St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-12
EXPRESS RATES BILL.
The Senate judiciary Hears Tai
on the ConstifUt;o,,T;+

The Senate judiciary Hears Talk
on the ConstitutionaIfty.
The senate judiciary committee had
a hearing last night upon the two
bills introduced by Senator Miller, with
a design to regulate charges by ex-
press companies and to place such
companies under the supervision of
the state railroad and warehouse COM
mission. Senator Miller opened the
discussion. He claimed that the law
is not only needed but is expedient, and
quoted from the reports of the inter-
state commerce commission to show
that the legislature has power to reg
ulate express companies On the theory
of being common carriers.
f. f. Davis. Of Minneapolis, ad-
dressed the committee in the interest
OF the express companies. He re-
viewed his argument on the same
measure before the committee on rail-
roads of the senate a few weeks ago.
He called attention to a difference be-
tween the independent" express COM
panies, and those known as railroad"
express companies. Speaking for the
independent" express companies he
claimed the Legislature had no author
ity to regulate them any more than
they had to regulate the changes in
any other private business, and quoted
decisions of courts and reports of the
interstate commerce commission in
support of his propositions. Mr.
Davis said that after being asked to
draw a law to regulate express COM
panies he had upon investigation re-
ported to congress that it was mex
pedient to place independent express
companies under a law regulating
common carriers. He said that it
would be better to appoint an express
commission in place of passing the
proposed bills, and in reply to a ques-
ton from Senator Day, said he
thought express companies would not
oppose a separate express commission.
Mr.. Davis claimed that, as indie
pendent express companies do not
have a state franchise or exercise the
right of eminent domain, that the
state had no more the right to regu
late them than to regulate the charges
of grocery or other store.
Members of the committee asked a
number of questions touching upon the
power and advisabilty of passing the
bill. Senator Day said he hoped the
lawyers of the senate would not tell the
legislators that the people are at the
mercy of the express companies and
had no right to regulate rates.
Senator Stevens said that there is no
decision touching upon any law passed
to regulate express rates, and he al
luded to the claim that such laws in
other states are dead letters.
Senator Young thought it time to
pass the bill and give an opportunity
for decision in this state.
Senator Greer remarked that the SUI
preme court had often. passed upon
similar. laws, notably the state elevator
law passed two years ago.
Senator Stevens suggested that the
attorney general of Missouri be written
to with a view of ascertaining whether
or not there had been any construction
of the law in that state.
Senator Yale suggested that it would
be well to go slow and consider the
legal aspect of the matter. He thought
it would not be pleasant, in case the
law should be held unconstitutional
by the supreme court, for the fifteen
lawyers on this committee to be re-
minded that Mr. Davis had told them
that the law would not be valid. At
the suggestion of Senator Day, it was
agreed that in case the committee did
not hear within a week from the attor-
neys general from Iowa and Missouri
in response to an inquiry as to the eff
feet of similar laws in their states,
then the committee would report the
bill to the senate with a request that it
be placed at the head of general orders.