The great West. [volume] (St. Paul, Minn.) 1889-18??, 1890-02-14


" assist and aid every combination
which seeks to prey upon it's produ-
GERS.
This Board was especially created
by the law making power of the
state to guard this industry from
corporate powers and discrimina-
ton Ofal kinds: and this case clearly |
falls within the powers of the Board,
and the relief preyed for in the COM
plant, should be granted.
DISSENTING REPORT.
By CARRIER, Secretary:
The question presented is: can the
Board compel railroad companies to
supply grounds to persons or cor
pOratiOns upon the declaration of
such person or corporation of an in
tention to erect a building, common
~ termed an elevator, for the hand
ling OF grain preparatory to it's ship
ment; such elevator to be for the
private use of the person or corpora
ton owning the same, and not sub
ject to regulation to public needs.
Mote by the GREAT WEsT:-Such
is not the issue. 1t should make the
issue by adding as follows: Having
accorded such rights and privileges
to other parties and not affording
said privileges itself."]
In my Judgment a determination
of the question involves: 1st.-A
consideration OF the purposes for
which railroad corporations may &C
quire and hold real-estate. 2d-The
relation in which elevators stand to
the public when operated as the Elm
wood elevators are now operated,
viz: for storing and handling only
the private property of the owners
or cOrpOrators.
Our laws authorize railroad cor
porations to appropriate and hold
so much real estate as may be neces-
sary for the location, construction
and convenient use of it's road, in
Guiding all necessary grounds for
stations, buildings, workshops, de-
pots, machine-shops, switches, side
tracks, turntables and water STA
tions. Under the head of buildings,
for convenient use of it's road by the
public, stands of course, all equip
ment necessary to the receipt and de-
livery of freights; and, such equip
ment must be for the use of oil per-
sons, companies or firms without
prejudice or disadvantage in any re-
spect whatsoever.
Warehouse room is indispensable
for the proper handling of perish
able freight. Stock yards and chutes
are, likewise, indispensable in the re-
ceipt and delivery of livestock.
The general rule is that railroad
companies construct, own, and oper-
ate these necessary parts OF equip
ment. No separate or distinct charge
is made for their use, but the expense
of their maintenance and renewal, to.
gether with a reasonable return upon
capital invested, is a component part
of the tariff rate of transportation
No reasons are apparent why this
part of the service of transportation
should not be conducted by persons
or corporations separately from the
conduct of the carriage; nor would
it be an act OF preference or advan
tage for railroad companies to allo1
to "a particular person, firm or cor
poration, the rights for the conduct
of this branch of the service upor
terms denied to others A person 81
corporation thus charged with {
duty to the public would OF course
} be restricted to the simple discharg'
of it's duties as a factor i'm the per
Torrance of transportation. A per
son or corporation might be charged
by a railroad company with the con
struction and conduct of the neces
sary stock-yards and chute attach
, ments. Such persons or corpora
tions might derive pay for the use o
the yards, by an apportionment O
the tariff rate charged to cover in
} itials and terminal services and tn
? service of haul; or a direct charg
against the shipper might be made
Mote by GREAT WEST This is 1
remarkable assumption of wha
, might be-but not only has the &C
, ton not been brought under sucl
! conditions but under no parallel con
dition. Two elevators were alread,
on the ground
Suppose the person or corporation
, charged with the conduct of tn
, yards should deny their use to deal
ers and farmers alike, at a reason
: able charge. and instead offer BIZ
to buy the stock outright. Let tn
: price be high or low, it has no bear
: ing upon the subject. The farme
: with his half dozen steers and small
: bunch of hogs has as much right I'm
, der the law to the service of the rail
/ road company in reaching whateve
, market he may chose, rs the heavies
, dealer who buys from many pro
, ducers and shiDs to make a profit