Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-10-03
BIG FIGHT ON HAND
Pullman Against the State of
Minnesota.
BRRTHs ON sLBBPERs AT ISSUE.

minnesota Wins the second Round of the
Fight and the Third VIII Be Pounded
Out in the United States Supreme
Court R:ng-A Matter of Interest to
Travellers Who Can Wear Diam onds
and Hire u Pullman Shake-Down.
CHICAGO, Oct. 3-The Pullman Palace
Car company will not abide By the ruling
OF the Minnesota supreme court, which
decided that the upper berths of all sleep
ing cars running in that state must re-
main closed when not occupied. The case
IN which this decision was made has been
In the Minnesota courts for nearly three
years. 1t grew out of an order issued to
the st. Louis railroad by the state rail
road commission. The st. Louis road de-
MED the right of the commission to make
such an order, and the matter was taken
to the district court. Judge Young of
Hennep.n county, before whom the case
was tried, decided that the commission
had no authority to issue such an order.
From this decision the commission APP
pealed, and the supreme court held that
the commission had jurisdiction to make
such an order
The Pullman Company VIII Fight
The Pullman company, which is really
the party in conflict with the Minnesota
state commission. still maintains its ORR
ginal position. that the commission had
no right to issue the order. and that it is
claimed the United States supreme conrt
will hold in spite of the decision of the
Minnesota supreme court.
THE decision i imperative" said J. s.
Runnells, the Pullman company's general
counsel. We claim, in the first place,
that railroad commission has no such
autOcratic powers as this commission has
attempted to enforce. They propose to
take from Us our property without due
process of law and give it to some one
else. That is just what their order
amounts 10.
What the Passenger Buys.
I'VE offer to sell lower berth for GER
tain price We give the purchaser just
what he bought when we pull down the
upper berth Ii we are compelled to close
the upper berth, according TO the com
missions order, a person buying lower
berth gets whole section, if it so happens
that tie upper beth be not taken. a per
son who pays for a whole section gets no
more. Thyre has been no claim set up by
lower berth does not get all he is entitled
to when we give him his lower berth and
close the upper. 1t is only claimed, tacitly
at leas;, that inasmuch as the upper berth
may not he in use, the occupant of the
lower berth should nave the use of both
until the upper berth Is taken, As bust
ness proposition, this claim is nonsense
wouId Raise a Mighty Howl
so far as the enforcement of this rule
concerns the travelling public, they would
be the losers. II all the upper berths
were closed and the lower berths occupied
it would be necessary to seriously dis
commode some passengers every ii. 10 ON
upper berth was wanted - 0or,e Ists
passenger. As it ! now the upper berths
are mn l. 90 the sleeper below is not much
disturbed by the late passenger climbing
into the upper berth. But If that upper
berth must he pulled down and made up
for late traveller the occupant below
would be inclined TO howl against the
operation Of the silly order.
The Compsny's Contention.
We shall contend that the commission
has no right to take our property and
give it away. II they fall back on their
state law We shall contend that the state
of Minnesota has no right to to take our
property without due process of law, nor
can the legislature of that state delegate
such an autOcratic power to any body
within The state. Outside of the plain
common sense of the matter the United
States supreme court has decided that the
commission has no right TO determine
finally such questions as these, depriving
the railroad companies of the right to be
heard in q court where il may be deter
mined whether or not the commissions
orders are reasonable and just"