The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-10-28

erty was exempt from taxation, but the
supreme court held that if the railroad
company wanted to engage in the hotel
business they must pay taxes upon their
property in the same manner as any in
dividual who engages in that business.
The Milk Rate Case.
The legislature of this state passed
law in 1887 designed to regulate freight
rates established by common carriers in
this state. One of the provisions of that
law authorized the board of warehouse
and railway commission to review the
schedule adopted by such common car
riers, and to make such changes therein
as would secure reasonable rates
over their lines. In pursuance of
that law, an order was made by the
commission fixing the rates for carrying
milk between the cities of Owatonna
and Faribault on the one hand, and st.
Paul and Minneapolis, on the other.
The Milwaukee Railway company,
which was then engaged in the trans
portation of milk from the first named
places to st. Paul, refused to comply
with the rates as established by the
commission. The matter was then
brought before the supreme court Of
this state, and the legislation, pursuant
to which the order of the commission
had been made, was then considered as
to its constitutional features. The
supreme court, in a well considered
decision, held the law valid as to the
features in question and ordered its
observance by the railway company.
Industriously Spread Falsehoods.
Ill informed and malicious persons
have spared no pains in spreading the
falsehood that the supreme court of this
state, with view to protecting the
interests of railroads, declared that law
unconstitutional; and have thereby Gre
ated, no doubt, no little prejudice
against the court by such means; and
this prejudice has been strengthened by
the fact that the law has been adjudged,
by another tribunal, as invalid and in
operative. When the railway company
had been defeated in the state court
they took an appeal therefrom to the
United States supreme court, where
they succeeded in having the action of
the state court reversed. The supreme
court of Minnesota, in the milk rate
case" decision, distinctly affirmed the
power of the legislature to fix rates for
freights carried by railway companies
within the state. No court has ever
gone further in restraining railway com.
panies.
The Usurer's Enemy.
The body of laws designed for the
protection of the money borrower
against usurious interest, has received
invaluable support from the supreme
court. Many lenders, in fact, have not
been at all modest in their criticisms
upon the character of construction
placed upon this class of legislation by
that court. However harsh the legisla-
tion has been, the supreme court has
never faltered in sustaining it.
About Insurance Cases.
In 1889, law was passed providing
for the adoption by the insurance COM
standard policy" of insurance. The
purpose of this legislation was to have
uniform insurance policy, TIE terms and
conditions of which might be clearly
understood. The law provided that this
policy should be the only one in use by
the insurance companies doing business
in this state, and the terms and condi-
tions of that policy were made binding
upon both parties.
The insurance commissioner, within
the time prescribed by law, and as he
was required to do, adopted the
form of policy in which appears
provision to the effect that the
insured in case of loss was re-
quired to furnish a certificate by a
magistrate or notary public (not inter-
ested in the claim as creditor
or otherwise or one related to the in
sureO living near the place of fire, stat
ing that he has examined the circum-
stances and believes the insured has
honestly sustained loss to the amount
that such magistrate or notary public
shall certify" The policy furthermore
required that ''no suit or action on the
policy for the recovery of any claim
shall be sustained in any court of law or
equity, until after full compliance by
the insured with all the foregoing re-
quirements."
A loss occurring in one of the counties
of this state, under very suspicious Cir
cumstances, the St. Paul Fire and
Marine Insurance company, by whom
the risk had been taken. refused to pay