The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1882-07-06
WHEAT DEALERS AND PRODUCERS
Highly Important to Elevator
Men, Small Warehouse
men, Farmers and
Railroads.
Letter from the Dlinnesota Rail.
road Commissioners to tho
Manager Of the Man.
itoba Railroad.

Letter 1fom the Minnesota Rail.
road Commissioner to tho
Manager fthe Man
itoba Railroad.
The following elaborate opinion Of the rail-
road commissioner 10 founded on tho COM
plant OF ". g. Wells, president OF tho Forest
Mills company, Goodhue county, who alleges
that he hes boon purchasing and shipping
wheat from Benson for tho past reason ~ an
independent shipper. but il now denied the
further privilege except upon conditions hs
deems unreasonable, and appeals to tho rail-
road commissioner. The commissioner pre-
seDted the case to tho manager Of tho railroad,
who AHMED bis position, as quoted in tho de-
cision below. The following il Gen. Bakers
opinion in full, covering al points in tho case,
and 10 Of wide concern to the wheat buying
and shipping interest in tho State:
OFFICE or The STATE RAILROAD CoxNrs-
sIoNER: ST. PAUL Juno %. les2.-A Marvel,
apolis 4 Manitoba Railroad-sir: Tho question
involved in tho complaint at Benson is ono Of een-
ersi Application: and must. therefore. be con-
briefly this: There sre now two elevators in
Benson. on your track, receiving and shipping Rrain
according to your regulations In addition to these
10000 bushels capacity. not on your track, but
upon bis own ground. He il An independent buyer
yine by the carload on cans furnished
Mr. " %e. Sa. eu;ossd th:
privilege for some time by the assent of your com
pany. You have notified him. however. that you no
SHIP WHEAT UNDER THESE CONDlTIONA
claiming 1t to bo au Inconvenience which has caused
you to mako general regulation applicable to all
such places in regard TO size Of elevators and
houses. and location OF the same. Further, that
yo1 do not deem his request that to furnish him
with cars on side track in which to load from was-
0ns IN bulk. In any respect reasonable or proper"
Therefore you have required Of him . condition
OF his further shipping grain from that station that
hs shall build An elevator Of 900 bushels cspac-
1s': suS S0e' the moro ss'';'Ss: sSsa
doubtful il railroad companies should have the
ings shippers on their line shall use. Any sestric-
tions upon the rights and privileges OF tho general
public by the authority OF common carrier would
two The exercise Of such an authority would
subject slippers to control by the railways in such
= manner ~ to destroy their independence. Itis
free from any control by the railway companies
We're such control or dctation permitted. the een-
eral public would believe that some sort of > CO.
ss1sS: Benson 'tS.a'' tS.s Mr. BY ws ii:
!: an independent buyers OF wheat in
irrespective Of grades sought to be established.
Tho Independent buyer is in truth tho factor who
regulates the local price Of wheat. and bis existence
should always be encouraged As = matter Of public
policy. Just a. in larger sense the little wheat
we sell in Liverpool controls and regulates tho
price Of the entire crop, just in like manner does
price Of Wheat Not only Should The indepenIent I
local buyer be encouraged bs equal shipping priv
ileges but tho
FARMER HIMSELF SHOULD HAVE THE PRIVILEGE
IOadlnO 4 "a nd - VI,
proposed regulation would deny the farmer this
right Farmers rule do not ship wheat, but
they should not be debarred the right. Local
prices may e unsatisfactory and they may therefore
desire to ship on their own account The elevators
may conspire against them; from this they might
have no deliverance il they did not possess the
pendent parties have the open privilege Of shipping
elevators Every consideration. therefore. of pub
lie policy would open the widest privilege to those
desiring to ship wheat Railroads. ought to have
no interest in the matter other than to receive =
reasonable ratio for transportation. TO force ship
pers to build elevators would make monopoly OF
tho whole mode of shipping. and in effect would
cause few mon to own all the elevators. Tho ten
deucy that way is now aucien:Iy strong. and moth
ing should be done to give it greater encourage
ment The man Of limited means shosld como to
tho carrier the same footing ~ his better
equipped neighbor. To this broad and equal privi-
1t is their safe refuge from popular storms.
