St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-20
A Drastic Piece Of Legislation
Proposed for the Regula-
ton of Railroads.
F. M. Currier Author Of q Bill
Aimed at the Pocket Of
the Millionaire.
The House Committees, as
Announced by the Speaker,
Favorably Received.
S. C. Bowman Gusts Jorgen
Jensen and Takes His
Seat in the House.

That important railroad legislation is
expected from the Legislature now in
session is generally conceded, and the
bill introduced in the house yesterday
by Representative Currier, of Blue
Earth, is likely to raise one of the bit
terest legislative fights experienced in
Minnesota. The bill proposes to revo-
lutioniZe railroad legislation in this
state; the railroad commission. under
its provisions, would be empowered
with far-reaching powers in the control
of railroad management, while the rail-
roads themselves are frightened up in
the usual approved style. The bill is
modelled OH the Iowa law, and was drawn
up by Mr.. Currier. The title of the bill
reads:
A bill for an act to regulate railroads and
other common carriers in the state, and to in
crease the powers and further define the du-
ties of the board OF railroad commissioners
in relation to the same, and to prevent and
punish eXtortiOn and unjust discrimination
in the rates charged for the transportation OF
passengers and freights on railroads in this
state, and to prescribe the mode of proceed
ure and rules of evidence in relation thereto.
A carefully prepared synopsis of the
law Is given. 1t runs:
Section l ex plains that the provisions of
the act apply 10 the transportation OF passen-
gers ana property, and to receiving, deliver
ing and storage and handling OF property
wholly within this state, and shall apply TO
all railroad corporations and railway com
panies, freight or freight line companies and
10 any common carrier or carriers engaged
id this state i'll the transportation of passen
gers or property by railroads therein. 1t also
applies 10 shipments of property made from
any point within the state TO any point with
in the state, whether the transportation OF
the same shall be wholly within this state or
partly within this and an adjoining state Or
states.
Section provides that all charges for trans
portatiOn of property shall be reasonable and
just, and every unjust and unreasonable
charge for such service is prohibited and de-
clared to he unlawful.
Section defines and prohibits Giscrimina-
ton in rates, either directly or indirectly, or
by any special rate, rebate drawback or other
device.
Section declares it TO be unlawful for any
particular common carrier to give any pref
erence or advantage TO any particular com
pany, firm, corporation, or locality in any re-
spect whatsoever. or TO subject Them TO any
prejudice or disadvantage. This does not
prohibit common carriers from giving pref
erence of shipment 10 live stock, uneured
meats, or other perishable property.
Section makes the same provision as to
merce law.
Section prohibits pooling on freights, or
the division of earnings between competing
roads.
Section z provides for the printing and
keeping for public inspection schedules
showing the rates and fares and charges for
the transportation of passengers and prop
erty which any common carrier has eStab-
lished, and which are in force at the time
upon its railroad. Fifteen days notice is re-
IL,
ViGing for only ten days notice. The rail
road commissioners are to be notified Of any
changes in rates or fares.
Sec. g. All railroad companies doing bust
ness in this state shall, upon the demand of
any person or persons Interested establish
reasonable joint though rates for the trans
portation OF freight between points on their
respective through lines within this state,
and shall receive aud transport freight and
| cars over such route or routes as the shipper
shall direct.
Sec 0. In the event that said railway com
panies fail TO establish through joint rates, or
fail to establish any charges for such through
shipments il shall be the duty of the board
of railroad commissioners, and they are
hereby directed, upon the application of any
person or persons interested, to establish
joint rates for the shipment of freight and
cars over two or more connecting lines of
railroad in this state. The rates established
by the board Of railroad commissioners shall
=
are promulgated by said board. and from and
after that time the schedules of such rates
shall be prima facie evidence in all of the
courts of this state that the rates therein
fixed are Just and reasonable maximum
charges for the joint transportation of freight
and cars upon the railroads for which such
schedules have been fixed.
Sec. 10. Before the PRONUNCIATION Of such
rates as provided i'll section of this act the
board of railroad commissioners shall notify
the railroad companies interested III the
schedule of Joint rates fixed by them; and
they shall give said railroad companies a rea-
sonable time thereafter not TO exceed twenty
days. to agree upon division of the charges
provided for in such schedules: and in the
event of the failure of said railroad CON-
panies to agree upon a division and to notify
the board Of such agreement the board of
railroad commissioners shall after hearing
of the companies interested, decide the same,
taking into consideration the value of the
terminal facilities and all the circumstances
of the haul, and the division so determined
by the board shall, in all the controversies or
suits between the railroad companies inter
ested, be prima facie evidence of a just and
reasonable division OF such charges.
Section IL prohibits unjust and unreason-
able charges for transportation of freight
and cars over two or more railroads in this
state. The same provision is made in regard
to passenger rates. The failure to comply
shall be punished as contempt, and make the
corporation liable to a penalty Of 500 fine
for each days failure to comply, and no bond
shall be required of the commissioners the
mandamuS being issued i'll the name Of the
state.
Section 12 provides that such joint haul
must be treated by the common carriers as
continuous, and there must be no break of
bulk, stoppage or interruption.
Section ID provides that i'll case any com
mon carrier fails to comply with the pro-
visions of this act they shall be liable TO the
persons injured thereby for three times the
amount of damages sustained in conse-
quence Of any such violation of the pro-
visions of this act, together with costs Of suit
and reasonable counsel or attorney g fee, TO
be fixed by the court.
Section IA provides for the manner in
which suit shall be brought by persons claim
ing damages.
Section Is provides thatany officer, director
or any other person employed by any com
mon carrier who shall suffer or permit or
cause violation of this act or aid and abet
therein, shall be deemed guilty of misde-
meanOr, and shall, upon conviction thereof,
be subject to fine Of not TO exceed 5000 or
less than $500 for each offense.
Sec 16 The board Of railroad commission
ers is vested with authority to inquire into
the business of all common carriers, to en-
able them to carry out the duties and the OBJ
iect for which the board was created.
Section II describes the manner in which
com claimants shall make complaints against
railroads.
Section 10 PROVIDES tnat IL snail De the duty
of the commissioners, after investigating
complaint, 10 make full report in writing.
Section IS refers to the manner in which
the commissioners shall conduct investiga-
tons.
Section % provides for the manner in
which proceedings shall be instituted i'll dis
trict courts against railroad companies com
plained Of.
Sec. Fl. The board of railroad commits
sioners of this state is empowered and di-
rected TO make for each of the railroad com
panies doing business in this state as soon as