St. Paul daily globe., 1888-05-05
FULL POWER TO FIX FARES.
Judge Simons Says It Is Within the Prov
ince Of the Railroad Commission.
THIS STICKS THE MANITOBA.
An Ex-Prison Birds Wife Wants a
Observation-Disclosures Legal
Matters.

Paul, Minneapolis d Manitoba Railway
company from the order made by the
railroad and warehouse commission of
Minnesota requiring the railroad COM
pany to change its rate of fare for the
transportation of passengers, Judge
Simons has granted the motion of the
attorney general to dismiss the appeal.
Acting under the authority vested in
it by an act of the legislature, the rail-
road and warehouse commission direct
ed the Manitoba Railway company to al
ter and change its schedule of fares
by adopting and substituting rate not
exceeding. 3 cents per mile for all pas
SengerS, tickets to be purchased before
entering the cars. The railroad com
pany appealed to the district court upon
the following grounds:
First-The order was made without
jurisdiction in the board of railroad and
warehouse commissioners to make the
same.
Second-The rates of fare charged by
the company for the transportation and
for the services referred to in the order,
according to the regular tariff of the
company, were reasonable and just,
Third-The rates sought to be fixed
and established by the order were un-
reasonable and uni Just, because they
would not afford to the company rea-
SOnable compensation for such trans
pOrtation and service.
When the case was called for trial,
the attorney general moved to dismiss
the appeal on the ground that no appeal
lies from the board OF commissioners.
In granting the motion Judge Simons
says:
Section of the act referred to pro-
yideS that the commission has authority
to compel any common carrier to adopt
such rate, fare, charge OF classification
as the commission shall declare to be
equal and reasonable. In case said COM
mOl carrier fails to establish such sched-
ule of rates, fares, etc, the commission
has the right under the act to have pub
liShed and to post at all stations of said
carrier the schedule. and also said car
rier shall be subject to writ of manda-
mus from the supreme or district courts.
The supreme court, in the case of The
State of Minnesota eX rel. the Railroad
and Warehouse Commission, relatOr, VS..
The Chicago, Milwaukee & st. Paul
Railway Company, respondent, says:
sit is significant in this connection that
while the other portions of the act are
mainly copied from the interstate COM
merce act, in which the interstate COM
merce commission is not given any au-
thOrity to fix rates GtS acts being merely
advisory. and the provisions of the act
beng only enforceable by judicial pro-
ceedlngS, in which the reports and find
ingS of the commission i'll certain cases
are made merely prima facie evidence
of the facts therein Stated), SubdiviS
ions E. and f. of section and so much
of subdivision q. of the same section of
an act as relates to compelling cOmpli
ance with the schedules of rates recon-
mended by the commission, are en-
tirely new. not being found in the act
Of congress.
The purpose of this new matter
clearly was to clOthe the commission
with full power to determine in each
particular case what were equal
aid reasonable rates and to
make their determination final.
If the action of the commission upon
this matter is not conclusive it amounts
to nothing, for nowhere in the act is
there anything making prima facie
evidence of what is equal and reaSOna-
BILE should judicial investigation of
that question be permitted.
Under the provisions of the act the
rates thus published are the only ones
that are lawful, and therefore in con-
temptation of law are the only ones that
are equal and reasonable, and hence in
proceedings like this there is no fact to
traverse except the violation of the law
in refusing compliance with the recon-
mendation of the commission. The
language of the act is so plain that az
gument can add nothing to it.
By this decision OF the supreme court
it is clearly established that such order
is final and conclusive as to all questions
relating to the equality and reasonable
ness of the rates SO fixed.
There is no provision authorizing the
court upon the trial of such actions to
rateSfo the transportation of persons
or property established by the com
mission are equal and reasonable. The
act also provides that, upon hearing
such appeal, the court has the same
jurisdiction to examine the whole mat
ter in controversy, including matter of
fact as we'll as questions of law, and to
affim, modify or rescind the order ap-
pealed from, in whole or in
part, as justice may require,
that it has upon the bearing of
any application for the enforcement of
any order made by the commission.
But the supreme court, in the case
above cited, distinctly holds that the
determination by the commission as to
what are equal and reasonable fares and
rates for the transportation of persons
and property by railroad company is
conclusive, and that in proceedings by
mandamuS to compel compliance with
published by them, no issue can be
raised or inquiry held on that quetion.
1t must be admitted that the meaning
of the section relating to appeals is not
entirely clear. but it seems to me that
the decision above cited is decisive of
the question now before the court, and
that the provisions of subdivision d of
said section 15 regulating appeals are
imperative as to orders made by the
commission of the nature of the one
under consideration. Motion to dismiss
appeal should be granted.
WANTS TO BE FREE.
Hannah Jane Waldren has brought
suit for divorce against James Henry
Waldren. Mrs. Waldren is twenty-eight
Years old and her husband thirty three.
She alleges in her bill of complaint that
they were married October. 1882, at
Anderson, Ind; that Waldren in 1883
served sentence in the Indiana peni-
tentiary, and, after his discharge, began
to take morphia, to which habit he be-
came hopelessly addicted; in 1885, in
Minneapolis, Waldren beat her and
Threatened to cut her throat with a
razor, and that he afterwards deserted
her, leaving her in want.
BRIEFS.
In the matter of the assessment for
grading Dearborn street, from Bidwell
to State street, Judge Brill has sus-
tanned the objections made by Maria A.
Hornsby to the entry of judgment
against lot 6, block 93; lot 1, block 100,
and lot 10, block ITO, of West st. Paul
proper, on the ground that the lots east
of Robert street are not benefited as
much by the grading as those west OF
Robert street.
In the case of Margaret Flaherty as
L :-L..