St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-01-17
THE SWITCHING CHARGES.
Judge Young 0verrules the Opinion
Of the Attorney General and
Allows the Appeal
Of the Minneapolis & st. Louis Company
---The Law Laid Down--The Tive
Remedies Open.
Egan viii Leave the Manitoba The
Business Mems Association Makes
Complaint Railroad Notes.

+ WJudge Young filed decision yester-
day Overruling the motion Of the att0r-
ney general to dismiss the appeal of the
Minneapolis 81 st. Louis Railroad COM
pany from the order of the railroad and
warehouse commission, fixing the max
lmum charge for switching cars inside
the limits of the city of Minneapolis at
VI, without regard to distance or the
kind of freight with which the cars
might be loaded. This order was pro-
mulgated last June, and the 18th day of
July was the date fixed when it
was to go into effect The Minneapolis
d st. Louis Railway company owns
nearly all the valuable switching priyi-
leges i'll the city, and as this order
seemed to be aimed directly at them,
they appealed to the district court of
this county from the order. The attor-
ney general moved to dismiss On the
ground that no appeal could be taken
from an order made by the railroad and
warehouse commission, and quoted that
part OF Section of Chapter 10 of the
general laws of 1887, which is as fol-
lows: THAT in case the commission
shall at any time find that any part of
the rates, fares or charges of any COM
mon carrier are in any respect unequal
or unreasonable it shall have the power
and is hereby authorized and directed to
compel said common carrier to change
the same and adopt such rate, fare
or charge as said commission shall de-
clare to be equal and reasonable. To
which end the commission shall in writ
Ing inform such common carrier in what
respect such rates, fares and charges
are unequal and unreasonable, and shall
recommend what tariffs shall be substi-
tuted therefor. In case such common
carrier shall neglect or refuse for ten
days after such notice to substitute and
adopt such rates, fares or charges as
recommended by the commission, or
shall refuse OF neglect to carry out such
recommendations as are made by the
commission, such common carrier shall
be subject to 4 writ of mandamus to be
issued by any judge of the supreme
court, or of any of the dis
trlct courts of the state upon
application of the commission to COM
pei compliance with the requirements of
this section and the recommendation of
with the requirements of said writ OF
mandamus shall be punishable as and
for contempt"
Judge Young in making up bis de-
ciSion refers to that part of section ID
which is as follows: I'm case the attor-
ney general shall not within a period
of ten days after the making of any
order by the commission commence ju-
dicial proceedings for the enforcement
of such order, any railroad company, or
other common carrier affected by such
order, may at any time within the
period of thirty days after the service
of such order, and before the commence
ment of proceedings, appeal there
from to The district court
OF any district through or
into which its route may run, by the
service OF a written notice of such ap-
peal upon some member of the commits
sion or the secretary of said commission.
Upon such appeal, and upon the hear
ing of any application for the enforce
ment of any such order made by the
commission or the attorney general. the
court shall have jurisdiction to examine
the whole matter i'll controversy, includ-
ing matters of fact as well as questions
of law"
The evident purpose of the statute is
to give any common carrier a day in
court. If the attorney general proceeds
within the ten days the whole matter
will be brought into court, and if the
carrier appeals within thirty days, then
the same adjudication may be had
There are two remedies open to the
common carrier, either by refusing to
comply with the order and letting the
attorney general bring the matter into
court, or, in case he OmitS to do so. to
bring the matter into court itself. 1t is
therefore ordered, that the motion to
dismiss the appeal in the case under
consideration he OVerrlled.