The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-08-18

NO Arguments Were Made by Rep
resentatives of Various Lines, but
Thirty Days Were Granted In
Which to File Briefs-City AttOr-
ney Stewart Appeared for St.
Cloud Parties.
A hearing was granted yesterday IN the
Federal court room before Judge Knapp,
of New York. chairman, and Hon. j.
d. YCumans, of Iowa, members Of the
Interstate commerce commission, in the
controversy between the city of ST. Cloud
and the Tneston Milling company, of st.
Cloud, petitioners, and the Northern Pa
ciho railway, over freight rates publish
: ed by the defendant company, alleged
to have been in force in violation Of the
long and short haul clause of the inter
state commerce act. The session opened
at 1879 yesterday forenoon, and continued
until 1870. Testimony on both sides was
introduced, but no arguments were heard.
Chairman Knapp ordered briefs submit
ted, and granted thirty days in which to
file.
City Attorney George W. Stewart ap-
peared for the city Of St. Cloud, and At
torney d e. Lyon, of Dubuque presi-
dent of the Tileston Milling company, for
the other petitioner. The Northern Pa
cinc's case was handled by J. II. Mitchell
and l.. r. Chamberlain, Of the legal de-
partment of the defendant company. The
petitions of both the compliments were
Identical with the exception that that Of
the city of st. Cloud referred to freight
rates in general, and that of the milling
company particularly to- flour rates.
- The Northern Pacific on May 4, 1899, ap-
piled to the railroad and warehouse COM
mission of the state for permission to ap-
ply a tariff similar to l. c. c. 1859, over
which the controversy arose, between the
cities and Duluth terminals. The commits
sion refused permission and the tariff
was put in effect under the company 5
number, 1884 on May l6, 1899, publishing
rates on all classes and grades of mer-
chandise and carload classes between the
Twin Cities, Minnesota Transfer and
other points and West Superior, st. Louis
and Walbridge Wis, taking it out of the
Jurisdiction of the state commission. The
complaints made before the commits
. siCners aIege that the road in this man
ner put in tariff between the cities and
West Superior, making a shorter haul in
cluded within a longer haul and, though
st. Cloud was seVenty-Ave miles less dis
liant from the ST. Paul terminals than
ST. Cloud refused to accept, under the
Eerms of the tariff, shipments from grain,
flour and merchandise except those spe-
officially mentioned at through rates to
The East or to terminals at the head of
the lake. The contention was raised that
the refusal to apply an intermediate rate,
less than the through rate to terminal
i
legal under the interstate commerce act.
H. was also alleged that the Northern
Pacific accepted through shipments to
New York rate points from Anoka and
blk river at 211z cents, while St. Cloud
fniliers and shippers were compelled TO
BAY the rate of 1872 cents to Duluth,
plus 1872 cents additional 10 the same
points, making through charges cents
higher than those offered Anoka, and
other competitive points. The complain
ants allege further that the refusal to
apply the tariffs 30 St. Cloud constituted
q gross discrimination and a violation of
the interstate commerce act.
The Northern Pacific through its at
torneys agreed to the statements of the
complaints so far as they related to rates
from ST. Cloud, and opened their defense
with the proposition that the road put
in the through rate in competition with
4he Omaha, St Paul e Duluth and East
of its route, 241 miles from the cities to
the head of the lakes, could not apply
Vocal rates ]. NJ. Hannaford, vice presi-
Dent and general traffic manager, was the
FIRST witness called. He stated that he
bad ordered the shipments Of the Tileston
Milling company, as shown on the audi
tors records examined, and had found
That but three cars of flour had been
consigned over the Northern Pacific in g
perIod of two years. He alleged that the
situat ton Of the Northern Pacific freight
Sheds at st. Cloud was such tina the Tiles
ton companys is compelled to switch cars
over six miles of tracks to connect. He
denied that the St. Cloud shippers had
reason to complain, as it has never been
customary for them 10 ship to the head
of the lakes, via the Northern Pacific
Jnder examination, his testimony was as
follows:
I'VE applied to the railroad commits
zion for permission TO apply through
rates to the head of the lakes and were
refused. The tariff was republshed May
IS to Wisconsin points, throwing it un-
der the control of Tho interstate com
mission. Our tariff is exactly the same
as the one in force over the other three