St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-03-25
STORY OF THE SUITS.
The Decision Probably Ends State
Control of the Railroads,

The decision of the United States SUI
preme court in the Faribault milk and
switching rate cases rendered yeSter-
day will prove great surprise to Min
neSota lawmakers and will not be at
all popular in the state. The cases,
while not of particular Importance in
themselves, involved the great principle
of state control and regulation of
railroads, with particular reference
to the power of the rail
road commission to fix rates.
The railroad commission about two
years ago was appealed to by milk ship
vision of the Milwaukee, who alleged
that they were being charged an un-
reasonable rate for their shipments.
After numerous hearings the commits
sioners fixed the rate at 219 cents per
gallon, in ten-gallon cans, from Owa-
tOnna and Farlbault to the Twin Cities.
The other case was that of the Mime
apOlis Eastern appealing from an order
of the railroad commissioners fixing the
switching charges.
Both cases were taken to the supreme
court of Minnesota, where the railroad
commissioners won, and the law was
upheld. Judge Mitchell, of the Mime
sofa supreme court, speaking for the
court in the first of these cases, declared
that under the railway and warehouse
commission act of 1887 the decision Of
the commissioners as to what are rea-
Sonable rates for the transportation of
persons and property is conclusive, and
that after the PRONUNCIATION of the tariff
rates recommended by the commission
no issue could be raised on that ques-
ton. The state court of last resort also
held that this power to fix rates was not
delegation of legislative power.
"lt seems to US. if language means
anything, said the court, lit is perfectly
evident that the expressed intention Of
the legislature is that rates recon-
mended and published bv the commits
sion assuming that they have proceeded
in the manner pointed out by the act)
should not be simply advisory. nor
merely prima facie, equal and reason
able. but final and conclusive as to what
are lawful or equal and reasonable
charges; that, in proceedings to compel
compliance with the rates thus pub
lished the law neither contemplates
nor allows any issue to be made or in
quiry had as to their equality OF reason
ableness, IN fact. Under the provisions
of the act rates thus published are the
only ones that are lawful, and there
fore, in the contemplation of law. the
only ones that are equal and reasona-
BILE; and hence, in proceedings like the
present there is, as said before. no fact
to traverse except the violation of the
law in refusing to comply with the
order of the commission. Indeed, the
language of the act is so plain on that
point that argument can add nothing to
its force"
Attorney General Clapp and At
torney Keyes, of Faribault, managed
these cases in the lower courts, and
the attorney general placed them before
the supreme court. The latter de-
clined to express any opinion on the re-
suits of this decision until he had read
it in full and noted exactly how far
reaching it is. GAS far as l can judge
from the accounts in the papers," re-
marked prominent st. Paul attorney
last evening, 1.-THE supreme court has
strained every point in favor of the rail-
road cOmpanieS."