The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-12-16
State Railroad Commission.
First Biennial Report Of the State
Railroad Commissioners.

Railroad Commissioners.
Changes in the Railroad, Grain
and Warehouse Laws Sug-
gested.
Tho hrst biennial report of the board Of
tailroads and warehouse commissioners to
legislature of the State of Minnesota, as to the
amendments and revision of the railroad aud
warehouse laws was issued yesterday. Its
most important features arc the following:
We submit to the legislature such amend
ments and changes In the laws, with tho execu.
ton OF which We have been CHARGED, ~ our e.
lave demand your attention: In making these
suRsestlone, the 1oIAniission have carc::,,,,v
studied me Regulation and proposed Iegisietion
sssst s;sss' ct t Ss%
To Ssssel2 as %s h sSs
d d1tie and powets of the commission. These
unies ana powers are now included In the act
Or March 5. 1855 entitled An sot for the rssu.
!atlon OF railroad companies" The blending Of
Two or r. more distinct subjects Ia the above law is
with section 81, article 4, OF the coostitWi Ion
It has therefore been considered 81 areat i'm.
Rorta9ce that thess duties and powers DO en-
ana III e ssx sss III a n j.
the constitution, Is set forth in tho sectio y;
snovs rstersed which says law shall iif s%'
n:P s sss ; s rS %ssh os sh
and powers arc presented In one pro1
posed POSED act. With the title O. Indicating t
tne s purpose and intent Of, the law
sssa Of the
bill Introduced Into the senate Of the United
States by tho committee on Interstate COM
merce with such changes as were necessary to a
proposed REGULATION Of. railroa IS by state au-
thoslty. In addition to this. other subjects than
those OF the powers and duties Of the commits
sion, and unprovided for In tho existing stat
ntss; arc herewith presented in separate bills. In
order that each may stand Upon it's erits. and
not prejudice others which the legislature. in it's
wisdom. may Deem Important. Attention is in
v1tcd to a proposed change in the tenure Of
Office. Under the present law all tie commits
sioners go out Of office at the same time. II is
proposed to so change the term OF office that ono
commissioner shall be appointed each year. SO
that the board may retsin In its membership
commissioners experienced in tho duties and
work Of the board: The Interstate commerce
tecqgDiza the wisdom OF this policy. The act
provides for i more definite system Of procedure
IN cases where complaints are made against
common carriers It ia believed to be compre-
hensive simple and easy to be understood. It
ia also crowded that In cases where the commits
sion find complaint to be we'll founded. which
the common carrier will not remedy, suit shall
be brought in tho state courts by the at
torney general and carried on at the ex-
pense Of the state. Ample provisions arc made
for complete reports from railroad companies
In reference to tariffs Of rates. fares and charges
provision Is made for complete publicity and
that there shall be no advance in such published
ra: es without due notice. Section II contains a
substantial inc ease OF power to the commission
with reference to the control Of rates, fares and
charges which are found upon examination to
be IN any respect UNEQUAL, unjust or unreasoa:
a HnoA 1yun tnn
with power to establish such tariffs In the first
Instance. it vet places the tariffs under their
supervision, with ample power to amsnd tho
same when found to b. necessary Provision ia
made that a corporation shall not, in any way,
limit its common law liability III reference to
property given to its custody as q common car
the violation OF any Of is provisions, which, in
the Old law, were uncertain and Inadequate
This proposed act, as welt rs the others here
with presented, have been submitted to the at
tcrney general for q critical examination, and
have been by him approved.
ENLARa1Na THEIR SCOPE
The bill changing the powers Of the COM
mission. after reoitlng portion Of the old
bill In regard to the creation of the commits.
sion, provides:
The commissioners first appointed under this
act shall continue in office for the term Of one
successors are appointed and qualified, begin
ming with the first Monday Of January. A. D.
1889, the term Of each to be designated by the
governor: but their SUCCESSORS shall be an.
appointed for the term of three years, and until
their successors are appointed and qualified. ex-
ccpt that any person chosen to fill a vacancy
shall be appointed Gully for the unexpired term
OF the commissioner whom he shall succeed.
