The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-30

sion Upheld by the District Court
-Defendants in the Mind of the
Judge Failed to Prove That the
Rates Fixed Are UnreasonabIe-
omaha's saltwater Service.
Judge Bum yesterday in district court,
filed a decision sustaining the state and
directing issuance of. peremptory writ
of mandamus In the case OF The State ex
rel. the Railroad and Warehouse Com
mission. against the Minneapolis & st.
Louis Railroad company and the St. Paul
& Duluth Railroad company. The decis-
ion is rendered In the application for a
writ of mandamus to compel the defend
ants to ad pit joint through rates for haul
Ing hard coal from Duluth to points nam
ed. as follows: Hopkins. Sl.32: Mime
tonka, LBS, Deep Haven. $1.SS; Excelsior,
$1.56; Norwood $l.5i; Hamburg. $l.62;
Green Isle, $l.63; Arlington, .6S; Gaylord,
$l.75: Winthrop, SL.Sd; Lafayette, N.S6;
$1.S7; Fairfax. s196; Franklin, $2.O1 Nor
ton, sos; Redwood, $2.11; Delhi. S2.15;
Bellevue, -$2.21; Echo. 1929; Hanley Falls.
$2.SS; Hazel Run, s2.3S; Clarkneid, S2.42;
Boyd, $2.4S.
The court finds that the contention of
the plaintiff that the action of the COM
mission is final and conclusive when no
appeal is taken is unsound. Rates fixed
by the commission are merely prima facie
reasonable, ard defendants may offer tes-
timony to prove them unreasonable.
The general power of the state to con-
troll and regulate railroad rates is firmly
established. and the commission has pow
er to- fix joint rates for connecting car
riers and the application OF this rate in
case they fail to agree upon a division.
The Jacobson case is decisive on this
question. &
Says the court:
We have then this case. The commits
sion mad power to fix the joint rate in
queStlon The rates are prima facie rea-
sonable, and the burden of proof is on
me railroad companies to show their un-
feasonableness. Unless defendants have
sustained this burden, the relief asked for
Issue.
Il am of the opinion that the defend
ants have wholly failed to prove that the
rates liked are unreasonable While If
may be the fact that the rates fixed are
Iess than the cost of transportation as
does not show it..
1t is, perhaps, proved that the cost of
carrying all freight is greater than the
pany would derive if the rate fixed nv
Inc commission for coal in car load lots
was TO be applied to all freight But
, 0oaI IN car load lots is a comparatively
insignificant item in the total freight
carried by the company. and it must be
conceded that the cost of. Transporting
coal in car load lots per ton per mile Is
Se con =. "a bly, less than the average cost
1T is not only not shown. by the testi-
carrying hard coal in car load lots is,
put there is no, testimony. in the record
mat gnat. enables al me TO make even a fair
+ Su9ss as TO what 1T is, or as to whether
II Is less or greater@than the rate per
Ton per mile allowed under the rates fixed
by the rceEsmiSsiorE ~ = W
In other words proof of the cost nor
ton per mile of transporting all freieht
II furnish ,p0 sllataq from1Arhfch [ am abIe
to estlmate the cost PFC ton per mile of
TT6ajiIsportlng ,hard coai in car load lots.
PIE TO say that the rates fixed by the
fair reYenue" iipahy d