The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-16


cision Signal Victory for j. p
jacobson and the Railroad and
Warehouse Commission.
Judge Canty yesterday handed down
q decision which sustained the consti-
nationality Of the 'Y'' law, passed by
the legislature of 1895, through the
| efforts of ]. p. jacobson, who was at
the time member Of the lower house.
The law requires that railroads cross
ing each other from opposite iirec-
| lions shall construct a curved switch,
or what Is popularity known as a ~"
to facilitate the transfer of traffic for
the benefit of interstate business.
The decision is looked upon as a sig-
nal victory by both j. p. Jacobson,
the respondent. and the railroad and
| warehouse commission, who have de-
| Tended the cOnstitutionality Of the law
| since Its validity was first called into
| question.
| The decision was handed down upon
an appeal from the order of the rail-
ing the Wisconsin, Minnesota & Pacific
Railroad company to construct a ''Y"
to the Willmar & Sioux Falls branch
| Of the Great Northern railroad.
| The question has been fought in one
| form or another for the past ten years.
In 1895. Representative jacobson Sc
| cured the passage Of bill compelling
connections and to transfer cars from
one line to the other without cost,
which enables shipments in many
cases to be sent to their destination
| by shorter routes. The law provides
| that the charge for transportation be-
tween the points which could be reach
| ed by intersecting lines should be no
| ia fo ha
shortest route by which the shipment
| could be made.
| The case was first brought before
the railroad and warehouse commits
| sion and then the courts were resorted
to by the railroads, to secure relief
from the order of the commission.
1t is said that the shippers Of wood
and live stock in the western part of
| the state are responsible for the move
ment which resulted in the passage of
this law. The attempts Of these ship
pers to secure additional shipping
| privileges has resulted in no end of
| litigation. Previous to 1895, a similar
measure was introduced at nearly ev-
! cry session of the legislature for a
number Of years back.
! The law says that interested persons
may apply to the railroad and ware
house commission to compel the rail-
roads to put in such switching accom-
| modations.
| Mr.. Jacobson was the first to make
the application to the board. The two
| roads parties to the action crossed
| each other near Hanley Falls, MINI.
| Pursuant to law, the commission or
| dered the tracks built The order call
| ed for the construction Of a curved
switch 776.S feet in length.
| Both roads appealed to the district
court, which, in turn, affirmed the or
| der of the commission.
The following is the syllabus Of the
finding Of the supreme court:
| Jacob P. Jacobson, respondent VS.. The
Wisconsin, Minnesota & Pacific Railroad
Company ct al, defendants; the Wiscon-
pany. appellant.
Syllabus. l.. Where the putting in of
switch at the crossing Of two
| from one road to the other, will benefit
both state and interstate traffic.
Held, there is concurrent jurisdiction in
| the state and federal authorities to order
| the putting in of such connection
Held, it sufficiently appears that there
Is In this case such necessity for the CON
fit which will accrue to state traffic alone.
that the state railroad and warehouse com
mission were warranted in ordering the con-
nection to be made.
But held further, on the appeal from the
order Of the commission, the burden was
on the appellant railroad companies to
",
failed to maintain that burden.
q Held, chapter 10, General Laws 1887,
as amended by chapter 81, Laws 1895, does
contravene either the federal constitution
or the constitution Of this state in con-
ferring upon the commission power to re-
| quire the making Of such a connection, the
transfer and interchange of loaded cars, and
the making of joint rates for through ship
ments when part of the haul is on one
and part on the other of the two connect
ing railroads. Judgment affirmed.
| -Canty, ].
| ing three decisions, affirming the order of the
| lower court in one case and reversing it In
two others. The decisions filed yesterday
were the first during the April term of thu
| supreme court.
Charles G. Lawrence, respondent, vs. the
London and Northwest American Mortgage
COMPANY Ba,yy. limited. substituted for City of
After the description Of the premises the
mortgage contained the following clause:
This mortgage excerpts from the within
description, all that part already taken and
granted for Dakota avenue At the time Of
the execution of the mortgage proceedings
33-foot strip Of the land along side the ave-
nue. for the purpose of widening It, the city
had graded the strip and the public were
using it as part of the street Suisse
quently the condemnation proceedings were
Held. the 3s-foot strip was excepted from.
| affirmed. -Canty J,
| The Commonwealth Title Insurance and
| Trust Company of Philadelphia Pa, re-
spondent VS.. Engebret X. Dokko, appel
| liant.
1. When the objection that the complaint
| does not state cause Of action is made
for the first time on the trial, the complaint
will be sustained if by any reasonable in
| tendment it can be held to contain fair
| inference of the necessary facts
| q Where a trespass has been committed
held. the owner Of the real estate cannot
waive the tort and sue the trespasser on
contract for use and occupation or rent due
from him as tenant Order reversed and
| new trial granted. -Canty, ].
Charles Nckerson, appellant. vs.. The Wells
Stone Mercantile Company, respondent.
When an unrecorded chattel mortgage is
efectual as against the mortgagor, 1t is also
| efectual as against subsequent mortgage
or purchaser unless it appears that he is an
| innocent mortgage or purchaser for a
| valuable consideration. Order reversed and
| new trial granted. -Canty, ].
RUN OVER BY A WAGON.