St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-02-07

signed by Commissioners Gibbs and
Williams inclines to the side of the
Manitoba, and holds the railway company
i'll this case should not be compelled to
operate its line between GAINESVILLE and
Breckenridge, basing this result Oh the
the claim that the people along the dis
carded line have adequate railroad
facilities within easy reach on either
side of GAINESVILLE = Breckenridge
branch.
Gen. Becker files the minority opin-
ion, and holds that by ceasIng to oper-
ate this branch the company is at
tempting to
EvADE IT'S CHARTER,
and to do this has taken the law into
its own hands. 1t should have appealed
to the legislature for authority
to do what it has done with
out authority. Gen. Becker re-
views the history of the branch
road in question. and finds this road is
part of the Minnesota & Pacific, which
was chartered by the territory of Min
nesOta in 1857, and later, by an act of
the legislature, made part of the Man.
itoba system. This branch road was
constructed by the Red River & Mani
der the laws of Minnesota. This COM
pany commenced operating the line
from Breckenridge to point of inter-
section with the st. Vincent extension
line. twelve miles south of Glyndon, in
October, 1877, and in 1879 this
line was transferred to the Mani
toba, and thereafter and until
November. 1888. was operated by the
Manitoba. The line in question is about
thirty miles long and cost s230,000. The
road had no land grant In 1879 it was
sold to the Manitoba, the latter paying
for it with an issue of S250,O0O of the
apols & Manitoba Railway company.
This sale was confirmed by the legisla-
ture of 1881. IA proviso." says Gen.
Backer's opinion, lis attached to section
of this act, to the effect that the pow
ers. immunities and privileges of the
parts of lines which were organized and
constructed under the provisions of the
general laws of this state shall not be
hereby enlarged or increased"
I'm September, 1881, the st. Paul,
Minneapolis q Manitoba Railway COM
pany filed with the secretary of State,"
the opinion continues, sits acceptance
of this act of the legislature. In No
vember, 1881, the respondent company
ceased to operate the line referred to in
the petition, and that it has not since
that time furnished. started or run cars
thereon for the transportation of per-
sons or property" The commissioner
finds as other facts that there is not
local business along the line to pay the
expenses of operating it. "The laws of
this state General Laws Of 1881. Chap
ter IS. page 10) make provision whereby
railroad companies are authorized to
ALTER THEIR ROUTES
or the location of their lines Of railroad.
ut is not claimed" continues the dis
senting opinion, THAT the law reaches
this case, or, if it does, that the pro-
visions thereof have been complied
with. With reference to the point made
by the respondent company, that the COM
mission has no jurisdiction of the SUBJ
ject matter of said complaint and petit
ton, and that the commission has no
Jurisdiction or authority to issue any
order in the premises, or to require said
railway to comply with the prayer of
said petition, L hold that the
act, of 1887 tchapterlO, Gen
eral Laws 1881 clothes it with
the authority necessary to confer juris-
diction. and makes it the duty of the
commission to make such orders as in
its judgment are proper, and provides
for instituting suits or proceedings to
enforce the same. As a matter of law
l am of opinion that railroad corpora
ton cannot absolve itself from the per-
Torrance of its obligations to the
public without the consent of the
authority from which it has derived its
rights and powers. 1t cannot of its own
motion abandon part or any part Of its
lines constructed in accordance with its
act of incorporation. The line of road
from Breckenridge to GAINESVILLE is a
part of the chartered road of the re-
spondent company which it is bound to
maintain and operate. The respondent
company is attempting to evade its
charter and TO do this has taken the
law into its own hands. 1t should have
appealed to the legislature for author
ity to do what it has done without au-
thority.
Il am of opinion, therefore, that the
complaint" concluded Gen. Becker,
''shOuld be sustained. and that the COM
mission should make its order directing
the st. Paul, Minneapolis & Manitoba
Railway company to resume its opera
ton of that part of its line Of road which