St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-06-03
S. F. 499, a Joint Resolution,
Held to Have Little or No
Effect.
An Official Indop sement Of
the Policy Of the Com
mission,
That 1t Is Empowered to Act
Only on a Complaint
Filed.

quest or the railroad and warehouse
commission. has given the following
opinion upon Senate File 400. joint
resolution relating to common carriers
and terminal charges:
Hon. A. K. Teisberg, Secretary Rail
road and Warehouse Commission-Sir:
l beg to acknowledge receipt of your
communication of the 9th inst. in
which YOU call attention to joint reso-
luton Is. F. 409) adopted by the two
houses of the legislature, and approved
by the governor April IA, 1893.
You state, in substance, that the COM
mission desires to be informed by me
definitely as to the powers with which
the commission is clothed by the laws of
this state, aud as to the steps to be
taken by it in the premises. in order to
secure an orderly and regular proceed
Ing with reference to distance and ter
minal tariffs in this state. which can be
enforced through our state courts.
Permit me to suggest at the outset
that the resolution in question can have
no force or effect whatever in changing
or modifying the laws of this state by
which your duties are prescribed. Bat
while joint resolution fails OF such
effect, it is always eutitled to great con-
sderation by the officers Or board to
whom addressed, as expressive OF the
views upon given subject of the gen.
tlemen by whom it was supported.
Whatever the terms in which the
resolution III question has been framed,
your only authority for action in any
case must be derived from the express
provisions of statute law. [ do not,
therefore. sec how can more properly
reply to your inquiry than to call your
attention to the provisions of chapter 10
of the General Laws of 1887, and the
several acts amendatory thereof. Sec
ton of the tirst-named act is very ex-
plicit in It's provisions both as 10 the
duty of the common carriers of the state
and the authority and power with which
your commission has been clothed.
Must BE Complaint
That section, as amended, clearly i'm
plies that the commission is authorized
to make investigation touching the char
acter of tariffs of rates, fares. etc., only
upon complaint filed by any person,
firm, corporation, association or society.
The effect of the amendment Of SUBJ
division (e) of the section is to radically
change the policy of the law in this
respect. The construction OF the stat
ute in question is really res adjudi
cata with your commission, as find on
page 20 OF the report of that body for
the year ending Nov. 80, 1891,
the following language: "The stat
ute, too, contemplateS COM
plant made to the commission"
This is a prerequisite. and is the basis
upon which the commission acts. sit
is common criticism of the commits
sion often made by those who are not
familiar with the laws, that in such
cases the commission will not move
without complaint. Our view of the
law is that we cannot act unless COM
plant is flied as the state requires"
This view is also sustained by the Ian
guage employed in section Is of the
same act. See also to the same effect,
subdivision (b) OF section IL OF the act
in question.
Upon complaint filed in compliance
with the provisions OF law, your COM
mission acquires supervision over the
common carriers of the state sufficient
to meet any evil incident to the ques-
ton of tariffs, and is authorized, after
proper notice and hearing to make such
appropriate order for the revision and
reformation of tariffs as circumstances
may, in the opinion of the commission,
require.
While the authority of the commission
Is wholly derived from and measured
by the terms of the statute, the statute
should not. nevertheless, receive mar
row and restricted construction in any
matters falling within the jurisdiction
of the commission. The courts must
necessarily hold that its authority is
commensurate with the evil complained
of and ample to redress it.
Your attention is called to recent
act of the legislature OF this state,
amending section of chapter 10 of the
General Laws OF 1887. | refer to the
Iast-named statute. not so much for the
purpose OF calling your attention to the
general provisions thereof as to furnish
another evidence of the policy of the
law touching the authority of the COM
mission to act. By subdivision (c) OF
section /, it is provided that ut shall be
the duty of the railroad and warehouse
commission of this state. and said COM
mission is hereby directed. upon the
application of any person or persons in
terested, to establish reasonable joint
rates." etc.
The mode of procedure in hearings
instituted before your commission is