New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-01-21
MERRIAM'S MESSAGE
Gov. Merriam Delivers His Bl ennial
Message to the Legis-
lature.
He Reviews the Work of the last
Two Years and Makes Some
Suggestions.
Gentlemen of the Senate and House of Rep

opportunity of submitting to this BODY
such facts and suggestions affecting the
present condition Of state affairs as are
deemed worthy Of consideration. Avail
ing myself or this privilege, shall first
call attention to matters pertaining to gen.
eral legislation, and later re:er more spe-
officially to such items as regard of special
importance. Permit me to reiterate the sem
timent expressed in a communication to
the legislature assembled two years ago as
al! bills. the purposes and requirements of
which call for the expenditure of public
moneys. Too much care cannot be exer-
clsed in this direction. Let the taxes be
kept at the lowest point consistent with
prudent and wise administration. The
penal and charitable institutions, as well as
our public school system, should be sup
ported in manner worthy of the state and
its citizens, but every demand for increased
facilities, or enlarged expenses, should be
carefully considered and aid only extended
when absolutely needed. Further on I
views as to what sums should be allowed
the different institutions. The opinions
offered are based upon careful computa-
ton of the revenues to be derived from va
rious sources during the coming two years.
Allow me to say that I regard as a great
and growing evil, in connection with all
legal enactments both state and national
too common an occurrence fol- localities.
and for individuals, to demand of the law
making power action that will tend to
their exclusive benefit Laws should be
passed that will bear upon and benefit
equally all citizens and the greatest care
should be exercised that no advantage of
any kind or character to the detriment of
the general public be given to any special
class, or to any particular locality. 1t is
quite the custom among the many
well-meaning citizens to ask of the legis-
lature relief from every trouble, imaginary
or real, many of the difficulties being from
causes beyond its curative resources. All
should be protected in their personal and
property rights. Discrimination OF any
character that is to the advantage of one
citizen and works injury to another
should be studiously avoided as unfair,
and not in accord with the spirit
of free institutions. In this connec-
ton, too, regard paternalism, so-called,
in government, as an evil that will ulti-
matey result in great trouble and endless
confusion. 1t is a malady that seems to be
spreading, and carried to its logical and
legitimate conclusion will end in the build
ing up of favored classes and localities to
the detrlment Of the great masses of the
people. Your responsibilities in this direc-
ton are important and comm end to your
consideration the necessity of avoiding all
legislation of the character l have noted.
RAILROAD AND WAREHOUSE COMMISSION.
The report Of the railroad and warehouse
that has been accomplished under the d.
rection of that body during the past two
years.
Since the passage of the law creating the
present board the records will clearly DEM
onstrate the fact that much has been &C.
complished that has been OF direct benefit
to the general public. Among other things,
and important, has been the gradual but
material reduction in transportation rates
Tor freight and passengers, and such action
as has resulted in requiring of the railroad
companies equal consideration for all
classes of shippers. We must not forget,
however, that petition, improved meth
machinery, lower grades, and the reduced
cost of transacting business. aided by con-
tinually growing traffic, have all assisted in
making lighter the burdens of transporta-
ton, To my mind one OF the greatest evils
incident to railroad management is
TOO many railroad officials OF
discriminating in favor of certain
patrons and against others. 1t is an abuse
ovei:: which the public feel justly incensed.
So manifestly unfair is it to give one ship
per any advantage over another that, in
calling attention to the matter. to simply
= state that the practice exists seems to be all
that is necessary at this time. The penal
ties for disobedlence OF the section Of the
law referring to discrimination should be
SO severe as to administer lesson to him
who breaks it that they will not soon be
forgotten. The commission, in its reports
Of 1885, and of later dates, speaks of a GER
tain form of discrimination that is worthy
of your consideration. quote from these
reports relative to the system so common
among railroad managers of bestowing free
passes: 1T is the conviction of this COM
mission that the issuing of free passes as
now practiced in this state is an unjust dis
elimination as against every passenger that
pays, and thus opposed to the spirit of
the act passed for the regulation of COM
mon carriers; that it is a fruitful source of
corruption; that it is injurious alike to pub
lie and private interests, and to the interest
of the companies themselves, and that it is
one of the chief obstacles in the way of
proper and necessary reform in railway
management and the control thereof under
authority of the state" The present law
regulating common carriers especially per-
mits the issuance Of passes Tor the free
transportation. Of passengers, although all
other discrimination is prohibited under
severe penalties. Comment is unnecessary
1t is gratifying to state that those sections
of the law requiring that cars shall be fur
nished to individual shippers nave been
carried into effect more July during the
last two years than at any time heretofore
w ulle There nave Deen 1nQlVlQual cases
where the railroad managers have been der
elict in their duty in this respect. yet on
the whole the spirit of the law has been
met, and its provisions generally complied
with.
The decision rendered in March last BY
the supreme court of the United States,
holding that certain provisions of the act OF
1887 regulating common carriers are not in
harmony with the federal constitution, will
make necessary some changes in our laws
in this regard. 1t was generally understood
when the law of 1887 was enacted, that
while the railroads were entitled to receive
reasonable rates Tor service rendered, the
Legislature was the sole arbiter as to what
s-ates were reasonable. 1t WAS also gener-
ally admitted that this power could be dele
gated by the legislature to board of COM
.missioners. With this in view, the law Of
1887, as Interpreted by the supreme
court of the United States, delegated
cthis power to the board Of railroad
sand warehouse commissioners, and pro-
vided no means for review of its action.
The court of last resort has determined that
action upon such matters is not final, either
in commission or in the legislature itself.
The power of the legislature to make rea-
al 10 at