St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-09-13
MUST BUILD TRACKS.
A SUPREME COURT RULING THAT WILL
BE JOYFULLY RECEIVED,
FARMERS HAVE SOME RIGHTS

The Immediate Right Passed on
Being in Relation to Side
track Facilities = Railroads
Must Do the Fair Thing by All
End of a Bitterly Fought
Railroad Case.
The supreme court has settled favor
ably TO The interests of the state a strug-
gle or i've years IN which the railroad
commission has maintained the right to
force railway company to build side
track to a private elevator The court
sustains the position that anybody may
build an elevator upon line of rail-
way, and that the commission has the
power to compel the railway company
to build sidetrack to it, and accept and
care for its shipments.
The case is entitled the "Farwell
Farmers Warehouse Association VS..
minneapolis Paul & Sault Ste. Marie
Railway Company" The plaintiff
erected a warehouse adjacent to the
right of way Of the defendant in the
village of Farwell, Pope county, and
demanded of the defendant that 1t con-
struct a sidetrack to the same, ON its
right of way. The railway companv
refused, and the elevator association
laid complaint before the railroad COM
mission. The commission gave hear
ing and made finding OF facts and
granted the petition. The railway com
pany appealed to the district court, and
was again defeated. Then an appeal
was taken to the supreme court. The
supreme court GuStalnS the district court
in every particular. A portion OF the
the decision of the 'Supreme court reads
as follows:
THE COURTS DECISION.
railroad corporations are QuaSi-pub-
lie corporations, and enjoy privileges
and franchises granted by the state in
consideration of the general benefits
which The public may be expected 10 de-
rive from the operations of the roads.
they must therefore, subject to certain
necessary ami proper limitations, which
the Law shall recognize, be operated SO as
10 reasonably accom- modaLe the business
and subServe the best interests of the
public. One of the most important of
these Interests in ali agricultural COLI
munlty Is the marketing ami tranSporta-
ton or grain. As the price Inlay i'll any
particular case DE affected To a greater
or less extent by the facilities tor trans
portatiOn afforded. and the opportunity
for competition by purchasers, it is un-
doubteuiy subject for legislative cog
nlZance. 1t is ali essential condition 10
the right of eminent domain by rail.
road corporation that all the people
should have the right to use the road on
equal terms. And it is The policy of the
law not to permit SUCH corporations to
grant special privileges to any persons
which are denied 10 others under like
conditions. In our judgment the follow
ing legal CONCLUSION, based upon the
facts found in the case. was warranted
thereby and authorized the Judgment
appealed from:
THAT the defendant corporation IN
refusing the complainant a site for its
grain house on Defendants right OF way,
when the same was demanded by il,
while admitting 9th L persons and asSO-
Citations engaged in the prosecution of
the same class of business TO erect and
maintain grain warehouses OF elevators
on said right of way, as well as afford
ing them free side track accomm0da-
tons in CONNECTION with such grain
houses and elevators, Was and is guilty
of guilty of unjust and illegal diScrimi-
nation toward and against said aSSocia-
ton"
"Undoubledly the railway company
may impose reasonable conditions and
terms upon persons who demand track
age for warehouses for the transporta-
ton of grain. but they must be the same
for all. And the refusal of the company
to furnish such trackage at any partic-
ular station and within its right of way
so as to allow competition in the hand
ling and transportation Of grain is
proper subject of investigation by the
railway and warehouse commlssion.n