Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-07-25
making his intentions known concerning
the appointment. The salary attached
is $4,000 per year. ~ ~ g.
TERMINAL RATES,

TERMINAL RATES.
The encouragement has rendered an
important opinion on the question of
terminal rates." submitted to him by
the board of railroad commissioners, at
the ~instigation of such cities as Grand
Forks and Fargo. 1t is a we'll known
fact that cities cannot become wholesale
or iobbing points with low freight rates;
that is low rates to terminal points--en-
abling the jobber to buy in large lots
and sell in small lots to the surrounding
district. Without terminal rates no
great commercial cities can be built up
and until terminal rates are given to
North Dakota cities North Dakota must
pay tribute to st. Paul and Minneapolis.
By the establishment of terminal rates to
North Dakota points a few large COM
mercial centers might be built up and
millions of dollars added to the wealth
of the state without any additional cost
whatever to the Every great
state boasts of a m%etropolis-of a few
good cities-and they only exist where
favored with low rates of freight.
It is understood that the rail-
road companies are willing to make
terminal rates to two or three cities in
North Dakota, but the question of their
right under the act passed by the last
! Legislature was raised and the matter
submitted to Attorney General Goodwin
for al official opinion. His opinion is
adverse to their right and it's Importance
justlfies it's publication at length. Such
a law ought to be amended at the earli-
est opportunity for it retards the growth
of the state and deprives the people of
the advantages of commercial centers-
the retention and accumulation of wealth
within own borders that in turn may
be used again by the people at lower rate
of interest than now prevails.
The opinion of the attorney general is
as follows:
OFFICE Of III ATTORNEY GENERAL,
BISMARCK, N. D., June 3, 1890.
To thu Honorable Board of Commissioners of
Railroads in the State OF North Dakota, Har-
vey Harris, Secretary, Bismarck, N. D.:
GENTLEMEN: May 10Th, 1890, your hon
orable board requested my opinion upon
the following question, "Whether this
board on the railroad companies can es-
tabliSh terminal rates for one or more
cities or localities in the state OF North
Dakota. without giving to all other cities
or localities in the state the same proper
tionate rates ?" In order to a correct UNI
derstanding of this question it is necessary
to call your attention to certain provisions
of an act passed by the late Legislative as
sembly, entitled AN act to regulate COM
mon carriers and defining the duties OF
railroad commissioner in relation thereto
in the state of North Dakota" approved
March 10, 1890. Sections 2 and 6 Of said
act reads as follows: ESAa
SEC. 2. That all charges made by any
common carrier, subject to the provisions
OF this act, for any service rendered or to
be rendered in the transportation of pas
sengers or property as aforesaid, or in con-
nection Herewith, or for the receiving, de-
livering, storage or handling of such prop
erty Shall be equal and reasonable; and
every unequal and unreasonable charge
for such service is prohibited and declared
to be unlawful; provided, that one carload
of freight of any kind or class shall be
transported at as low a rate per tOn, and
per ton per mile, as any greater number
Of carloads OF the same kind and class
from and to the same points of o%rigination
or destination. 1t shall be un-
lawful for any common carrier,
subject to the provisions of this
act, to make or give any unequal or
unreasonable preference or advantage to
any particular person, company, firm, cor
poratiOn or locality or any particular de-
ScriptiOn of traffic, in any respect whatsO-
ever, or to subject any particular person,
company, firm, corporation or locality, or
any particular description of traffic to any
unequal or unreasonable prejudice or dis
advantage in any respect whatsoever"
SEC. 3. That it shall be unlawful for
any common carrier subject to the provi-
slOns of this act, to charge or receive any
greater compensation for the t~ransporta-
ton OF passengers or of like kind, or class
and quantity OF property for a shorter than
for a longer distance over the same line,
the shorter being included within the
longer distance; but this shall not be con-
strued as authorizing any common carrier
subject to the provisions of this act to
charge or receive as great compensation
for a shorter as for a longer distance; pro.
the commissioners Of railroads, such com-
mon carrier may, in special cases, after in
veStlgatiOn by the said commissioners, be
authorized to charge less for longer than
for shorter distances for the transportation
OF passengers or property; and the COM
ulIoSlOLclo Inlay lIOul llluo W GlIuS pre-
scribe the extent to which such designated
common carrier may be relieved from the
operation of this section Of this act"
This law is substantially a copy Of the
interstate commerce law as passed by con-
gress, with some important changes TO be
noted. Section 6 of our law is substantial
ly the same as section 4 of the interstate
commerce act and is identical with the
same section in the Minnesota law. AL
though in the Minnesota and Dakota law
the words ''In the aggregate" n the
words ''under substantially similar cir
cumstances and conditions" and the words
I'm the same direction which are in the
act of congress seem to have been pur-
pOsely omitted from the law in Minnesota
and Dakota. Reading section 6 in connec-
ton with: the proviso contained in subdi-
vision A of section 2 and the provisions
contained in subdivision B of section 2,
and it.seems too clear for controversy that
the legislature, whether wisely or unwlsely
remains to be seen, intended to take away
the power Of common carriers or OF the
commissioner of railroads to make any
discrimination in favor OF individuals or
localities or account Of peculiar kinds of
business, the amount or bulk of business
to be transacted, or for the purpose of
building up trade centers or what may be
termed terminal points, subject to the pro
viSO cOOtained in the latter part of section