional.  The  act,  in  its  first  section,  fixes  the  max-
imum charge  for  receiving,  weighing,  and  discharging  grain,
by  means  of  floating  and  stationary  elevators  and  warehouses*
in  this  state,  at  five  eighths  of  one  cent  a  bushel,  and  for  trim*
ining  aiid  shoveling  to  the  leg  of  the  elevator  in  the  process  of
handling  grain  by  means  of  elevators,  ^'lake  vessels  or  pnH
pellers,  the  ocean  vessels  or  steamships,  and  canal-boats,"
shall,  the  section  declares,  only  be  required  to  pay  the  actual
cost.  The  second  section  makes  a  violation  of  the  act  a  mis-
demeanor, punishable  by  fine  of  not  less  than  $250.  The  third
section  gives  a  civil  remedy  to  a  parly  injured  by  a  violation
of  the  act.  The  fourth  section  excludes  from  the  operation  of
the  act  any  village,  town,  or  city  having  less  than  one  hun-
dred and  thirty  thousand  population.  The  defendant,  the
manager  of  a  stationary  elevator  in  the  city  of  Buffalo,  on  the
nineteenth  day  of  September,  1888,  exacted  from  the  Lehigh
Valley  Transportation  Company,  for  elevating,  raising,  and  dis-
charging a  cargo  of  corn  from  a  lake  propeller  at  his  elevator,
the  sum  of  one  cent  a  bushel,  and  for  shoveling  to  the  leg  of
the  elevator  the  carrier  was  charged  and  compelled  to  pay  four
dollars  for  each  thoosand ^bushels.  The  shoveling  of  grain  to
the  leg  of  an  elevator  at  the  port  of  Buffalo  is  now  performed
pursuant  to  an  arrangement  made  since  the  passage  of  the
act  of  1888,  by  a  body  of  men  known  as  the  Shovelers'  Union,
who  pay  the  elevator  $1.75  a  thousand  bushels  for  the  use  of
the  steam-shovel,  a  part  of  the  machinery  connected  with  the
elevator,  operated  by  steam,  and  who,  for  their  services  and
the  expense  of  the  steam-shovel,  charge  the  carrier  for  each
thousand  bushels  of  grain  shoveled  the  sum  of  four  dollars.
