The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-07
ORE RHIE CASE PRESSED
PRESENT RAILROAD AND WARE
HOUSE COMMISSION HOPES TO
SETTLE THE SUBJECT
7URTHER DELAY IS DENIED
aIiSsabe & Northern Case Is to BE
Heard Forthwith, the
Others Soon 10
Follow.

The investigation of rates on the iron
ore roads had another inning before the
state railroad and warehouse commits
sion yesterday afternoon. An adjourn
-nent was taken until this afternoon at
o'clock, at which time the case of the
NIissabe & Northern road will be pro-
ceeded with those of the Eastern Min
nesota and the Duluth & Iron Range are
deferred until Dec. II.
Attorney Crank s. Kellogg, who repre-
sents the Duluth & Iron Range at the
former sitting of the commission, was
unable to attend yesterday and the CON-
pany was represented by J. II. Chandler
Of Chicago, General Solicitor G. Well
wood Murray, of New York, appeared in
behalf of the Missabe, and M. ID. Grover
represented the Eastern road. T. d.
O'Brien represented the commission.
Each of the attorneys for his respective
road. asked for a continuance of the case
as they had not had sufficient time in
which TO adequately prepare their tes-
timony. Mr. Murray stated that since
the last meeting before the commission,
he had labored diligently to prepare his
case, but would necessarily be handi-
capped in the possession of adequate tes-
timOny if compelled to proceed at once
with the case. The commission took the
position that in the time allotted the
necessary evidence could have been pre-
pared and that no reasonable cause eN-
listed for further delay.
NJ. D. Grover, for the Eastern Mime
sofa road, stated that every pound of
ore and every foot of timber hauled by
that road is hauled under special cons
tract, and not as general freight. Inc
road transports this as a private car
rier, and not as a public carrier. For the
transportation of this ore, special termi-
nais and spur tracks, docks and other
necessary appurtenances have to be Gre
ated and maintained. There is no SyS-
tenn Of rates in effect for this traffic,
stated Mr. Grover, such as generally
govern the shipment Of other freight.
These are points to which Mr.. Grover
called especial attention of the commits
sion and its attorney, Il. D. O'Rrien, and
stated to them that they constitute i'm
portant features in the case. Attorney
Murray, for the Missabe road, stated that
his road Joined in the objections made
by Mr. Grover for the Eastern, at the
former meeting, in so far as these OBJ
jections applied to the Missabe.
Mr. O'Brien called attention to the
communications Of the three roads in
which they stated that the rates of 1895
and later dates had been Withdrawn.
Mr.. Murray admitted that his road had
cancelled these tariffs for the reason that
they were misleading and because there
is actually no business done under the
rates as have been Published. Coinciding
with Mr. Grover, he stated that there is
no business transacted in the matter of
ore shipment except by special contract
These rates which have been published
are, therefore, of no effect and have for
logical reasons been discarded by the
roads. The Duluth & Iron Range road
have Cancelled the rates not only on
iron ore, but also on spruce wood.
Mr.. O'Brien assumed the posi-
ton that the point to be in
vestigated was, whether or not the
roads have not placed the rates so hlgh
as to destroy general business to Which
it might be possible to apply these rates.
Mr.. Grover declared, in reference to
this, that there should never have been
any such rates published; that, since no
carrying was ever done under them,
there was in reality nothing to warrant
the existence and the publication OF the
rates. The rates, he said, have been
withdrawn simply because they were
impracticable and useless.
FIXING DATE FOR HEARING.
Without further argument, Cha rman
Rlngdai. of the commission, asked the
commissioners to retire and decide anon
the time OF hearing. After few MIN
utes The commission returned, and Gen.
all the cases until Jan. 2. Commissioner
Knox amended the motion, providing
that the case of the Missabe road be
proceeded with forthwith, and that CT
the other two roads be deferred until
Dec. il. Messrs. Ringdal and Knox
voted in favor of the amendment, and
Gen. Becker against it.
In protesting against the action Of the
commission, Attorney Murray, for the
MissaDe road, stated that the original
plan was to have the Duluth & Iron
Range road submit it's evidence first,
and then have the Missabe road follow,
but this would not be possible, in view
of the commissions decision 1t was the
statement OF the commission that further
argument to change the decision would
be useless.
BY the mutual consent of the comrlis-
sion and the three railroad attorneys,
Mr.. O Brien proceeded to outline the
character of his testimony. He intended
to prove the prima facie case as to both
the Eastern Minnesota and Duluth &
Iron Range. The only witness called 10y
the state was Thomas Yapp, statistician
OF the commission. The evidence intro
duced by the state was tabulatad in
character. The points sought to be IS
tabiished for the state by its attorney,
Mr.. Q'Brien, were verified from the rec
ords of Mr.. Yapp.
TESTIMONY AS TO EARNINGS.
It was shown from the testimony of
Mr.. YapD that the bonded Indebtedness
of the Missabe & Northern road amount
ed, at the close Of the last fiscal year,
June 80, 1899, TO SC. 406 600; the amount re-
naming after the taxes and interest on
the debt had been paid to be 1854, 537,
and the capital stock was shown to be
$25l2,5o0. During the year there had been
$S,S09,Sl5 earned by this road from the
carrying Of iron ore. 1t was proved that
Of the entire earnings during the year
SS3 per cent were freight earnings, and
Of this amount 92.47 per cent was from
iron ore traffic.
By the same means 1t was shown that
the total Indebtedness of the Duluth &,
Iron Range road was at the close Of the
last fiscal year 81, 232, 900, and the capitaI
stock $S,O0O0O0. The total freight earn
ings for the year were S4,29S, ST., and of
this amount 50, Isl, 902 came from carving
iron ore.
The examination of the witness by the
state was very brief and only indicative
of the course which is to be pursued fur-
ther in the hearing. Mr.. O'Brien stated
that he would probably not Introduce a
large amount of testimony beyond what
had been admitted, but reserved the right
to proceed with his case today without
having to rest yesterday.
The hearing will be taken up at
o'clock this afternoon