Morris tribune., 1882-07-06
Advertising Rates
REASONABLE
AND
FURNISHED ON APPLICATION.
First Glass Facilities for Job Work
Legal Advertisements Must be Paid
for when Affidavit IL Given.
WHEAT DEALERS and PRODUCERS.
Highly Important to Elevator
Men, Small Warehouse
men, Farmers and
Railroads.
Letter from the Minnesota Rail-
road Commissioner to the
Manager of the Man.
itoba Railroad.


The following elaborate opinion Of the rail-
road commissioner is founded on the COM
plant Of w. s. Wells, president Of the Forest
Mills company, Goodhus county, who alleges
that he has been purchasing and shipping
wheat from Benson for the past season as au
independent shipper. but is now denied the
further privilege except upon conditions he
deems unreasonable, and appeals to the rail-
road commissioner. The commissioner pre-
sented the case to the manager of the railroad,
who affimed bis position, as quoted in the de-
cision below. Tho following is Gen. Bakers
opinion in full, covering all points in the case,
and is Of wide concern to the wheat buying
and shipping interest in the State:
OFFICE OF THE STATE RAILROAD CoMMrs-
sIoNER, ST. PAUL. June %, 1SS2.-A Manvel,
Esq, General Manager of the ST. Paul, Minne-
apolis & Manitoba Railroads.&c.: The question
eral application, and must therefore. be con-
sidered in its larger aspects. The situation is
briefly this: There are now two elevators in
na ddS RRPs B
W. T. Wells has y warehouse at that place Of
10000 bushels capacity, not on your track. but
of wheat, desiring the privilege of ship
ying by the carload on cars furnished
by your company on your :detracks,
privilege for some time by the assent of your COM
pany. You have notified him, however that you no
longer desire him to
SHIP WHEAT UNDER THESE CONDITIONS.
claiming it to be an Inconvenience which has caused
you to make general regulation applicable to all
such places in regard to size of elevators and ware
houses" and location of the same Further that
you do not deem his request that to furnish him
with cars on side track i'll which 10 load from wag-
ons in bulk. in any respect reasonable or proper"
Therefore you have required of him as q condition
of hfs further shipping grain from that station that
ne shall build an elevator Of 10000 bushels capac-
ity; or more. on the com Rany's ground. First, as
sou the rodd RGO: spdD Roey h' moro SendS.s ,Sss
doubtful if railroad companies should have the
power to prescribe the size and location of build
tions upon the rights and privileges of the general
public by the authority Of a common carrier would
wholly change the proper relations between the
two, The exercise Of such an authority wou
subject shippers to control by the railways in such
manner as to destroy their independence. Itis
especially to De desired that all elevators shall be
free from any control by the railway companies
Were such control or dictation permitted. the gen.
eral public would believe that soms sort of CO.
partnership existed between the rAroads and the
eszsi1F' enens Bs5son s intS9'd tSs9 ws, tas
is an independent buyers of wheat in
that market. He buys for his mills on its merit,
Irrespective Of grades sought to be established
The independent buyer is in truth tine factor who
regulates the local price of wheat and his existence
should always be encouraged a matter of public
policy. just as in larger sense the little wheat
price of the entire crop, just in ike manner does
the independent local buyer regulate the local
price of wheat. Not only should the independent
local buyer be encouraged By equal shipping priv
iipges. but the
FARMER HIMSELF SHOULD HAVE THE PRIVILEGE
OF loading car and shipping 1t at any time. Your
proposed regulation would deny the farmer this
right. Farmers a rule do not ship wheat, but
they should not be debaFrei the right. Local
prices may be unsatisfactory and they may therefore
desire to ship on their own account. The elevators
may conspire against them: from this they might
have no delverauce If they did not possess the
privilege of shipping. The mere fact that all inde-
will always prevent monopoly by those running
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 a
reasonable rate for transportation. To force ship
pers to build elevators would make a monopoly Of
the whole mode of shipping. and in effect would
cause few men to own all the elevators. The ten
dency that way is sufficiently strong, and moth
ing should be done to give it greater encourage
ment. The man OF limited means should come to
the common carrier the same footing as his better
equipped neighbor. To this broad and equal privi-
lege the railroads must come in their own interest
1t is their safe refuge from popular storms.
Now while we would insist on the largest ship
ping privileges for the general public, the public
itself must be reasonable. The man with ons
bushel or one wagon load should not receive the
same facilities as the man who ships carload.
The road regulations themselves prevent this, fer
car lot Rates are much less than thaS are for small
they seem to spprehend in that direction. Not
only so, but neither this Office nor public sentiment
wocd sustain unreasonable demands on the part of
shippers. more than unreasonable restric-
tions on the part of common catriers Whatever
reasonable regulations the railroads find necessary
in order to practically handle their with 3 view
be cheerfully complied with by shippers. In the
absence Of any controlling statute railroad IePu-
lation should be reasonable and eonscnaut with the
general public good.
sECoND-As TO LAW OF THE CASE
A railroad company's regulations should not rise
above the statute. The provisions of law govern
ing such cases will be found as follows: Sec. 75,
!. 95; sec. 64, D. $50, and TO- q. 1,01d. G. s.
1878. These statute provisions a:e simply an af
firmation of the common rule. applicable to COM
mou carriers. As a principal every railway is
common carrier and is, therefore, under obliRa-
tons to- receive and ship all grain offered.
The railway cannot have choice Of
customers. There can be no preferences. In .
business point Of view II is very desirable that ele
vators should be erected for the better accommo-
dation Of the public, and that persons embarking
their money in such enterprises should recetve
some assurance Of protection. But even this con-
sideration of seeming good policy cannot take away
or in any manner impair the legal rights of other
parties. Railroads, like the innkeepers, must take
all that come till the quarters are full GSchouler's
ticaly said to the applicant that unless he builds
an elevator of 10000 bushels capacity he will be
denied the privilege of shipping grain on your
souahle one nor sufficient excuse for refusal to
carry. tSchouler's Bailments, 365; Story on Bail
meuts sec. sos; Redheld on Railways,
see. 1881 Ine rule lana down oy Kent
SC0m. SSsI, whlch Is the general prlnclpal SINCE
followed BY the courts Is as folows: common
carriers undertake generally, ana not as casual
occunation and Tor al people indinerently 20 car
~ gooes anu deliver them AZ place appoin'ed. TOT
HI re, as business, and with or without special
agreement as 10 price. As they
hold themselves to the world as common carriers
and are bound to do what is required of them in
the course OF their employment, IL they have the
requisite convenience to carry and are offered
reasonable customary price. and II they retuss
without some Just ground they are liable to an ac-
ton. You can therefore make no restriction