St. Paul daily globe., 1889-01-10

now claim the privilege Of carrying to gen.
eral courts. with liberal provisions Tor ap-
peals from the decisions ami orders or the
commission. relieving all other courts from
this class of business, save the necessary ap-
pealS from the new court to the supreme
court of the state. am aware that this sug-
gestion will encounter well-founded preJu-
dice against creating new offices: but 1t must
be remembered that the railway, with Is
millions of capital invested IN properties e ana
people, and its vast systems articulat-
ing with almost every business
interest of the country, has introduced
into our civilization new field OF Jurispru-
dence, as well as of industry wealth and re-
finement; and that with the vast benefits
wrought out new dangers have been encoun-
tered and new labors necessitated. 1t is be
lieyed that courts of equlty-eyen the 1eo-
eral courts-would not interfere were plain
remedy at law provided. In recent case IN
the United States court for this district, in
volving an order made by the state railroad
commission, the fact that the law under
which the commission acted gave the right OF
appeal as construed by the court was held to
and the complaining party was remanded 10
the remedy which the law provided. Ihe
suggestion of q new court is offered Tor
consideration in the belief that, i'll case the
ruling of the circuit cOnrt, above referred 10,
is firmed by the United States supreme
court, it would afford the plainest and
simplest remedy to consequent evils:
Desiring TO keep this paper within proper
limits, will call your attention TO but one or
two more matters under this head, although
many questions press forward for discussion
In my Judgment the time has come to deter
mine by some constituted state authority the
final location of all railroads hereafter TO be
built in this state, to the end QsU that TWO
or more railroads demanding reasonable
rates'--which a federal circuit judge mas
within the past year interpreted to mean such
rates as will pay the cost of the service, IN
terest on bonds and then some dlVldends =
shall not be constructed through country
where one could as well do all the BUSINESS
thus increasing the rates necessary TO De palu
to meet the requirements OF the rule quoted;
and (2d) that where road is proJecteo
near town or village OF speclhed mum,
ber of inhabitants. it shall not be permitted
to build past and outside of its limits for y tne
sake of building up d rival town. but snail De
required (unless for the best OF reasons) 10
enter ii, for the convenience and beneht OF
its people. Instances are to be found IN sew
eIal parts of the state where prosperous
towns. built up by hardy pioneer settlers
upon sites Offering natural advantages, nave
been ruined by railroad companies IN con-
structing their lines past them and laying out
new towns in close proximity. Deep WRONGS
of this nature have in many instances been
inflicted on worthy and prosperous commu- M
mites in the past. For these there is now no
remedy, but it is your privilege to prevent all
such abuses in the future.
THE FINANCIAL SITUATION.
The financial situation of the state is shown
by the auditor in his annual report Ill per-
spicuous retail. / commend it to your care
full reading at the outset OF your session. You
will be called upon to appropriate an aggre-
gate sum far in excess of the states avail
allie resources and if you have any desire 10
'cut the garment according to the cloth, as
1 doubt not you have, the facts collated with
so much intelligent care by the auditor will
prove not only Interesting but useful to you.
TO avoid prolixity l will omit detailed state
ments and refer only to the aggregate totals
as given by the auditor, His estimate of re-
ceipts and expenditures for the balance OF
the present fiscal year.. e., up TO July 81,
1SS9-and for the fiscal years ending at the
same time in 1890 and 1891, is as follows:
Fiscal Year. Receipts. Disbursements.
1se9.........S1.s5 .s5l $50 70 S2,I75,249 66
1890. .......... l,747,500 90 1,3l3S2o ~ ~
1891 ........ 1,S1S,O00 90 l,614,3oo w