The Saint Paul globe., 1900-12-11
ATTORNEYS TIRED OF II
SAY THEY WILL LET THE RAIL
ROAD COMMISSION CONTINUE
ALONE
MOTION FOR DELAY DENIED
Much to the Disgust of the AttOr-
neys for the Duluth,
Missabe G& North
ern.


arrives this morning is somewhat Of a
question. The Duluth Missabe & North
ern, through its attorneys yesterday
afternoon, inteIposed another motion for
a continuance, which motion was denied
by the commission. The attorneys there
upon led the commission to understand
tnat they would not attend the hearing
further. However the commission will
reconvene at o'clock.
At the close of yesterdays session
another hitch occurred. Near the close
Attorney Murray for the road, submitted
g motion for a continuance of the case
for sixty days-the same motion which
was made at the beginning of the case.
After submitting his motion the counsel
stated that the defendant road had 40
more witnesses to examine at that Tune
anL had exhausted all the evidence which
IL had at hand. 1t was therefore unable
to proceed with the case and would need
the time asked for i'm which to further
prepare its case He stated that since
the commissions order of the hearing the
Official and legal staff of the road had
been diligently 81 work preparing evil
dence, but that they had been unable to
prepare their whole case. Fifteen wit
nesses and as many exhaustive exhibits
had been presented since the hearing be-
gan and the counsel intimated that
double this amount of testimony vas yet
to come. I!2 then produced lengthy af
fidavitS from Chief Engineer Dressle and
Epecial Engineer Abbott, of the road, to
show that all their time and that>of the
engineers force had been spent in tie
lahorioUs campaign of preparation and
even this had failed of rounding up the
sun total of evidence.
COUNSEL MURRAY PROTESTS
Mr. Murray then directed an argurnrrt
to tne commission in which he remarked ]
that no complaint had ever been made
of the eXOrbitant rates by any patron Of
the road. Still further he stated that the
commission was occupying the position Of
both prosecutor and judge and growing
still more fervent in his remarks said
that the commission would be commit
ting judicial murder by proceeding tn
the case
Here Mr.. Knox, of the commission, "e-
minded Mr.. Murray of an Interpretation
which the supreme court had placed Oh
tie duties of the commission, in which
it had held these duties to be admin
istrative and not judicial Mr. Knox pro-
tested that the commission was not SIT
ting as the prosecutor nor judge.
Commissioner Becker called for the
opinion Of the commissions attorney, Mr
O'Blien, as to the proper action regard
ing the motion. Mr.. O'Brien stated:
81 think most of the evidence introduced
by tire railroad has been altogether un-
neces sary and that the case should be
proceeded with"
CoNT!EUANCE WAS DENIED.
At the request of Chairman Ringdal
the commission withdrew and considered
the motion. The result was a denial of
the application for a continuance, with
Commissioner Knox and RingdaI voting
one way and Gen Becker the other.
TEr coansel for the road excepted to the
ruling and asked a ruling On their ex-
ception Another wordy battle ensued,
and after Gen Becker's argument that
the commission had adjourned until this
morning at 8 o'clock and could not there
fcrr consider any further motions pre-
vailed, the company withdrew.
In yesterdays hearing witnesses
were placed on the stand to
prove that the timber and other
resources in St Louis, Lake
and Cook counties were not sufficient to
furnish a support for the Missabe load
and that unless the iron ore mines We're
there the road could not exist. The
witnesses stated that the timber of this
section would, at the present rate, be
exhausted in six or seven years.
Other witnesses were presented TO show
that the cost of reproducing this road
would on cash basis be 81, 49,, ,S27, and
on time, with contingencies added So
b91, 1888. William Smith, superintendent
of engines and cars of the road, was the
principal witness. He also stated that
1T would be necessary to expend $GG. 500 at
a very early date for renewals of equip
ment for the road. By his testimony it
was shown that the road is far behind its
competitors in the matter Of equipment.
f. r. Mcqueen, superintendent for a
contracting firm who had the work of
constructing the three ore docks for the
Missabe company at Duluth in hand,
testified that the total value OF the com
pany's; dock proper is 81, ,9S66 $50. He stated
that the life of these docks is about
ten years
E. T. Abbott, of Minneapolis, was the
next witness and he practically corrob-
GRATED the evidence of the former wit
ness. Mr.. Abbott stated that the ordi-
nary life of a railroad, with steel rails
of the quality on the Missabe road is
from seven to eight years. He stated
on cross-examination that it would he
necessary to replace a road like that
of the Missabe every ten or eleven
years.
Commissioner Knox was asked yCster-
day as to the commissions real object
in making the investigation of iron ore
rate. He stated:
''The real and only object the commits
sion has in making tnis investigation is
to ascertain whether the rates, as have
been held, are too high; if they are to
reduce or attempt to reduce them"
Mr.. Knox further stated that the ccm-
mission had not officially looked into the
case further than to satisfy themselves
as to this object whether or not the
reduction of these rates would cause q
reduction in the gross earnings of the
roads and therefore a reduction in state
receipts, IS not the question at this
time, said Mr. Knox; what we want to
find out first is whether the rates are ex-
orbintant. If they are they should be
reduced no matter what the result is. -
1t has been stated tnat reduction
of the rates would mean 3n increase
In the earnings of the Rockefeller and
Carnegie interests that are said 10 con-
troll all the mines on the range A To-
cal railroad man, in speaking on this
subject yesterday, stated that there are
numerous of the best mines owned by
private individuals whose earnings would
likewise be increased by the reduction,
If, for that matter, it would have the
effect as above stated.
II has also been suggested that one re-
suit possihIa f~nn reduction of these
rates would be the means Ht Ht facilitating
a more rapid development of the m.no~,
as the owners would naturally be better
equipped to improve their property with
more money at their command and that
this process would benefit the entire
state.
The subject has aroused no little dis
cussion both ways among railroad cir
cles, since the case began.
LitchfeId & Madison Election.
SPRINGFIELD Ill, Dec. 1O-stock-
holders of the Litchfield & Madison rail