St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-18
N AN IMPORTANT CASE
Involving the Reduction Of
Rates for Carrying Grain
From Crookston
TO ALL TERMINAL POINTS.
Justice Mitchell Dissents and
Files an Opinion to Taat
Effect.

Justice Collins. of the supreme court.
yesterday rertd ar.,d an opinion in The
appeal of the Great Northern Railway
company, Elias Stevenson, appellant,
against the Great Northern Rail-
was company, respondent, in which
he reverses the order of the district
court.
In his somewhat lengthy opinion the
justice says: ION proceedings had
upon the complaint of Elias Steiner
son, the railroad and warehouse COM
mission of this state made an order
reducing the rates to be charged by
the Great Northern Railway company,
for carrying grain from Crookston to
terminal points, and the company ar
pealed to the district court of Ramsey
county. Thereupon the Northern
Pacific and two other railway
companies made application to the
court to file complaints in interview
ton. The first named company was
allowed to intervene, but the applica-
tionS of the two other companies were
denied. This appeal is from an order
of the court overruling Steenerson's
demurrer to the intervenor's complaint
and squarely raises the question of the
right of competing line of road to
file complaint in Intervention anal of
the commission, or the court, on ap-
peal, to allow Intervention at its dis
erection. and thus to put such road in
position to take part in the trial.
The court decides that there can be
no intervention in these cases and that
it is the carrier against whom the
proceedings are had, whose reasonable
rates and charges are to be deter
mined. and it does not hold that the
commission, or the district court, on
appeal, should adopt a narrow rule
for the ascertainment of what are
reasonable rates and charges for the
defendant whose case is being in
quired into.
MITCHELL DISSENTS.
Justice Mitchell dissents from the
opinion of the majority of the court,
stating that his objection to the opin-
ion of the court is rather to the way
in which the case is put than to the
results reached. He says:
81 think it is inaccurate, as well as
misleading, to iiken these proceedings
to an action inter parties. There is no
litigation, and hence no subject of liti-
cation, in the sense in which those
terms are used in action between par
ties. These questions involve merely a
public QUESTION. The question is essen
TALLY a legislative one, and one OF
public policy, not of private personal
interest,"
After statement of some length as
to his objections to the opinion, the
justice concludes:
eff l am correct in my views it fol-
lows that it is of no practical import
ance whether the order of the court
overruling the demurrer to the in
tervenor's complaint is affirmed or re-
verSed.'
The syllabus and the title of the case
follow:
In re appeal Great Northern Railway
Company, Elias Stevenson, appel
liant, VS.. Great Northern Railway
Company, respondent.
l. In proceedings, under the statutes
of this state, before the grain and
warehouse commission, or on appeal,
in district court, to regulate and fix the
rates, fees, charges or classificat tons
of common carrier, another carrier,
not party to the proceeding, although
indirectly affected by the determina-
ton, cannot be permitted, as a matter
Of right, to intervene, to be made a
formal party, and thus, in a measure,
control the case.
2. The commission, and, on appeal,
the court, should Ne liberal in receiving
evidence upon the question Of what is
a reasonable rate or charge to be made
by the carrier proceeded against, and
in their discretion may receive evidence
and hear arguments in behalf of any
person or corporation, specially, al
though Indirectly, interested in the re-
suit. Order reversed. COLLINS, J.