The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-26
BUT REACHES NO DECISION.
EtLNGDAL BILL TO ABOLISH THE
COMMISSION WILL BE INDEFI-
NIT'ELY PO.TPONED.
In Deciding That the Present Conn
mission Is Not Deserving of That
Fate.

ator Miller'S bill, known as senate file
30. amending the powers Of the state
railroad and warehouse commission
and requiring the railroads to limit
their testimony in all cases in the
courts upon appealed cases to the tes-
timony submitted at the original hear
ing before the railroad and warehouse
commission. M d. Grover, general
counsel for the Great Northern; G.
w. Bum, general counsel for the
Northern Pacific; Judge Thos. Wilson.
general counsel for the Omaha. and
Judge Chandler, representing the Mil
Waukee road, were present, although
the last named took no part in the dis
cussion. For the railroad and ware
house commission, Judge Mills was in
evidence
Mr.. Grover made the opening address
against the proposed bill His conten-
ton was that the bill does not pro-
vide the right of appeal from the de-
cision of the railroad and warehouse
commission and that the railroads are
deprived of the rights accorded to the
humblest citizen in the courts of the
state.
you should remember, gentlemen"
CC~AO NIL IIONSI, GIldI InlS law does
not affect great corporations so much
as 1t does the people. This measure
proposes to place in the hands of the
commission the rights of corpora
t1ons representing $1,000, OO0, 900, but you
must also remember that the stock In
these corporations is owned by thous-
ands of persons and whatever affects
the interests of these railroads also
touches the interest Of these people.
This law says that the courts shall
take or hear no evidence except thar
which has been passed upon and adj
mitted by the railroad commission. a
purely administrative body, without
Judicial powers. Are the railroads to
be deprived of the right Of fair trial
before the same courts that are open
to the humblest citizen? That is Just
what this measure proposes. What
we ask, and what is only a fair de-
mand, is that we shall have the right
10 falr trial in the courts either by
appeal, by mandamus or Injunction"
When asked what advantage the
measure under discussion would be to
the state and to the commission in
prosecuting cases against the railroads.
Judge Mills said it would enable the
OOAAAAA1A@oAOAA " OAptQlIS cases so LflclE
the commission might know the evil
dence the railroads expected to offer.
At present. he said, it was the practice
OF the roads to offer one line Of evil
dence before the commission and then
present new evidence when the cases
came up in the courts on appeal.
Judge Wilson commended that the
courts should have absolute Jurisdiction
on the final disposition Of all cases.
The court that tries the issue must also
try the tactS as presented by the evil
dence." he said. 1T is better for the
court that he see the witnesses person.
ally that he may judge their credibility.
One mans affidavit looks as we'll as
that OF another on paper, but there is
a vast difference in the value of wit
nesses, and any judge would prefer to
nave the evidence given in his hearing
and not submitted in documents pre-
pared and passed upon by the railroad
commissioner prosecuting body, with
out judicial functions"
Senator Miller in defense Of the bill.
said that he was satisfied that the best
ends of the roads as we'll as of the
public would be conserved by the pas
sage of his bill. 1T is better that the
railroads accept this measure, which is
mild in its restrictions, than that they
should some day be obliged to con-
front some of the drastic measures that
clI e SCHl W IIilS committee. Ana some
one of those bills will pass this com
mittee some day unless the restrictions
here mentioned, either in the form here
submitted, or in modified form, are
incorporated in the railroad laws Of
the state" Senator Miller then Quoted
from the decision Of Justice Mitchell on
the rights Of the commission in the
famous STEVENSON case.
Mr.. Bum said that if the suggestions
of Senator Miller and his bill should
be projected into the statutes the hear
ing of railroad cases would become al
most interminable. THE railroads do
not seek to make delays in the trial of
cases against Them" he said And if
you permit the introduction of evidence.
as suggested as an amendment, here to-
day, you have only the present law,
and there is no necessity for any new
legislation"
Senator Miller-But the railroads do
not now appear before the commission
when summoned to answer hearings.
Mr.. Bunn-They do sir 1 ask
Judge Mills to substantiate this state
ment
Judge Mills-Yes, they answer almost
every complaint.
Senator Keller-I will not vote for
this law. There is no necessity for it.
The people of this state don't have to
get a railroad commission or a special
make a large shipment of grain or mer-
chandise, or machinery up in my section
Of the state, and if 1 think the rate
too high, 1 go to the railroad people and
make a kick-and l get the rate such
as think reasonable.
Senator Miller-Do you get a special
rate, senator?
Senator Keller-No, sir. I don't need
to ask the railroad commission nor the
state senate to fix my rates. This is a
free country and 1 may be talking too
much, but L want to say that | will
never vote for this bill. We don't need
it.
Senator Young also opposed the pro-
posed measure, and the committee final
ly went into executive session with the
understanding that action would be
taken at once. But such action was
deferred for the present
The decision of the committee was
that S. F. 331, the Miller bill, giving the
railroad and warehouse commission au-
thority to inquire into rates without the
incident Of q complaint, should be
recommended to pass, and that the
Ringdal BILL providing for the aboli-
ton of the commission, should be
recommended for indefinite postpone
ment