St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-19
A Point IN the New Railroad Law Which.
1t is Said. Cannot BePut in
Force.
The Milwaukee Stands Out on the Oues-
tiOn of Making a Free Open
Market.
Referred by the Commission to the
Attorney General, Who VIII
soon Decide.
Rumors That an Extra Session VIII
Be Asked II He Goes Against
the Law.
The milwaukee, stands our.


the new railroad law that is bothering F1s-
commissioners TO a considerable extent and
points are raised that seem To be somewhat
difficult in their solution. Some who have
known of the existing differences have gone
so far as 10 say that the principal worth OF
the law Is impaired and that SO long as it
reads as at present il Is practically useless.
They also affirm that there is possible
chance of an extra session 10 change the
law. The portion of the law that is
MAKING TIRE TROUBLE
is the section that more than all others was
designed 10 remedy the condition OF the
farmers, namely, the one designed 10 give
an open market The section is the one
reading 10 the effect that all railroad cor
porations shall allow any person or corpora
ton to erect and maintain. at any of its
stations, public warehouses at an annual
rental of 81. and shall make necessary
side-track connections with these elevators.
| 10 is understood that there was some obiec-
/ ton on the part of the Northern Pacific and
| Manitoba roads To cOmply ing with this part
| OF the law, but under little pToddiug from
the railway commissioners they came down
gracefully and have allowed such elevators
/ to be built where desired. Where some ap-
| plicatiOns We're
MADE FOR THIS PRIVILEGE
/ along the Milwaukee road the company re-
| Auotur uoluiE Nldl the law uiQ not TtQulfH
/ them To allow the building OF elevators on
/ their right of way. but simply at the station.
on land purchased or leased for the pur-
pose. The company was interviewed by
/ the commissioners, but arguments wera
/ useless, IL being held that as the law was
penal one, with a penalty for violation up
| among the thousands. Il must be construed
| strictly according To the letter, and that no
wording was included that compelled any
company To allow outside parties TO erect
warehouses of any kind upon their right of
way. They agreed To furnish side-tracks TO
ALL ELEVATORS
erected on other property as the law re-
/ quired, but in sOme places where for In
stance their right Of way through a town OF
city extended TO the line OF street. this pTac>
ticallY shut out all elevators. This started
| the trouble. and the commissioners were
about To bring suit 10 enforce the law. It
was decided 10 refer the matter TO the at
torney general for an opinion on the exact
requirements of the law as it stands In ths
statute book, and the matter has been undel
consideration by Gen. Hahn for some time.
No decision has yet been made public. but
it was said yesterday by gentleman who Il
pretty we'll informed on railroad matters Rf
well as law, and who was asked Tor
AN OPINION,
that the chances were that the decision
must be- against the commissioners and cont
sequently against the usefulness of the sees
ton in creating an open market. Ii wai
also said that some Of the Manitoba and
Northern Pacific officials. after careful
study and consultation, knowing that tn(
point had been raised by the Milwaukee,
had been mildly kicking themselves that
they were not as close students rs the
officials of the Milwaukee road. A cons
ference will be held, to-day probably, bes
tween the attorney general and the railroad
commissioners, when the situation will be
ascertained and If, as is rumored, the at
torney general decides that the Milwaukee
HAS THE RIGHT
of il the commissioners will decide what is
best to be done about it. Commissioned
Murdock said Yesterday to GLOBE re-
porter, in speaking of the matter, that it
was too early 10 say what would be done.
He spoke somewhat guardedly, and said
there were things that he was not at liberty
to make public. He seemed somewhat sur
prised that 50 much of the condition of af-
fairs was known, and pointed out how the
action of the Milwaukee would practically
nnllify the law il Ii were sustaine d. Said
he: The Milwaukee has been the only
road that has raised this point, the others
readily
ALLOWING SUCH ELEVATORS
as were desired 10 be built upon their prop
erty at the stations. We referred the mat
ter to the attorney general for an opinion
before we took any step in the matter for
il is of vital importance. Ii the railroad
companies are not required To give ON their
right of way the privileges of building ele-
vatOrs. then the intention Of the legislature
i'm passing a law intended to create an open
market is not carried out. There are cases,
and considerable number of them, where
the Milwaukee road has right of way TO the
line Of streets. or of rows of buildings. in
the vicinity of its stations. Either ele-
, vatOrs must be built on right of way or at
GREAT DISADVANTAGE.
IL indeed il is feasible to build them at all,
4 and further. that land must be bought for
a site prevents the possibility of free
and open market as contemplated by the
law. for it practically requires a bonus OF
the price of the land or the rental of it, for
4 the privilege of conducting the business. L
: am not yet ready 10 say that the spirit OF
5 the law could not be enforced by process
1 at law.
1 ''If il is decided that the law, as it stands,
e is invalid, what will the commission do?"
b. ! was asked.
Il am not at liberty to say" replied Mr..
/, | MurdOck. ''until we have had conference
with each other and with
THE ATTORNEY GENERAL.
. but II you VIII not publish II, L VIII
. tell YOU something" The commissioner
was asked not To give up anything that he
e did not want 10 see in print, and he said:
: Then will not tell you all about it"
d ''Will the commission think il of suffi.
= cient Importance 10 ask the governor for an
n extra session, along with other things that
n it is generally acknowledged should be
d changed?" asked the reporter.
Il must simply say that cannot tell what
we shall do until after we have more light
and have consulted together" was the reply.
y Gov. Hubbard was also seen and asked II
= there had been any developments that
= would lead him TO change his mind on the
EXTRA SESSION QUESTION.
He replied that there had been nothing
: and he had no more thought of calling one
/. than when he issued the proclamation refus-
:, ing one. He said ne had not considered thai
I the defects in the grain and warehouse oil
4 railroad laws would be thought sufficient
y by the commission 10 lead it to ask for one.
IF they should ask for one the request
a would be given due considerations" was
q asked.
Certainly" +" ne replied. sit would be
considered, though you may say that ioI
anything that now see there is nothing To
~ call for an extra session."
There was a difference of opinion ex-
pressed by two or three persons inter-
q viewed as to whether or not the law was
L valid. One attorney said he thought II
IS doubtful if land could be taken from the
a right Of way Of a railroad company without
d condemnation proceedings, law or no law.
n and in the present case he did not think
l. that the law expressly required companies