The Grange advance. [volume] (Red Wing, Minn.) 1873-1877, 1875-01-12


has therefore recently exhibited in the Su-
preme Court of the United States it's bill O.!
complaint against the city of Duluth and the
Northern Pacific Railroad Company in which
the decree of that tribunal is prayed that the
defendants be perpetually enjOined from
keeping open or maintaining the canal and
also required to fill it up.
The interest of the state of Minnesota in
the subject OF this suit is so paramount that
have determined, at the request of the
Common Council OF the City Of Duluth, to
act under the authority conferred upon the
Governor by joint resolution, approved jan
uary 23d, 1873, and to take such necessary
steps as will protect the interests Of the
State in the premises.
THR RAILROAD QUESTION.
In 1871 the Legislature ENACTED stat
ute entitled can act to regulate the carry
ing of freight and passengers on all rail-
roads in this State" This law was crude
in its conception, harsh towards the PEG
pie in some of its provisions which were
honestly intended fo= their benefit, unjust
to some Of the weaker railroad companies,
in that it did not consider that the ques-
ton Of rates is justly subject to considera-
tions respecting the strength of the road
to which they are applied. 1t was also
from similar causes work of invidious
favoritism in some respects towards the
strong companies, for it gave them, under
certain conditions and in regard to certain
classes of freight greater compensation
than those companies had themselves pre-
scribed. The law broke down at once I'M
der its own inherent imperfections, and its
sole value consists in the fact that it was
the first assertion Of the right of our Leg
islature to protect the people against ex-
cessive tolls and unjust determinations,
and that under it, these questions of right
were submitted to the courts, whose decis-
ions established the existence of these
rights over the companies, who were de-
fendanrs
In 1874 another act was passed, after
much deliberation and discussion, estab-
fishing Board OF Railroad Commissioners,
and requiring them to make schedule of
reasonable maximum rates TOR each COM
pany by August, i 1874. 1t prohibited un-
just determinations, and prescribed equal
ity O: charges for equal distances. Aux
iliary to these general principles which
the statute was designed to establish it
contained other important provisions
which it is not necessary here to recapitu.
late.
1appeinted as Commissioners ex-Gov-
ernor VIM. r. Marshall, Gen. A. J. Edger-
ton and Hon. John J. Randall, with the
fullest sense OF my own responsibility and
with the view of securing the services of
citizens of undoubted standing W no would
perform the duties of their Office with ju-
dicial impartiality. These gentlemen adj
dressed themselves " ith great industry to
the administration of this statute, and the
result of their labcrs together with such
| recommendations as their experience has
suggested are prese:te ted in their report.
They state that in the establishment OF
rates they proceeded solely upon their con-
victions of Whist would be reasonable, after
considering the views of the companies
and the shippers, designing to effect mate
rial savings 70 the poop e and at the same
time not to oppressively reduce the rev.
enues of the roads. They aimed also to do
away with the evils of determinations,
which they consider the most important
grievance 81 all. ThGee-f0urtbs OF the
carrying business of our roads consists OF
the transportation Ct lumber and grain,
! and it is as to these that reductions have
been mainly effected. They state that
there has been q general q Id substantial
compliance with the law on the part OF
the companies and that no we'll founded
complaint has been made of its violation.
They make several special recommen-
dations upon points where they think
amendments will be necessary.
Statutes are generally vindicated or
condemned by their results. This statute
has resulted in the substantial abolition
OF local determinations. The tables which
accompany this report demonstrate that,
pom passenger fares, if the
average earnings estimated by
the Commissioners are correct, reductions
will in one year amount to SIS, 345. BY
the same process Of approximation they
estimate that the saving in one year frem
August l, 1874, upon the two articles 0
grain and lumber will be $3.50, 900.
Upon the general question Of the right
of the State to prevent abuses and to give
a remedy for their commission, my own
views arc so we'll known through frequent
expression that it is not necessary for me
to reiterate them. regard it as practical
ly settled that this right exists. This
view is warranted by the decisions OF
nearly all the courts which have PASSED
Upon the question, and now awaits final
confirmation by the Supreme Court of the
| United, States whose decislonss.upon prin-
| ciples which underlie this subject have
| placed that court upon a line of logical
consequences which, itwould seem, must
lead it to affirm the views of the subordi-
| nate tribunals.
The right then existing the question is
merely how shall it be exercis' d. That
question it is for the people themselves to
! determine. It is not a matter Of party
| feeling. 1t cannot be circumscribed by
party lines. 1t is aquestie on of justice, in
solving which it is your duty, doing no
wrong, to see that the people suffer ne
wrong.
CONCLUSION.
As l close this paper some considerations
nresA almost irreSistablY for exnressi0n