The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-21
NOT LIKE MAMA EVE
COURTS OF THE COUNTRY NOT
MADE FOR ADAMS EXPRESS
COMPANY.
SUPREME COURT DECIDES
THAT THE STATE COURTS HAVE
JURISDICTION OVER COMMON
CARRIERS.
SMITH RETURNS TO ILLINOIS.
His Application for a Writ of Ha-
beas Corpus Was Denied Yes
terday by Judge Collins.
SUPREME COURT DECIDES
SMITH RETURNS TO ILLINOIS.

Judge Collins has sustained the or
der of Judge Egan in the mandamus
proceedings in the case of the State
ex rel, The Railroad and Warehouse
Commission, respondents, against the
Adams Express Company, appellant,
and remanded the case to the lower
court.
This is very important decision,
as bringing the express companies
within the meaning of common carriers
and making them subject to the re-
Quirements Of the provisions of the act
of the legislature approved April, 1895,
entitled an act requiring express COM
panies to file with the railroad and
warehouse commission copies of their
schedules Of classifications of rates,
fares and charges.
May 3, '95, and again July q, '95, the
commission demanded Of the Adams
Express company that it make such
filings in conformity with the law, and
the company refused.
writ Of mandamus was then is
sued against the company, commanding
1t to file a copy of it's schedule, show
between points in Minnesota on and
over the line of the st. Paul & Duluth
road, or to show cause why it should
not do so.
The alternative writ was signed by
Judge Otis, and the matter came on
for hearing before Judge Egan at a
special term of the district court, Dec
q, '95, upon defendants motion to
quash the writ.
The motion the court denied. In a
memorandum attached to his decision,
Judge Egan stated that the general
laws of 1895, chap. 152, defined what
constituted a common carrier, and en-
powered the commission to assume the
same powers with reference to ex-
press companies that it now exercises
In the case Of common carriers. AS
Stunning to act in pursuance of such
authority, the commission sued out an
alternative writ of mandamus against
the respondent which was ordered serv-
ed on j. w Owens, the general agent of
the respondent company, then conduct
ing its business in this state. The re-
spondent appeared and filed affidavits
showing that the respondent is a Joint
stock association, that its members are
non-resfdents, and therefore without
the jurisdiction of the state law.
The question presented according to
Judge Egan, was one of great public
Importance, in view of the fact that
the greater part of the express bust
ness of the country, especially of this
state, is carried on by such associations
If the contention of the respondent was
sound, it would follow that the act of
1895 would prove ineffective in every
attempt at the regulation of such bus
mess, when carried on in this state by
nOn-reSidentS
In the opinion Of the lower court,
the service was sufficient to give the
court jurisdiction, an express author
ity for such being found in the general
laws of 1891, chap. 106, and in this con-
tentlon he is sustained by the supreme
court. The defendant appealed from
the order of the district court, March
II, SO. The title and syllabus of Judge
Collins is as follows
1. That part of G. S. 1894, Sec. 399 which
provides that the courts may direct the man
ner In which notice may be given to the
common carrier proceeded against is not vio-
lation of the constitutional provision which
forbids the delegation of legislative powers to
been delegated in Sec 1919 which provides
that the court or judge allowing a writ of
mandamus shall direct the manner of serving
the same.
2. The provision in Sec. 399 which au-
thorlzes the court to direct service to be made
upon the agents or servants of the carrier is
not open to the objection that by such serv-
ice an attempt is made to obtain iurisdic-
ton over the carrier without due process
of law.
8. At common law the courts have all
ways possessed the right and authority to
direct the manner of service of writs of man
damus and with respect to service upon pri-
Vate corporations the rule has been that sery-
ice should be made on the head officer or