St. Paul daily globe., 1893-08-17
THE TRAINS MUST STOP
SO RULES JUDGE WILLIAMS ON THE
PINE COUNTY CASE.
THE ELEGIsLATUnE rs UPHELD.
Plain Definition OF the Rights of
the Peoples Represen tatives
Public Interest and Welfare
Their Guide-interstate Law
Not Violated by the Minnesota
Law

Judge John A. Williams, of the Unit
ed States circuit court. has decided that
the act of the last legislature, which
provides that certain trains shall stop
at the county seats of all the counties
through which they pass, is valid. The
point was raised in the case of Morris
Glads0n, a locomotive engineer of the
st. Paul & Duluth road, who refused to
stop his train at Pine City, while run
ming between st. Paul and Duluth.
Gladson was arrested and fined by a
justice of the peace'in the sum of SIS.
and in default of paying the fine was
committed to the Jail of Pine county.
Gladson then applied to Judge Williams
to be discharged OH writ of habeaS
corpus.
A hearing on this petitition was had
yesterday, and argued by Emerson Had
ley and James ID. Armstrong for the
petitioner and the railroad company,
and by Assistant Attorney Gen. George
b. Edgerton for the state and the
county of Pine. 1t was contended on
the application for the discharge of
GladSOn that lie acted as directed by
his company in not stopping the train.
The railroad company took the position
that the law is not valid, or in any
event did not apply to the train in ques-
ton, which was fast express and mail
train that had made provision for TAX
ing on and putting off malls while in
motion.
Judge Williams Views.
After arguments at length pro and
con. Judge Williams announced his de
cisiOn denying the application to dis
charge Gladson. as follows:
do not think this is an interference
with Interstate commerce. l thought at
first it came within the exceptions pro-
vided for in the law, Dut it does not say
that an act of the legislature requiring
passenger trains to stop at county seats
long enough for passengers to get off
and on is an interference with inter-
state commerce, and is obnoxious to
that provision of the constitution, is go
ing too far. l do not think 1t is. [
think 1t is also within the police power
of the state. Much. if not all, must be
left to the wisdom and discretion of the
legislature in passing the law. The
lawmaking powers are to judge OF the
necessities of the law for the public
welfare, and 1t is not for the courts to
say that there was no necessity for ii.
If this law was necessary for the pro
lection of the people, or for the welfare
of the people or for the safety of the
people, then the legislature had the
power to enact it. 1t is contended that
they have special accommodations
without stopping this train. That
comes clearly within the purview of the
legislature to say how much is neces-
sary, ami ii is not for the court. Now,
i'll this particular instance. they may
have special accommodations without
compelling this train, which does not
carry passengers and freight, or any.
other train belonging 10 the same COM
pany, to stop at this station, but if it is
within the power of the legislature to
pass the law at all for the welfare of the
people to say that they shall stop at any
particular place, they must make it gen..
eral, and when they say that all pas.
senger trains must stop at all county
seats it is general law, and the legis-
lature thought itwas for the public well
fare.
There is nothing that iRterferes with
interstate commerce. even though it
was transcontinental train. 1 think it
would have absolutely the power to
make it applicable to the other kind Of
trains. think that the relief prayed
for must be denied and the prisoner
must he remandeG. 1t is so ordered.