The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-10-09
taxes" "ThOse who voted in the attirlna-
tive were Messrs. Ayers, Barton,-'

came up 1Or nelp. IL was incorporated in
territorial times, and by section Of It's
charter, "the directors OF said company
shall have power to make all needfu rules,
regulations and bylaws touching the rate,
of toll, and the manner Of collecting lie
same"
Here again was an excellent opportunity
to refuse legislative favors until the COM
pany would consent to be bound by the act
OF 1871, concerning rates, which all of the
companies which have such powers as this
one has, maintain is invalid as to them. The
opportunity was suffered to pass unim-
proved. The bill came up in the House on
February 9th, 1872 House journal, page
2l3. "A bill for an act to amend the char
ter OF the Minnesota and Northwestern Rail-
road Company" Those who voted in the
affirmative were Messrs. Ayers, Barton.
The next in order is the Minnesota Valley
Railroad Company. The exceedingly able
gentleman who is the president of that road
firmly denies that his road is at all bound by
the rate act of 1871. 1t is claimed that 1t is
possessed Of one of those inviolable sanctu-
aries in the way of a charter. Now what
DID this corporation want of the legislature
OF 1872? Nothing less than permission to
construct a branch railroad from a point on
It's main line to the south line of Faribault
county, with branch from that branch to
ANOTHER point on the Iowa State line. The
Dlli Which passed contained a provision that
me provisions OF the act incorporating the
Sioux City and St. Paul Railroad Company
Vt IS the same road with the Minnesota
Valley road) "and all acts amendatory, ad-
dltlonal or supplementary thereto. or con-
icrrlng corporate rights, powers, or priyi-
leges enjoyed by said company, so far as
may be convenient or necessary for the con-
struction or operation Of said branch lines,
are declared in force and applicable to the
branch line"
Now by the charter OF the Minnesc
Valley road, it il. entitled to all the priv
eyes and franchises formerly owned byt
Southern Minnesota, prior to the forecJ
ure OF the mortgage by the State (se1
charter.) This was one of the terrific
roads whose descendants claim perfect
munity from Ill legislation. which attic
to control their charges. Making
claim, the descendant asked the Legis
OF 1879 for authority to build two bra
into a, portion of the State as yet / -
golden opportunity to subject, not on
new lines, but the old one also, to th
visions of the law of lS7l-or at least
tempt to do so. No such attempt
made. The bill passed the House ia
1872; Page 295, House journal:
blouse File No. 265. A bill for an a,
authorize the Southern Minnesota Rail-
Company to construct branch railr,
from some point on the main line in Fl -
bault county via Blue Earth City, to
Iowa State line. Those who voted in tn
affirmative were Messrs. Ayres, Barton
The Tasting and Dakota road next ap-
pear upon the scene. 1t is a dependency
of the milwaukee and St. Paul Railway
Company and is consolidated with it. It
was incorporated in 1857, and claims, of
course, absolute power to fix rates and alb
solute immunity from legislative control.
1t wanted to save its grant by obtaining
an extension of time in which to complete
its road. No attempt was made to affix
any conditions to the legislation BY which
this road obtained from the Legislature of
1872 all that it asked. No effort was made
to say that you can take relief conditional
upon your subsection to the rate law of
Goth, 1872; House Journal page l09; "a
dill for an act to extend the time within
which the Tasting and Dakota Railway
Company may build certain portion Of
its railway" ''Those who voted in the af-
trmatlve We're Messrs. Ayers, Barton,-'
And now comes the Winona and St. Pc
ter Railroad Company for additional DOW
| er. This is the road which contested in
the courts the validity of the rate law OF
1871, claiming that by implication of its
charter it is superior to legislative control,
as Ii is doing to-day, and as it did about a
month ago, when it joined with the Mil
waukee and St. Paul road and added three
cents to its rates for wheat. 1t, too, has
been swallowed by foreign corporation.
1t Wrlggles. smaller serpent in the belly
of the Northwestern road-which came
over from Wisconsin and swallowed it,
| from Winona to Lake Campeska.
1t would naturally be supposed that this
read would receive peculiar attentions
when it asked that Legislature for legis-
lative favors. Possibly counsel were at
that moment arguing the case of Blake
against the Winona and St. Peter Railroad
Company in room adjoining the Represen-
tative chamber. What did this road ask!
Nothing less than permission to build anoth-
er road from Waseca to the State line.
Were the promoters of the of the bill told
that the ycould not have relief except upon
submission to the provisions of the act Of
contesting in the State Courts, and which it
has since taken to the Supreme Court of
the United States? Not at all. 1t got all
it asked without restriction or dissent, and
to make assurance doubly sure as to the pow
er it claims to levy its own freight, the bill
contains provision that ''all the provisions
of the charter of the Winona and St. Peter
Railroad Company, so far as applicable,
necessary and convenient, and not con
trary to provisions of this act are contin-
ued, and shall be extended to, and be IN
force for, the construction and operation OF
the branch road authorized by this act"
Continuing in force as to a new road the
very law under which the company claimed
its exemption from State control.
oRasolved, that the snbserviency of the