The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1886-12-16
State Railroad Commission.
First Biennial Report of the State
Railroad Commissioners.
Changes in the Railroad, Grain
and Warehouse Laws Sug-
gested.

and Warehouse Laws Sug-
gested.
The first biennial report of the board of
railroad and warehouse commissioners to
legislature of the State of Minnesota, as to the
amendments and revision of the railroad and
warehouse laws was issued yesterday. Its
most important features are the following:
We submit to the legislature such amend =
ments and changes in the laws, with the execu
tion of which we have been charged. our ex-
perience and Investigations have led us to be-
liave demand your attention. In making these
suggestions, the commission have carefully
studied the legislation and proposed legislation
Of other states, and OF the United States in ref
erence to the subjects embraced in these sug-
gested bills. For important reasons we have
deemed it essential to more definitely define the
duties and powers of the commission These
duties and powers are now included in the act
of March 5, 1885, eatitled An act for the regu-
lation of railroad companies. The blending of
two or more distinct subjects in the above law is
open to the criticism that 1t is not in accord
with section 27. article 4, of the constitution.
1t has therefore been considered of great i'm
portance that these duties and powers be en-
braced in bin especially designed for that pur-
pose. and strictly In accordance with the rule OF
the constitution, as set forth in the section
above referred TO, which says mo law shall en-
brace more than one subject, which shall
be expressed in the title. These duties
and powers are presented in one pro-
posed act with ind the n,en Title If tSa a
1t is proper also to state that the bill here FORM
ulated contains the essential elements of the
bill introduced into the senate of the United
States by the committee on interstate COM
merce with such changes as were necessary to
proposed regulation OF railroads by state au-
thority. In addition to this. other subjects than
those of the powers and duties of the commits
sion, and unprCvided for in the existing stat
utes, are herewith presented in separate bills. in
order that each may stand upon Its merits. and
not prejudice others which the legislature in its
wisdom, may deem important Attention is in
vitad to 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 one
commissioner shall be appointed each year, so
that the board may retain in its membership
commissioners experienced in the duties and
work of the board. The interstate commerce
BILL the state of New York and other states
recognize the wisdom OF this policy. The act
provides for more definite system of procedure
in cases where complaints are made against
common carriers 1t is believed to be compre-
hensive, simple and easy to be understood. 1t
is also provided that i'll cases where the commits
sion find complaint to be well founded. which
the common carrier will not remedy, suit shall
be brought in the state courts by the at
torney general and carried at the ex-
pense of the state. Ample provisions are 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
rates without due notice. Section IL contains
substantial increase 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 unreason-
able While 1t does not invest the commission
with power to establish such tariffs in the first
instance. it vet places the tariffs under their
supervision, with ample power to amend the
same when found to be necessary, Provision IS
made that corporation shall not, In any way,
limit its common law liability in reference to
property given to its custody as common car
rler. The bill provides sufficient penalties for
the violation of any OF lis provisions, which, in
the old law, were uncertain and inadequate.
This proposed act, as well as the others here
with presented have been submitted to the at
torney general for a critical examination, and
have been by him approved.
ENLARaING THEIR SCOPE
The bill changing the powers of the COM
mission, alter recltng 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,
two and three wears respectively, ana until their
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 ap-
appointed for the term of three years. and until
their successors are appointed and qualified. ex-
cept that any person chosen to I'LL q vacancy
shall be appointed only for the unexpired term
of the commissioner whom he shall succeed.
ernor for inefhciencv, neglect OF duty or mall
feasance in office Vacancies occasioned by re-
moval. resignation or other cause. shall be TILED
by the governor Not more than two OF the
commissioners shall be appointed from the same
political party. No person in the emploF 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
state or owning stocks or bonds or other prop
erty thereof. or who is in any manner interested
therein shall enter upon the duties or
hold such office. The decision of a ma
jority of the commissioners shall be con.
sidered the decision of the commission
on all questions arising for its consideration.
Each commissioner so appointed and qualified
shall enter iatO bonds to the State OF Minnesota,
to be approved by the governor, in the sum Of
$4,000. The bill then provides that failure on
the part OF a common carrier to remedy VIOLA
tions of the law complained Of allows the COM
mission, through the attorney general. to bring
suit and recover damages for the party a--
grieved. and also to have temporary iniunc-
tions issued. The commission is hereby au-
thorized to require annual reports from all oom-
mon carriers, subject to the provisions of this
to require from such carriers spe-
ciic answers to all qustions upon which
the commission may need information.
Every railroad company and every officer of any
railroad company who shall wiilfuily neglect to
make any report required IN this act at the time
herein required or who shall wilfully and un-
lawfully obstruct said commissioners in the
discharge of the duties hereby imposed upon
them, shall forfeit and pay a sum of not less
than one hundred l1OO) dollars nor more than
five thousand $1,000 dollars for each offense to
be recovered in civil fction, and every railroad
company and every officer OF any such railroad
company shall be liable to a like penalty for
every period Of ten (1G days it or he shall will
fully refuse to make such report.
Such commissioners shall, on or before the
first 1stl day of December in each year, and
oftener If required by the governor to do SO.
make q report to the governor OF their do1ngs for
the preceding year, containing such facts. state
ments and explanations as will disclose the act
ual workings OF the system of railroad trans
portation in its bearings upon the business
and prosperity of the people of this
state, and such suggestions in relation
thereto as to them may seem appropriate.
The term railroad, as used in this act, shall
include all bridges and ferries used or operated
Transportation" shall include all instrumental
iffes of shipment or carriage. All charges made
for any service rendered i'll the transportation
of passengers or property as aforesaid or in con-
nectiOn Herewith, or for receiving, delivering,
storage, or handling Of such property shall be
equal, reasonable and just; provided, that no
common carrier shall charge or receive from any
person higher rate per ton per mile for one car
load OF freight than for greater number OF car
loads per car under like conditions and circum-
stances. Unjust discrimination is pro pro-
provisions of this aet shall file with the com,
mission copies Of its tariffs Of rates: fares and
charges RELAXING to all classes of traffc affected
by the provisions of this act, including cIassif=
cations and terminal charges which in amy. wise
change affect or determine any part or the
aggregate of such rates, fares, charges and
olassifcations shall be made public by suoh
common carriers 80 far as 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 classficatlons. or any part OF the
same. in compliance with the provisions of this
section, it shall be unlawful fol. such common
carrier to charge, demand, collect or receive
from any person or persons greater or less
compensation than is set forth and specified In
euch published rates, fares, charges and classi-
! fcations, until the same shall have heeA changed
aa hereinafter provided. No advance in such
published rates. charges and classiflcations shall
be made except after ten days public notice,
! but reductions in the same way may be made
/ without public notice: and the commission shall
prescribe the manner IN which NOTICES, pt
! Aanges advances and reductions Ia such pub
/ lis ed rates, fares, charges and elassthcations
shall be givsn. In cases where passenger and
! freight traffic pass over lines and routes oper-
ated by more than one common carrier, and the
several common carriers operating such lines OF