The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-10-09

bears with controlling force upon the rec.
ord Of Messrs. Barton and Ayers upon this
very road, at the session Of 1872. So careful
was the Legislature Of 1867 to compel this
line to be competing line, that by the
express Language, of the act it provided
''that this railroad company shall not have
the power to consolidate with any other
railroad company within this State" That
Legislature knows well enough that so long
as this road was independent of consOlida-
ton it would necessarily be competing
line. The bill passed, and SO the law re-
manned until 1872. In 1871, this road, in
violation of the law, sold out to and CONSOLE
dated with the Milwaukee & Chicago Rail-
way Company, a foreign corporation, which
In its turn is consolidated member with
the Milwaukee & St. Paul Railway Compa-
ny, another foreign corporation. In 1872
bill was presented in the House of Repre-
sentatives, of which Messrs. Barton and
Ayers were both members, confirming and
ratltying this violation Of the law by which
the Legislature of 1867 had endeavored to
prevent this very consolidation.
1t is House file lit, and came up for final
passage February 81. 1872, and is reported
on page 375, Of the House journal. 1t is
entitled "A bill for an act to confirm the
sale of the St. Paul and Chicago railroad to
the Milwaukee and Chicago railway COM
pany." It passed. ''Those who voted in
the affirmative were Ayres, Barton" The
work Of the legislature of 1867 was wholly
undone. But the perversc spirit of mis-
chief was not content with simply that.
This road, thus sold out to foreign cor
poration, did not, in the opinion Of these
gentlemen, have power enough to regulate
freights. So by the act thus voted for by
them, it was provided that this road might
exercise all the rights and franchises here
tofore conferred upon the St. Paul and Pa
citlc railroad company, another corporation.
What are their'rights and franchises upon
this question Of freights? It is provided in
section of the charter Of that company,
that ''the board Of directors shall haze
p0ooer to establish such. rates for the con-
vey0mce of persons. and property upon its
railroad. as they shall from time to time
determine, and to charge the same and to
said company In this shape the bill
went from the House to the Senate, and it
raised such storm there that the attention
of these gentlemen must have been attract
ed to what they had done, It they did not
know it before.
Senator Buell., of Houston, rose in his
place and said, if he is correctly reported in
the St. Paul Pioneer of February %, 1872,
''that the St. Paul and Pacific railroad had
lue pOWcl Wy 4Cs cHdIteI W IeSuldLc IdLeS,
that the extraordinary provision should not
be extended to other roads. 1t would eter-
nally bind down the people of the State to
this road" A Senator then offered an
amendment, (page 329, )Senate JournaD that
the rights herein are granted, and this act is
passed upon the express condition that the
Milwaukee & St. Paul railway company
shall at all times carry freight aud passeng-
ers upon its road at reasonable rates." Sen
ator Childs didn't see what particular force
there was in reinacting the Constitution,
especially when it was not proposed to strike
out of the bill the clause by which the pow
er of the St. Paul & Pacific as to rates were
expressly conferred upon this consolidated
corporation; and he therefore moved to
amend the amendment of the Senator by
adding thereto an amendment which was
"that the acceptance of this act shall SUBJ
ject the said Milwaukee & St. Paul Railway
Company, and all and singular its line or
lines of railroad, and all the branch lines of
railroad owned, controlled, or operated by
said company within this State, to all of the
now IN force or hereafter to be enacted, re-
lating to the use and management of rail
roads; and the maximum rates and tolls for
the transportation offreight and passengers
over any of the said lines of railroad shall
not exceed the maximum rates now or here
after or hereafter to be established by law"
This amendment meant business. 1tprO.
posed to subject this road to the law passed
by the Republican Legislature of 1871 pre-.
scribing rates, which was then pending in
the Blake case in the Supreme Court of the
lost. The amendment offered by the first
Senator was carried, and the bill went back
to the House perfectly Illuminated with dis
cussiOn and criticism.
1t shone bright enough to dazzle blinC
man. 1t did not dazzle the eyes Of the
OWatonna nominees. 1t came UP again in
the House on February 26, lS72-is reported
on page 535 OF the House journal: 1.-THE
question was taken upon the passage of the
bill as amended. Those who voted in the
affirmative were Ayers, Barton,1
Here was an exceIlenL opportunity, by
presenting Mr.. Childs' amendment in the
House, to carry out the principles of the
Owatonna platform, that 'the right to pre-
scribe rate of tolls and charges is an at
tribute Of sovereignty" Neither of these
gentlemen did so, and through their action
the bill became law, and remains so yet,
expressly by its terms contracting away
the right of the State to prescribe rates,
giving that right to the board of directors OF
a foreign corporation, and multiplying the
law of 1872 in relation to rates.
"ResOlUed, That the subservlency of the
present candidate for Governor on the Re-
publican State ticket" etc.,!
I can call to mind but one parallel in
stance Of GOODNESS by way of resolution,
and that is the resolution fthe Democratic
convention of Massachusetts,, held last
month, in which it is solemnlY resolved
"that the Republican party is responsible
for the seduction of Democratic members of
Congress to corrupt schemes"
Let me pursue yet further the record of
the Owatonna nominees at that session.
We all know to what extent the railroad