The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-10-02
RAILROAD TITORfroH.,=' q
lqS5GaiE Gs'; e. =. -. - I,0G 81
GEN. EzlDlGEATOs'sg VIEW or THE
hEnEOY.

''ondols rates reeently adopted by ith,
t.1lro'd 'eompinies ior The 'tr..lDsport. b.
''ioa of Wheat, ind "if tho T hhi.ive II / ).
power to'grab the whole crop Of The
farmers," I would respectfully say
4 there s ,is' remedy but if the present
esss DOW pending in tho Supreme
conrt Of the United States should be
decided adversely to tbe State (vh,oh
= y; DO e tot believe), it may need some
amendment to render it complete. The
nezt?Leeislature should, in my opinion,
%, modify the rules. Of evidence, and
osher~ise amend the present law, as t.
admit .allp species Of proof now inadmis-
sibts tb.t'sll over and shove the Fixed
raates are unreasonable and extortion.
ate. The Introduction of such proof
and 9 IN that the company sought to be
charged, has charged such unreasonable
rates, should constitute a prin,a taeie
case. The company should then be 81.
lowed to rebut this by such evidence
ss it may have or tho peculiar eircum.
stance Of the, case will admit.
The question will then go to the
jury upon the prin.a tacie case Of the
plaintiff. If the jury shall find, tia.
the company has failed to addues sqf.
6eient eien proof tor the reasonableneas Of
the rates charged, theo, Of course, the
plaintiff must recover. The whole
question, must ip euch cases, be deter
mined BY . jury Of tho. county where
the unreasonable charge is. made. ..r
s;Persaps it might BE- we'll in sueb
oaaes .s to provide for, treble d.m.ges,
and also make 4 reasonable allowance
to tor :! costs, % 80 that the burden should
rest where it properly belongs.
I do not believe this course can
work any hardship. As the rules of
evidence now stand, the plaintiff must
show that the rates charged are un.
reasonable by proof exclusively within
the possession Of the railroad companies.
This plan only reverses the rule, and
throws the burden of proof upon the
parties who are In possession of it =; and
it further makes the local jury, instead
OF the legislature, the judge of what is
reasonable.
The companies all admit that they
are compelled to carry at reasonable
rates. This is not only a principle Of
common law, but is expressly incorpor.
ated in most Of the charters. The
question whether I certain rate is rsa-
sonable or unreasonable thus becomes
purely an. issue Of fact to be determined
By a jury.
~ This course will impair no vested
rights, ss the legislature has tho un.
questionable authority, at any time, to
alter and tmodlfg the rules Of evi.
dence.
There is another reason Why this
plan should be adopted. The decision
of the supreme court of tho State does
not determine the authority Of the State
over companies having charters like the
St. Paul T. Pacific.
I would therefore recommend that
every one injured BY the present IN.
reasonable rates keep an exact account
Of the losses sustained for future ad.
justment.
These remedies, in my opinion, will
secure US against abuses and extortlon-
ate rates 10 the State, but in order to
render this remedy complete, We must
appeal to the authority of the General
Government. Congress, under the
constitution of the United States, has
the undoubted authority to supply all
needful remedies. And the sooner
the producers Of the West and the con.
supers OF the East unite and demand
Of that bcdy this needed protection the
better.
One of the most distinguished U
s. Senator'S has lately given utterapce
to the following sieni6cant words:
"Under the constitutional provision
giving Congress power to regulate
commerce among the several States
Congress has power to regulate the
great through lines Of railwsys eng.g>
cd in conducting the interests Ut State
commerce..
r. In answer to your second inquiry, I
would say that if oil these remedies
fail us, to-wlt the law Of 1871 and
the course recommended above, then
We are indeed at the mercy Of these
monopolies.
l have OF mentioned the possibility
or practioability Of State ownership of
the roads, for I have full confidence
in the legal authority of the State
and the remedies above alluded to.
Respectfully yours,
A. j. EDGERTON,
H. r. Commissioner.
st. Paul Press.