St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-10-10
TO THE DISTRICT COURT
Northern Pacific Says at the
Lowered Schedules 1t
Cannot Pay
THE INTEREST ON ITS BONDS
Jurisdiction Attacked - Old
Rates Alleged to Have
Been Reasonable.

The famous grain schedule and coal
rate cases have been appealed 10 the
Ramsey county district court. and ques-
lions of law and fact are raised against
the orders made by the railroad and
warehouse commission of the state OF
Minnesota. The grain freight rate case
is the one brought by Elias SienersGn
against the Great Northern Railway
company. and in which Thomas +.
Cakes, Henry G. Payne and Henry G.
Rouse, as receivers of the Northern Pa
cific road, together with the Chicago.
Milwaukee IL st. Paul road, the Chicago
Great Western road and the Chicago.
st. Paul. Minneapolis IL Omaha road
are lnterven0rs. Ali of these roads
join in the appeal. having asked leave
to intervene before the commission.
They assert that the old rate for grain
from East Grand Forks. Fisher and
Crookston were just aud that the change
in the rates would interfere with their
business arrangements. There are
copies Of the petitions and answers
before the commission filed together
with the answer of the receivers of the
Northern Pacific road. In this answer
the first mortgages and Indebtedness Of
the Northern Pacific are alluded 10, and
the allegation Is made that to change
the rates as made by the commission
would cripple the road and make it
impossible to raise the necessary amount
of money to pay interest on bonds.
The objections to the decision of tine
commission are as follows:
First-That the commission had no
jurisdiction of the complaint or author
ity to make the order appealed from.
Second-That the commission had no
Jurisdiction to make an order concern
ing rates from any stations other tnan
Fisher, East Grand Forks and Crooks.
ton, the stations named III the COM
plant.
Thrd-'That the rates in force when
the order was made we're Just and rea.
sunable, and that the modification of
such rates in the form and as fixed by
said order is uni ust and unreasonable.
Fourth-That tile rates in force from
East Grand Forks. Fisher and Crooks
ton. when said complaint was made,
were reasonable, and the order reducing
said rates is uni uSt and unreasonable.
Hi the Coal Rate Case
of the city of Moornead for shipments
from Duluth. it is alleged that the city
of Moreiiead is not so Interested in the
matter Of rates as to emit tie it to hear
ing on its petition, nor to consideration
by the commission. The receivers ad.
init that the former rate on coal from
Duluth to MoorlIead was s.. and that
the commission reduced this to 1925.
The points of law and fact made by the
receivers i'll this case are:
First-fhat the commission had no
jurisdiction Of the complaint or author
ity to make the order appealed from.
SeconG-That tie commission had no
jurisdiction ever said receivers or the
said railroad company or its busine $,
aid that the same are not, and were not
in any way, subject ID the order, diree-
ton or control of said commission.
Third-That the rates in force when
the order was made were just and rea.
sonabie, and that the modification oil
such rates in the form and as fixed by
said order is unjust and unreasonable.
| FOurth-That the rates i'll forcs from
the city of Duluth, Minn., to the city OF
| Moorhead when the complaint was
made were reasonable, and that the
order reducing said rates is unjust and
unreasonable.