Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1899-07-07

land the administrative power respec-
lively. This distinc tion must be borne
in mind in order to understand the diff
ferent provisions of the statute and the
decisions Of our Supreme Court pursu-
ant to them. : III III s. ~, : 49,.
In proceedings under the first class Of
questions, VIZ: Those that involve the
rate making power and the prevention
| OF determinations, the railroad COM
pany has the right Of appeal to the Dis
trict Court from the determ ination of
the Commissioners. See7 Subdivision D
of Section Is of the. Act: page II Of
the pamphlet which I send you here
witty. In the other class of cases,
which relate only to administrative reg
ulations, there is no appeal from the
action Of the Commissioners to the Dis
trict Court. The propriety of their de-
termination can only be inquired into
upon suit instituted for the enforce
ment of the Commissioners decision.
See the case cited, A Mimi, page 1886.
The STEVENSON case," which is the
most important case that we have had
in our courts under the law up to the
present time, was decided upon q re-
view of the action taken by the District
Court upon the trial of an appeal taken
from the Commissioner decision pre-
scribing lower rates. See the statement
Of the case by Judge CAVITY on page ia,
Vol. r., Northwestern Reporter. He
says: ''After summoning the railway
company and having hearing, as pro-
vi1o1 hv-f tho bot, 70 fho
made an order reducing rates on grain
on all the lines of the railway company
within the state. From this order the
railway company appealed to the Dis.
trict Court and after hearing on the
appeal, the Court reversed the order
of the Commission. From the order
of the Court the Attorney General ap-
peals to this Court, etc." This appeal
was taken under Subdivision D, Section
Is, just cited. A trial in the District
Court upon an appeal of that character
is undoubtedly the most important fea-
J ture in proceeding under the law, for
upon the record as there made the case
! will be reviewed by the Supreme Court
and eventually in the Supreme Court of
the United States, If writ of error is
taken to the latter Court. This trial in
the District Court upon an appeal is
now virtually a trial de novo, as sug-
gested in my message, and it was this
section that recommended should be
amended so that it would not be neces-
sary to 60 over again in the District
Court the same ground that hads been
travelled before the Commissioners, for
retrial upon new evidence necessarily
consumes more time.
Senate File No. "a did not assume to
correct this defect, as you appear to
think, but steps in to amend Section %,
page 20 Of the pamphlet, which simply
relates to the enforcement of the orders
or decisions of the Commission. These
orders or decisions are Of two kinds: Ad-
ministrative orders and final orders or
decisions involving the rate making
power, when such orders have not been
appealed from to the District Court. In
regard to the latter class of orders,
where the railroad. company had the
right Of appeal if they saw fit, it is a
well settled principle of law that where
an individual or corporation has liti-
gated question before q tribunal upon
the merits and had the right Of appeal
from the order or decision of such tri-
bunal to tho District Court and omitted
to exercise it, 1t cannot subsequently,
raise any question as.tp the merits of
tho order or decision when: it ID sought
to secure. enforcement Of such
order or decision in the courts. It
stands upon the Same footing, when not
appealed from, as Judgment of: the
District Court rendered upon an appeal
under the provisions OF Subdivision D
Of Section is. Therefore, when such an
order comes up for enforcement in the
District Court, no question can be
raised as to its validity OK its reason
ableness, provided the company had
due notice. Hence the only class of or
ders or decisions that can be fitigated
under the provisions Of Section ~,
which you sought to amend by Senate
File "a, as the law now stands ara those
relating to administrative proceedings
You will observe by Subdivision b Of
Section Is that on the hearing Of the
appeal provided: for; "a that section s:.the
record Of aid Commission: shall he
prima facie evidence Of the mAtters
therein stated" The same pnoyision
exists IN Section 20 in regard b pro
oeedings for the enforcement Of tbeo Or
Edars or decisions Of the Commission
under that section. 1t is provided
commencing on Page 28l upon q
tzi1 of such case. the findings az fact Of