New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1899-08-09
COAL RATE CASE.
The Matter to be Carried into the u. s. SUI
preme Court.

Some time ago, it will be remembered,
the New Ulm Commercial Union caused
proceedings to be instituted for tae re-
duction OF rates on hard coal and testi-
mony pro and con was heard in Febru-
airy by the railroad and warehouse COM
mission. Later on decision was given
in favor of the petitioners, the other cit
les along the route receiving the benefit
thereof as the rate thereto was to be re-
duced in proportion. To New Ulm the
reduction was fixed at 55c. per ton, and
it was to be expected that the railroad
would fight against the decision. An ap-
peal was taken, the case was continued
and finally the case was practically
heard Thursday by Judge Bum of the
st. Paul district court. The constitu-
tionality of the law is to be tested.
The commission claims that nnder the
law it has the right to make joint rates,
provided that the rate is reasonable, the
same as it has the right to make rate
for one road. It is admitted that the
law gives the commission this power,
but the Minneapolis & st. Louis claims
that the law IS unconstitutional. They
say that in effect even if the rate is rea-
sonable it forces the roads for which the
joint rate is made into compact with
out asking their consent. But in this
case the Minneapolis & St, Louis claims
that the rate is not reasonable one, that
in fact they cannot carry coal at that
| rate.
The matter was before Judge Bum
Thursday, it being thought that the is
sue could be placed before the court in
a short time and that decision could
be obtained so that the case could be
appealed and placed on the October cal
endar of the state supreme court. But
on the hearing MIR. Clark, attorney
for the Minneapolis s. St. Louis, demand
ed the right to put in evidence on the
question of the reasonableness of the rate.
Judge Bum said that he had arranged
to leave on his vacation Monday and he
only agreed to hear it all during vaca-
ton as short case. If they insisted on
a decision, he would give one, but it
would be such a decision as would COM
pei the supreme court to order trial on
the merits of the case.
Judge Bum said that he would take
the matter up Sept. 30, but at the re-
quest of the attorneys he said that he
would allow the testimony in the case
to be taken before a commissioner and
handed to him on his return.
The case is al important one in that
the question has never before come up
in the United States. It is admitted that
the state has the right through its rail-
road commissioners to fix single rate
on single road and it is of Importance
to know whether or not it can enforce
joint rates. The case will doubtless 90
to the supreme court of the United
States, no matter what the decision in
the state courts may be. It is certain
that it will if the lower decisions are in
favor of the commission. The railroads
claim that such law is IN violation of
the fourteenth amendment OF thu federal
constitution. -.
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