Any commissioner may be removed by the gov
ernor for 1nefhciencv. neglect OF duty or NAL
feasance In Office. Vacancies occasioned by re-
mova, NftQnatlOn, or other cause, shall be filled
by the governor Not more than two Of the
commissioners shall be appointed from the same
political party. No psreon In the emplos OF. or
holding any official relation to. any common
carrier, or grain or warehousenan. subject to
the provisions Of this act, or any law of this
or is o, or
therein, shall enter upon the duties OF
hold such Office The decision Of q ma
3G5ty Of the eonmissio9ers shall be
on all questions arising for its consideration.
Each commissioner so appointed and qualified
shall enter tato bonds to the State OF Minnesota,
$4,000. The bill then provides that failure on
the part OF a common carrier to remedy viola
ttons Of the law complained Of allows the COM
mission, through the attorney general, to bring
suit and recover damages for the party as :
Rreved, and slso to have temporary injuno-
tions issued: The commission is hereby au-
mon carriers. subject to the provisions Of this
act, to fix the time and prescribe the manner in
which such reports shall he made. and
to require from such carriers spe-
the commission may need information.
Every railroad company and every officer Of any
railroad company who shall wllfuly neglect to
make any ror mort required in this act at the time
herein required, or who shall wilifully and ra-
lawfully ohsJruct said commissioners in the
DISCHARGE OF the duties hereby i1aposed upon
thoul. SHALL forfeit and pay sum OF not less
than enc hundred (lOO) dollars nor more than
five thousand 5000 dollars for each offeuse to
be recovered in civil! sction, and every railroad
company and every officer OF any such railroad
company shall be liable to like penalty for
every period of ten lO> days it or he shall will
fully refuse to make such report.
Such commissioners shall, on or before the
first lst) day Of December in each year, and
oftenor If required by the governor to DO 40.
make report to the governor OF their doings for
mcnts and explanations rs viii disclose the act
uai workings Of the system Of railroad trans
portntion in its bearings upon this business
s sta1e Prosperity nG syc OF the reop9 Of III,
thereto to them may seem appropriate.
The tnrm railroad" as used in this act, shall
include all bridges and ferries used Or operated
in connec' ion with any railroad, and the term
Transportation" shall include Ill instrumental
ifies OF shipment or carriage. AL charges made
ofpsssen9crs property as aforesaid or in con-
neot10n herewith. or Cor receiving, delivering,
storage, OF handling Of such pronerty shall be
eauai, reaaosable and just; provided. that no
common carrier shall charge receive from any
pskaon higher rate per ton per mile for ono car
Lead o. freight than for greater number Of car
1cdAS per car undor like conditions aud circu m
ssancea Unjust discrimination is pro-
htbitcd and declared to be unlawful
ANY common carrier, subject to tie
provisions Of :his act, shall file with the COM
U1ssion copies OF its tariffs Of rates. fares and
charcas RELAXING to all classes Of traffic affected
b thu provisions Of this act, including classii-
cations and terminal charges which In any wise
oha:s=c. affect or determine any part Of the
aggregate OF such rates. fares. charges aud
caass,'stations shall be made public by such
enrnncn curriers' SO far may, in the
Judgment OF the commission, be deemed practi-
cable: and when any common carrier shall have
established and published its rates. fares.
charges and ci&ssifcations or any part Of the
same, In compliance with the provisions OF this
section, it shall bs unlawful for such common
carrier 70 chargs, demand. collect or receive
from any person or persons greater less
compensation than is set forth and specified iu
Fuch puol1shed rates. fares, charges and classf-
HcAs1enS. until tho same shall have been changed
- hereinafter provided. No advance in such
pu6Hshod EatoA charges and clsssifications shall
DO Enadc except after ten days public notice,
but re+l:sI:ona IN the same way may be made
without publ: notice: and tho commission shall
preeucoe tue manner in which notices Of
hsa.gcA, advances and reductions in such pub
lis ed rates, fares. charges and classihcations
aha!l b given. In cases where passenger and
he1.a: traffic pass over lines and routes Oper-
ated By more than one common carrier. and the