The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-21
LEGAL PROCEEDINGS NEXT.
BECOME LAW VERY
SHORTLY.
List of the Measures That VIII Find
Their Way to the Gov
ernor.

ton of $4,000 for the attorney general
to take steps toward the recovery. of
any lands Illegally held hereunder
were the feature of the last working
day in the senate session of 1897.
H. f. 1872, the Schmidt bill to rebate
the royalty for iron ore output to the
smelter, first stirred up a row. Senator
Spencer had tried to get it passed be-
fore adjournment Monday. Senator
Barr his neighbor, asked it yesterday
morning. Senator Yale objected to the
suspension of the rules and a call of
the senate was had. Senator Yale
finally withdrew his objection and
then Senator Iltis interjected one. He
said there was money in the bill which
it was going to take from the state
treasury.
Senator Morgan said the bill was
aimed to encourage the smelling of
ore in Minnesota. and when the bill
/ finally came to a vote there were
thirty-six votes to put it on the calen-
dar.
1t was then decided to call the roll
| alphabetically and permit each senator
to call up a bill for passage under
| special order and the calendar
But the Iron Range forfeiture bill
was lost, and the calendar had to be
taken up.
Shortly before noon, the Iron Range
forfeiture bill having been found in q
desk in the Judiciary committee ROOM
the special order was taken up. Sen
ator Young explained that in 1875 the
legislature made a grant to aid in the
construction of a railroad by the
shortest and most feasible route from
Duluth to the northeast corner Of town
so north, range II west. a distance in a
direct line of a little over sixty miles
/ The present road, while following any
thing but route consistent with the
| conditions of the grant, claimed 600,000
acres of land Lest the revocation or
the grant should let these lands revert
to the Duluth and Winnipeg, the judi
GARY committee had amended the bill
so as to repeal that grant also.
Senator Spencer said he was not
prepared to vote for the bill, although
if he was convinced that the grant was
not earned, the bill was just.
There was no opposition. the vote
being As to 0.
The companion bill, H F. GIL, pro-
viding for a commission to investigate
the matter was laid over until after
the noon recess. Senator Howard Of
fered an amendment cutting the appro-
priation to $4,000, and placing the bur
den of the work: on the states legal
department. Senator Wymana wanted
it $4,000; Senator Miller $12, 000; Sena-
tor Young, however, did not see it that
way. He pointed to the results of the
pine land investigation. a5-
Senator Yale said if there was any
occasion to carry that grant into the
courts, the attorney general should be
the man to fight the case. If there was
not to be any litigation, then the state
would not lose any right in the next
two years.
Senator Wyman spoke in behalf OF
the $4,000 amendment although he
thought that less might do.
Senator Young said that the pine land
prosecutions were forced in opposition
of the advice of the then attorney
! general Senator Miller wanted to
know if the suits were not prosecuted
by the attorney general.
Senator McHale argued for the bill
/ The moral influence of such an investi-
! CATION of the grant would compensate
the state, even if it did not result in
| restoring the grant or the equivalent
of it. {r
Senator Morgan insisted that the at
torney general should pursue the in.
quiry and Senator Schaller cited the
pine land investigation to show how
a small appropriation had resulted in
securing a great revenue to the state.
The appropriation was cut to $4,000,
! and then the amendment to substitute
| the attorney general for the commits
sion was adopted by vote of 81 to 16,
| as follows:
Yeas-Barr. Cole, Collester, Culkn Curr:er
Durham, Dunn. French, Fuller, Greer,
Hodge, Howard, johnson, A. g., johnson, W.
E., Jones, Keller, Larson, Lloyd, Mes.erman,
Miller Morgan, Ozmun, Potter, Potgieser
Roverud, Sevatson, Smith, Spencer, Sperry,
Stebb.ns, Stockton, Swen;ngsen, Theden
| Whitney Wing, Wyman, Yale-37.
! Nays-Cronkhfte, Hanna, Hanson, Hene-
! man. Iltis Knatvold Macarthur, McHale, Pc
terson. Reshus, Rngdal. Schaller Sheehan
/ Thompson, Thorpe, Young-16.
Senator Miller called up the amend
| ed bill to give effect to the decisions of
| the railroad and warehouse commits
sion, as reported by the special COM
| mittee. The bill is practically a sub
stitute for H. F. Is and S. F. SO. the
Jacobson and Miller bills, and is as
| follows:
| Amend H. F. IS, by striking out all
after the enacting clause and substitu-
! ting therefor the following:
! Section l. Whenever any proceeding is
/ had under the provisions of any law of this
! state before the railroad and warehouse COM
/ mission for the reimbursement, reduction or
! alteration of any rates or charges made by
! any railroad company for the transportation
! Of persons or property over its line, or for the
/ establishment or alteration Of any classical
/ ton or property to be transported by any
railroad company, and where said commits
/ SIGN makes an order in any such matter and
| the railroad company affected appeals there
/ from to any district court, the order made by
said district court on said appeal shall go into
! effect Immediately. And in case of any appeal
! by any railroad company affected by such
order or Judgment of the district court to the
/ supreme court of said state, such appeal to
/ the supreme couCt shall not stay the operation
! of the order or Judgment of the district court
/ SO appealed from, unless the supreme court,
1 on proper showing after said appeal is made,
! directs stay of such order of the lower
court and unless sad railroad company ap-
! pealing files with the clerk or the district
! court a good and sufficient bond, in such
| amount as the Supreme court shall direct
/ conditioned that in case said order appealed
4 from is confirmed by. the supreme court said
/ railroad ccmpany VIII repay to any and every
/ passenger who has, during the tendency of
said appeal, paid any fare in excess Of the
/ amount fixed by'.order of the district court,
! and to any consignor or consignee of any
/ property carried or transported by said rail-
! road company the amount he or they have
/ paid as freight for the transportation Of said
/ property in excess -of1the amount fixed by the
order and Judgment OF the district court,
i supreme court Of this state or the supreme
| court of the United States.
/ And it is hereby declared that any such pas
! senger and any such conSignor or cons.gnee
| of reight shall have valid claim against any
| such appealing railroad company for any
amount paid as above provided, during the
tendency of said appeal, in excess of the
| rates fixed by the order or judgment Of the
district court so appealed from; and in case of
any such afirmance on appeal a person hold
| ing any such claim for excessive charges may
| recover the same in any court having jurs-
| diction together with costs and reasonable
/ attorneys fees against the appealing railroad