Willmar tribune., 1899-07-05

ing time. The protracted delays resorted
to BY the railroad companies on all proceed
1ngs against them Is. as you we'll realize.

80 SAAAAO.5zEA AO YlOOA0SCCN Au0A0yo EVSOEk0u |
to BY the railroad companies on all proceed
1ngs against them Is. as you we'll realize.
j.. THE WORST FEATURE ..~
in the ADMINISTRATION OF the law that we
have to contend against. The provisions of
Senate File p, instead of tending to curtail
and prevent delays, seem especially calcu-
lated to further, them. The proposed
amendment. Senate File No. -, provides
that the commission should report to the
court the papers and testimony taken be-
fore 1t and further, that II the court ."shall
think it needful, that additional Inquiries
be prosecuted, 1t shall recommit the matter
to the commission to prosecute such in
Qutry." Now, If you know anything about
legal procedure, you know that it would be
Infinitely more expeditions for the district
court to try and dispose OF the cate before it
in its own way than send q portion Of it
back for rehearing or for the taking of ad-
dittonal evidence before another tribunal.
You also know or realize that If this provi-
sion had become a law, the first thing that
the railroad company would have done upon
report being filed in the district court,
would have been to make innumerable mo-
tiOns. all OF which take not less than ten
days notice, to have this question and that
question and the other recommitted to the
commission for the taking of further evil
dence. But this is not ALL
NOR THE WORST FEATURE
OF this provision. The proposed amend
ment provides that the commission might
be called upon or it might in its own discre-
tion rehear and consider all the questions
'involved in or connected with its order or
requirement. to enforce which the petition
was filed. such rehearing to be had upon all
additional evidence in connection with the
whole record fled with the petition, as above
provided, and may thereupon make and file
In the case with its report and return of evil
dence taken, an amended or supplemental
order, which shall then be substituted for
the original order or requirement Of the
commission" When this amended or sup
Elemental order was brought in, it would, of
course, be subject to the same power of the
court to be recOmmitted, and so on without
limit. Now, although realize that you are
not lawyer, 1t seems to me that when you
consider these facts. especially II you viii
take the trouble to confer with some compe-
tent practitioner, or say Judge Brown, you
will see that am correct in saying that
these provisions seem. especially calculated
to further delays. You will also observe
that these are very different provisions
from those that I recommended and this
subject was not new to me. had it up in
all Its phases when a member of the COM
mittee of Interstate and foreign commerce
OF the house of representatives. and then
arrived at the same conclusions which
guided my action in this matter
nil 0sc ,1<sr r{%I,
the attorney general. Why should L?
Would you ask anybody's advice upon u
plain proposition where your duty was
clear? But
MAKE THIS SUGGESTION
to you. You are ut liberty to submit this
letter to the attorney general and take his
views upon the questions which have dis
cussed. am surprised, in view of your ex-
perlence In the senate and the judgment
which you entertained and expressed of the
majority of your colleagues, that the fact
that this bill was permitted to go through
without opposition was not sufficient to put
you Oil your guard, especially after the pas
sage through the senate with only three dis
senting votes Of the Shellbach bill, which
would have repealed the Anderson law tax
and received my approval. With such ex-
per1ence fresh in your mind, it seems to me
that you might have scented the wood
chuck in Senate File No. a
fyou require further information to en-
able you to understand this subject, let me
know and will cheerfully furnish it. In
the meantime, denounce every statement
and inuendo contained in your several ar
ticles bearing upon this subject as absolute
ly false; and rs q small measure of repara-
tion, demand that you retract your char
ges and that you give this letter such pub
hclty In your paper as you have given the
ltbelous articles referred to. Yours truly.
JOHN LIND. Governor.
Summarized in few words, the let
ter makes the following clear: The
Governor in his message recommend
ed making the records of the commits
sion the record on appeal, in order to
expedite business. Such amendment
should have been made to Sec. Is o1
the act. The Miller bill amends Sec.
u relating to administrative orders.
1t leaves out of that the provision
throwing the burden of proof upon the
railroad corporations. thus throwing
it upon the commission. It opens the
door for endless litigation by enab.
ling the railroad corporations to gel
part of the findings referred back to
the commission again and again.
This would practically destroy all the
power of the commission and leave
the railroads without restraint.
: This is the bill that Feig calls "the
most important bill in the peoples in.
terest introduced all winter" Ir
heavens name, what kind o: bills were
the rest of them? It was an infamous
attempt to destroy the power of the
commission, under the cloak of an ap
parent increase of power. There il
little doubt that the members of bott
houses were fooled by it. The bill
passed both houses without opposi
tion. We ought to be thankful tha
we had q governor wile-awake enough
to discover this trap in the rush O.
business at the close of the session
and with courage enough to veto 6
bill that on it's face looked so favor
able. >.,-,">.. ..r: .- 49,:
Mr.. Miller had the manhood to re
tract his charges after reading thu
Governors letter. Win Feig be hon
est enough to acknowledge his :1nis'
take? twill of course he difficult tc
make q graceful descent after climbing