The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-07-03
ANOTHER RAILROAD DECISION.

Southern Minnesota Railroad, up.
piled to the United States Circuit Court,
sitting in St. Paul, for directions Is to
whether he should conform to the act
Of the Legislature Of 1871 fixing max
imum rates of railway charges. The
petition was accompanied by An Aida.
Wit Of President Drake, of the St. Raul
and Sioux City road, pointing out GER
tain Inconsistencies in the law. The
Receiver claimed that if he should con-
form to the statute rates, the earnings
Of the road, now less than the current
expenses, would DO reduced $4,000
PEI auuum. Judge Dillon delivered
his decision, in which be declined to
order the Receiver to disregard the
statute law and also declined to order
him to conform to it, merely suggest-
ing thst he should conform far as tho
interests Of the creditors of the road
would admit. Referring to the fact
that the Railway act had been sustained
by the Supreme Court Of this States
Judge Dillon said
"The Court will hesitate before pursuing
or sanctioniug course which will bring it
in antsgouism to the public policy Of the
State; and if the only question involved
was whether the State Legislature infringed
some peculiar provision Of the constitution
Of the State, We should regard It our duty
freely to accept - correct and final the
authoritative determinatio Of tho Supreme
Court Of the State.
'sBut evidently, here tho main question
is whether this legislation infringss rights
Of the Companies which are under the pro-
teotion of the constitution Of the U.i-
ted States.
"The Federal constitution protects all
contracts from legislative or Judicial inva-
sion on the part Of the States and Legis-
lative charters are contracts within the
meaning Of the constitution, and the ques-
ton is whether this legislation does invade
chartered rights Of the companies. This
is federal question, one whose ultimate
solution and final settlement rests, and
rests alone, with the Supreme Court of the
United States.
''Upor such q question the decisions of
the State Courts have persuasive or argu-
mentative, but not binding or authoritative
force"
The case of the Winona and st.
Peter railroad, in which the decision Of
the State Supreme Court affirmed the
con stitutionality Of the tariff statute,
has been appealed to the United States
Supreme Court, aud on the decision Of
this court Of last report this whole ques'
ton must depend.
The St. Cloud JOURNAL proposes to have
Wsshburn nominated for Governor Bar.
to, Of Stearns, for Lieutenant Governor !;
Billson, of Duluth, for Attorney General
and compromises with the rest Of the State
by conceding Jennison for Secretary Of
State, and Dixie for Treasurer. The edit
or Of tho JOURNAL is + generous SOUL
Southern Minnesota Acknowledges his
kindness, but it will proceed at once to
knock over his cobb house. Reverse the
programme, and we will consider whether
the proposition is worth rejecting upon
Rochester Record.
Excuse US, if you please. As long
as Northern Minnesota can offer the
best men it does not propose to be the
"under dog in the fight" And = little
thoughtful reflection will satisfy you,
Mr.. Record, that the ticket suggested
Is the best for the State at large.