The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-01-13

however. linen the speaker demanded:
This committee would like to know if it
| is in the power of this commission to COM
| pei the railroads to put in track scales
| for the purpose of weighing grain. at ship
| ping points. We believe that it is within
! the power of the commission, and are here
| for the purpose of hearing your opinion.
DO you think that, in the absence of leg
| islation, this commission can compel the
| railroads to do that which they do not
| wish to do?' asked Commissioner Kings
| ley.
| well, as a lawyer, don't you think
| the commission can compel the railroads
to do everything in their power to protect
| the rights of the people?" returned Mr.
| Rahily. Commissioner Mills interrupted
| with:
THE courts have decided that we. as
| commission, cannot go beyond the pro-
! visions of the statute. There some
| general provisions in the statute which
/ might cover this point, but hardly think
| that We order the railroads to put in
| track scales. Under the statute we have
ordered side-tracks built, and we might
| reach the lines in the same way in this
| matter.
What is the difference between order.
ing side-tracks built for the accommoda-
tion of shippers and track scales for the
same purpose?" asked Mr.. Rahilly
THAT is a question for the legislature
| to determine said Commissioner Mills
| Cannot the commission compel the rail.
roads to build any convenience at any sta.
tion to protect the rights and property on
| the public?" asked Mr.. Rahilly
''That is q OuaStiop for tho loo;SIot,,r 70
determine" said Commissioner Mills.
Cannot the commission compel the rail-
roads to build any convenience at any sta,
| ton to protect the rights and property Of
| the pubic?" asked Mr.. Rahily
1.-THE question of jurisdiction arises" said
Judge Mills. But my view of the matter
! is that we cannot order the roads to build
track scales
Commissioner Kingsley then said: THE
| law expressly provides that the commits
sion can act only when specific complaint
is made, no matter what the right or wrong
of a question may be. When a complaint
is made and filed with the commission.
then we can investigate. This question of
| scales has never been before this body be-
fore, and therefore, under the law, we can
! not give an official expression until COM
! plant has been formally lodged with u.s.
! The same is true to rates. We cannot
consider the determinations which Mr. Ra-
! hilly speaks of until the filing of complaint
| setting forth the offending line; when,
where and by whom the exhorbitant rate
was made, and all details necessary to
| bring the matter before the road in form
of definite complaint. The interstate
| commerce commission has a right to in.
vestigate matters of its own voliton, but
| this commission cannot. The district
courts have held that the commission
can only act on complaints
Farmers are not lawyers" said Mr. Ra.
hllly, with some asperity. What we want
to know is, if the farmers make complaint
| will the commission give our complaint con-
| sidera tion?"
'Certainly," responded Mr. Kingsley
I'VE will then determine whether we have
| jurisdiction.''
"Will my oral statement, made here to-
day, if verified, be sufficient to bring the
! matter before the commission in the form
of complaint" asked Mr.. Rahily.
You cannot file an oral complaint said
| Gen. Becker. ''The complaint need not be
in formal language but a copy must be
sent to the road against which the charge
| is made"
| Gen. Becker then gave a review of whax
the commission had done during the past
| two years in the matter of reducing rates
in the northern part of the state. 1--WE
have been endeavoring to reduce the rates
on the Great Northern road from Crook
| ston and other points in the Red river val.
ley, and the road is contesting every point
nj ,voic w
! ton but the road appealed 1t is test
! case and will determine the power of the
| commission. AS to the matter of passenger
rates, to which you refer, Mr.. Rahilly if
| the complaint is made in the proper man.
ner the commission will take prompt steps
to correct the abuse Gen. Becker said
that the railroads had, as a rule shown
disposition to obey the rulings and orders
of the commission. Where complaint was
made, and the commission was assured that
1t had jurisdiction, if any expense attended
the enforcement of any order to the roads
1t was borne by the commission Thus no
farmer, once having made complaint. and
having enlisted the services of the bodv
on his behalf, would be called upon to bear
any portion of the expense of prosecuting,
| the case
! Mr. Rahilly then, at the request of Judge
| Mills, quoted the rates from Lake CITY to
Chicago, and showed that they were the
same that were charged fifteen years ago.
1t was all very well to say that the rates
in the northern part of the state had been
reduced, while the rates tn the southern
section were as high as ever.
Mr. Meighen said that complaints of dis
elimination and exhorbitant charges were
frequent in his part of the state and that
there did not seem to be any remedy for
the farmer.
Gen. Becker called the discussion back
to the question of track scales ''Would
the farmers be willing to allow the rail-
roads to weigh their grain and give the
shippers a receipt therefore?" he asked.
"Certainly-why not?" was Mr. Rahilly's
interrogative.
well, the scales might not be accurate.
and the railroads interested parties
said Gen. Becker. But the fact remains
! that the shipper would have all the grain
New cook stoves 1915; new Buggy Har
Soc; new Ingram carpets, per yard, 19c
Vo~ VI, n n