The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1888-04-27
THE COMMISSION HAS POWER.

The railroads have had another and
final round with the State of Minnesota,
and the result ought to satisfy the for
mer that there is nothing to be gained
by their policy of opposing the enforce
ment of laws duly and properly enacted.
The supreme court of the state has
stepped In and made decision which
says what the power of the railway COM
missioners is under the act of the last
legislature, and emphasizes the fact that
the commissioners are by that act able
to issue orders, and the supreme court
is bound to see them carried out. The
railroad commission applied to the su-
preme court for a writ of mandamus
against the Milwaukee Railway Com
pany to compel it to reduce rates on
milk to what the commission believed
just and reasonable. The principle in
volved is one on which hinged most of
the good which the state railroad law
contains, and it is fortunate for the pub
lie that the decision of the court is clear,
decisive and comprehensive. The rail-
way companies have refused to accept
the authority of the commissioners and
ignored their orders, claiming that the
power to regulate rates is legislative,
and therefore the act is void because it
delegates legislative power to commits
sion. The court holds that the power
that makes the laws has large discretion
in determining how they shall be en-
forced, and the fact that the legislature
has the power to regulate rates having
been heretofore affirmed, it matters lit
tie whether it fixes the rates direct or
indirectly through commission. The
question of the validity of the act being
determined, the court says "that the in
tention of the law is that the rates fixed
by the commission should be not merely
advisory nor merely prima facie equal
and reasonable, but final and conclusive
as to what are lawful or equal and rea-
sonable charges; the law neither con-
templates nor allows any issue to be
made or inquiry had as to their equality
and reasonableness in fact; the rates
published by the commission are the
only ones that are lawful, and therefore,
in contemplation of law, the only ones
that are equal and reasonable" In this
respect the Minnesota law differs from
the interstate act, which is not given
authority to fix rates, its action being
merely advisory. While modelled after
the Cullom act, the Minnesota law has
several added sections (e, and g which
were clearly incorporated for the pur-
pose of giving the commission full pow
er to determine, in each case, what are
reasonable rates, and to make their de-
termination conclusive.
The case under which the decision
was made was trivial one, but the out
come shows that Attorney j. M. Bur-
lingsme, of this city, who made the ar
guments, presented his case in an able
manner. The decision is the most i'm
portant that has been handed down for
months, and by it the power of the rail-
way commission is so clearly defined
that there is likely to be an end to the
jeering and impudent unconcern with
which the orders of the commission
have been received. 1t also opens the
way for a consideration and favorable
action upon the complaints of the State
Business Mems Association, and is like
ly to result in bringing about the era of
fair and equitable rates which the public
has so long been waiting for.