The Saint Paul globe., 1897-08-19
TO APPEAL Y CASE
HANLEY FALLS DEMAND FOR
CONNECTION OF TWO RAIL-
ROADS
NOT TO BE COMPLIED WITH.
PAIRING AN APPEAL FROM THE
DECISION
FILED IN THE CASE LAST WEEK.
the Order Is Not Sound
Law.

1t was learned yesterday that the
Great Northern and Minneapolis & st.
Louis roads will appeal from the de-
cision of the district court, confirming
the order of the state railroad and
warehouse commission requiring them
to put in Y at Hanley Falls. It is
understood the roads will contend the
order is unconstitutional, and that rail-
roads cannot be compelled to acquire
additional land, construct tracks and
extend their line in a manner not con-
templated in their charters The fur
ther contention will be made that they
cannot be made to yield up the con-
tIol of their case or to, enter upon an
agreement as to rates with other lines,
or to agree which shall be made to col
lect such charges In the first instance
Finally it will be argued that the Or
der is to all intentS useless, as it will
be impracticable to make transfers
upon single Y track, and that with
out the construction of facilities not
provided in the law, to be used in con
nection with the track, the track would
be useless.
The railroads legal representatives
point at the same time, and that,
therefore, property left in cars away
from station will be liable to theft
or damage stock will be left waiting
unattended, and that these and other
reasons will be urged against the en-
forcement of the order. The story of
the case is as follows:
Proceeding was commenced before
the commission against the Willmar
& Sioux Falls and the Wisconsin, Min
neSota & Pacific roads under the law
of 1898, which provides that at grade
crossings railway companies shall con-
Struct a connecting Y track, so as to
admit of transferring cars from the
tracks of one to the tracks of the
other. The law also provides that one
company shall permit it's own cars to
leave it's own tracks without it's own
consent to be moved over the tracks of
the other to destination, and that the
company shall make through billing
and through rating at its own rates,
thus in effect compelling railroad COM
panies to enter into agreements to give
each other the use of cars, and con-
cerning rates and charges for trans
portation. In this particular case 1t
appeared that neither of the companies
owned lines upon which the connect
ing tracks could be constructed; that
about forty rods of land for right of
way must be acquired. The question
would then naturally arise which COM
pany must acquire the land, which pay
for it, and may either be compelled
to acquire additional land.
No question seems to have been
raised but that each company owned
all the land necessary for the purposes
of it's charter and for its road, as orig
inally constructed. The companies con-
~. e. II
first constructed happened to be near
the one constructed years afterward,
does not impose upon either of them
the burden or obligation of acquiring
land not contemplated in the charter,
or of constructing an addition of great
er or less length or acquiring land for
the purpose. The law further requires,
so these legal gentlemen say, that, if
Cne road will not consent to allow its
cars on the tracks of another, and
thus out of it's control for an indefinite
PERIOD it SHALL at it's own expense,
transfer the load from it's own cars
to those upon the other track, and, if
the companies will not agree upon
joint rates and the expense of building
additional tracks, the railroad and
warehouse commission shall fix the
amount each shall pay. In this par
ticular case there was no question of
rates.
IL was admitted there was better
market for fat cattle in st. Paul and
Minneapolis than in Omaha and Sioux
City; that in the fall of the year fat
cattle could be sold to better advan-
tage in the last named towns than
elsewhere. The distance to these places
via the Minneapolis &S st. Louis road
is greater than by way of track con-
nections at Hanley Falls, and it is ad-
mitted that the loss which arose from
shrinkage in weight came from the
confinement during the transportation
over the longer line.
Another reason urged for the crossing
was that wood could not be purchased
as cheaply on the Minneapolis & ST
Louis as on the Great Northern on it's
Park Rapids and northern lines. The
evidence In the case showed that there
was a track connection in the yards at