St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-04-21
The Milwaukee Road Knocked
Out by the Railroad
Commission.
Authority to Fix Rates Is by
Law Vested In That
Body.
Perhaps Other Lines Will Now
Know Enough to Come
to Time.

Paul Railroad company, to compel the
company to reduce its rates On milk be-
tween Faribault, Rochester, Owatonna
and other points on the road and st.
Paul and Minneapolis, was yesterday
decided against the company by a decis-
ion handed down from the supreme
bench by Judge Mitchell. The case
was argued during the October term.
The force of this decision is to estab-
liSh the power and authority of the rail-
road commission to compel railroads to
reduce their rates. This opinion will
probably have its effect upon the con-
troversy between the railroad commits
sion and the Northern Pacific and Man.
itOba roads, in which the commission is
endeavOring to compel the two roads
mentioned to make uniform reduction
OF passenger rates to
THREE CENTS PER MILE.
The commissioners returned yester-
day from their official trip to Owatonna
and Faribault. Ex-Gov. Austin said, in
reply to question, that the decision of
the supreme court was about what the
commissioners anticipated. The sylla-
bus of the opinion granting the writ of
mandamus is as follows:
State of Minnesota, eX rel. the Rail
road and Warehouse Commissioners of
the State OF Minnesota, relatOr, VS.. the
Chicago, Milwaukee d st. Paul Railroad
company, respondent. Syllabus-Under
section s, chapter 10, General Laws of
1887, the determination of the railroad
and warehouse commission as to what
are equal and reasonable fares and rates
for the transportation of persons and
property by railway company is con-
elusive; and in proceeding by mandamus
to compel compliance with the tariff of
rates recommended and published by
them, no issue can be raised OF inquiry
had On that question. The authority
thus given to the commission to deter
mine, in the exercise of their discretion
and judgment, what are equal and rea-
senable rates is not delegation of leg
islative power. Section s referred to
vests the supreme court, cOncurrently
with district court, with original juris-
dietion of all proceedings by mandamus
therein provided for, to compel compli-
ance with the provisions of the act.
Writ granted. Let the writ issue as
prayed for. MITCHELL, j.
According to the full text of the Opin-
ion the questions presented are, first,
the construction. and second, the con-
Stitutionality of the act of 1887 and
known as chapter 10, particularly the
subdivisions (e), (D and Ig) of section 8.
Subdivision (e) of the section and
chapter above referred to provides that
in case common carrier makes rates
that are unequal or unreasonable the
railway commission may compel such
carrier to change them and adopt such
rate as the commission may deem rea-
sonable. Subdivision f) provides that
in case the railroad neglectS to make
such change within ten days, the COM
mission shall issue and post in the rail-
way stations the schedule of rates de-
termined upon by the commission and
thereafter it shall be unlawful for the
railway to charge other rates. Subdi-
vision (g) provides for the writ of man
damuS to compel the compliance with
the law, and the issuance of an injune-
ton against the common carrier from
running or transporting property or
passengers within the state until such
carrier shall have complied with the re-
quirementS of the law.
AS to the jurisdiction of the supreme
court in this case, the opinion admits
that the language of the act is vague
and its meaning obscure. elf the Ian
guage was to be construed with techni-
cal strictness it might be difficult to give
it any effect whatever" but after cit
ing number of propositions which,
upon the supposition that the legiSla-
ture intended to act constitutionally, ARE
not consistent with the general tenor of
the law, the court concludes that the only
Interpretation that;can be made that will
make the law effective is that judge of
the supreme court OF of the district
Vt icclIn q writ tllr INla int
his own court, to bring the matter be-
fore it for hearing and determination;
this gives these courts concurrent origi-
nal Jurisdiction of all proceedings in
mandamuS provided for. Respondents
whole defense rests in questions of law.
There was no fact for it to traverse
except its violation of the law. If the
statute is valid it was bound to obey it,
and if it is not obeying it there is no is
sue of fact to try" The only other
question as to the construction of the
act is the matter of fixing the rate. The
court believes that the intention of the
law is that the rates fixed by the com
mission should
BE NOT MERELY ADVISORY
nor merely prima facie equal and rea-
Sonable, but final and conclusive as to
what are lawful or equal and reasonable
charges; the law neither cOntemplates
nor allows any issue to be made or in
quiry had as to their equality and rea-
sOnablenesS in fact; the rates published
by the commission are the only ones
that are lawful, and therefore, in con-
temptation of law, the only ones that
are equal and reasonable. The law un-
der consideration is modelled after the
Interstate commerce act Tin which the
interstate commission is not given atI-
thority to fix rateS-its action being
merely advisory, except subdivisions (e)
tirely new. The incorporation of this
new matter was evidently for the pur-
pose of giving the commission full
power to determine, in each case, what
are reasonable rates, and to make their
determination conclusive.
The question of the validity of the act
is dwelt upon at length in the opinion,
the court reviewing the history of the
litis alton On this subject. The decisions
in the granger cases. over eleven years
ago resulted in complete victory for the
right of legislative control. sit was
there held that New York companies
being incorporated as common carriers
for hire and given extraordinary powers
and special rights and privileges in
order that they might better serve the
public employment effecting the public
interest and therefore, unless protected
by their charters, were subject to legis-
latiye control as to their rates of fare
and freight that for protection against
wrong under theform of legislative reg
ulateon, they must rely entirely upon
the good faith of the people and the wis
dom and impartiality of the legislature.
This is in accordance with public policy
and public necessity. for no modern
civilized community could long endure
that their public highway system should
be in the uncontrolled, exclusive nse
of private owners. Tie only alternative
was either governmental regulation or
governmental ownership" 1t is in
sisted that this is judicial question;
that if absolute power be given the COM
mittee it might result in the practical
eonfiseati0n of the railway eompaDy's