The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-15
HAMEY FALLS Y : CASE
NJ. ID. GROVER, COUNSEL FOR THE
GREAT NORTHERN, DIS
CCSSES 1T
MINNESOTA COURT SUSTAINED
Decision of Supreme Court at WASH
iDgtOn Had Reference Solely
to the Crossings COM
planned of.

General Counsel NJ. D. Grover, of the
Great Northern. yesterday in an inter-
view, gave some interesting comments on
the decision recently submitted by the
United States supreme court in the case
of Wisconsin. Minnesota & Pacific Rail
road VS.. J. T. Jacobson, wherein the Min
nesota supreme court was sustained. Inc
case, which is an old one in this state,
involved the validity of the Minnesota
law requiring intersecting railroad lines
crossing each other at grades, to make
"Y" connecting the two Mr.. Growers
statements are made after a thorough
study and knowledge of the case in hand,
he having been one Of the counsel in the
litigation.
Mr. Growers remarks are as follows:
1.-The statute in question in this case re-
quireS railway companies, where their
lines cross at grades, and where the con-
struction of the connecting " tracks is
reasonably necessary, to construct such
track, thus giving an opportunity Of NOV
ing cars from the track Of one COM
pany to the track of another.
THE law further provides that one
company with which such track cOnnec-
ton is made, must build and route its
cars by making use of the Y to points
on the track of the connecting road, and
that it must. If SO required by the ship
per- deliver its cars over this " to
the connecting road or pay the cost Of
transferring the freight from its cars to
the cars of another road without loss or
charge to shippers on account of such
transfer.
1.-The state railroad and warehouse
commission, on petition asking it, di-
reeted the construction of a " track
by the Nillmar q Sioux Falls Railway
company and the Wisconsin, Minnesota &
Pacific road (the property of the Min
neapolis & st. LOUIS at the intersection
of the two roads near Hanley Falls juno
ton.
VIEW OF THE RAILWAYS.
THE railroad companies contended that
the law was unconstitutional and thus
imperative; not simply because it re-
quired the construction of a " track,
but because it compelled the company
to build and route its traffic over the
lines of another road, thus making such
other company its debtor, and required
trust and credit to be given to an in
solvent cOmpany-in short it compelled
the making of contract for the collec-
ton and disbursement of freight charges
without the consent and will of the par
ties and further that the railroad COM
panies were required to have equipment
suitable for the traffic peculiar to the
road. That while it is true that railroad
compa MES do interchange cars, this is
only done under contracts between the
companies fixing charges for car service,
and when the number and character of
cars interchanged is such as to enable
each road to serve its patrons.
This law, when carried out would re-
quire any one Of the great wheat carry
ing companies to deliver its cars loaded
with wheat to connecting lines to be
transported to Chicago, St Louis and
New York. Such road would not get from
the connecting line one car where it would
deliver twenty. Thus it's business would
be paralyzed and the great majority OF
Its patrons made to suffer for want IF
cars, because some few wish to build
and route cars to remote points in other
stat
Again the law, by such movement OF
cars, would require the road to transport
cars of aaother road ana pay for their use
while hundreds of the cOmpany's own
cars were idle on its tracks.
The railroad companies cOntended that
" was useless unless they could be
required to bill and route trafflce and
send cars against the will Of their own
road 10 far distant points on other lines.
The supreme court decided enc poinJ
only: That the requirement t. build a
was lawful. Inasmuch as the SUI
preme court had passed solely en- that
point. the court at Washington affirmed
the ruling expressed, declining to pass
Judgment on the main points upon which,
the railway companies relied