Now while we would insist on tho largest ship
ping PRIVILEGES for tho general public, tho public
bushel or ono wagon load should not receive tho
same facilities - the man who ships = carload.
Tho road regulations themselves prevent this, for
car lot rates are much loss than they are for small
they seem to apprehend in that direction. Not
only 20, but neither ths Office public sentiment
world sustain unreasonable demands on the part Of
shippers. no moro than unreasonable restFic-
tio0s on the cart OF common carriers Whatever
reasonable regulations the railroads find Necessary
in order to practically handle their cars with view
to promptly and efficiently serve the public should
be cheerfully complied with by shipperA In tho
.h:ence of any controlling statute railroad Ieeu-
Iation should be reasonable and consonant With the
general public good.
sEcoND-As TO LAW OF THE CASE
railroad companys regulations should not rise
above tho statute: The provisions Of Law govern
ING tuch cases will be found as follows: Sec. IS.
1873. These statute provisions s.e simply an a.
frmation Of tho common rule. applicable to COM
mou carriers. A a principal every hallway is .
tons TO- receive aud ship ali grain offered
1n.,oms11 The Hallway ,.e. cannot have choice q
vators should be erected for tho better accommo-
da'ion of the public. and that persoas embarking
their money in such enterprises should receive
sderation Of seeming good policy cannot take away
or in any manner impair tho legal rights OF other
parties: Railroads. like the innkeepers, must take
tSCO0Ulof1
Balment:, 354) By your regulation it is prae-
ticaly said to tho applicant that unless he builds
an elevator Of $4,000 bushols capacity he viii b
s s OF :''s % sea % to On
sonabe ono nor sufficient excuse for refusal to
eaEy. tschou'er's Bailments. 365: Story on Ball.
menta &c. sos: Redaeld on R.ilxay4
Com: $50. which i. tho general principal sinc:
followed BY tho courts. Is ~ follows: 'Commoa
carrier: undertake generally. and not .. casual
~ goods and deliver them At place appointed. foe
hire. u business. and With or without special
agreement - TO price. Al they
hold themselves to tho world ~ common carriers
for reasonable compensation. they assume to do
and are bound to do what is required of them IN
tho course OF their employment. il they havs tho
TO
ton" You can therefore make no restriction
II TSs decision: Of tSs
courts uniformly sustain this principle In
aem.Ia. ae'1i:I to furnish. furnish e: t. meet :Ss
b ju.tii,es,,on in refusing them % to IT.. wsiis.
But he would be entitled to his proportion Of thai
which tho capacity OF your rolling stock did leave
for your patrons At that place 1t tie trus that It
may be and unQuestionably 10 . practical nconve-
nience. and som. What greater expense to receive
IN. gram 10 shs :nner Loading from
laws and rules relating to carriers have not yet suf
feYed them to imDose such limitations upon tha
reception Of goods. 0ehnson " tons of coal ~
THE GRANTED EXTEN8IONA
1hird-1u 1877 your predecessors vere present
At the Legislature asking an extension Of time q
to tho completion OF important extension lines Of
your system to save their franchises and landA
BY. tho act Of March l.. 1877. Tho
legislature granted An extension upon
certain conditions. Of which section IL. March
!. 1870 IL ~ follows: ''FseiRht and passengers
shall At all times be carried over all parts Of satd
line. of railroad on equal and reasonable terms
which shall be subject to regulation and revision By
the legislature under its authority, ind without
unjust discrimination in favor OF or sgainst any
pe. sons or paceA" These conditions Were accept
cd and arc merger and exttnguishment OF any az
ceptional advantages supposed to attach 70 the
charter Of the Minnesota Il Pacific Railroad COM
pany, and brings all your extension lines subordi-
nate TO all tho general laws now or hereafter a.
acted for the government Of railWays in this State
Finally. the doctrines OF the veil known Granger
casos settled by tho supreme court Of tho United
StateA would compel your company to subordinate
itself In I'll its rules and regulations to The