The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-01
GOV. Lind is PLEASED
REVIEWS THE DECISION OF JUDGE
BUM IN THE NEW ULM
COAL RATE CASE
IMPORTANT POINT GAINED
Decision Is in Favor of the States
Contention, Which Originated
With the Governor-Says That the
Minneapolis & st. Louis Road Now
Action I'm Defying Laws.

1t Is evident that Gov. Lind is pleased
with the recent decision of Judge Bum
in the New Ulm coal rate case. In the
governors statement he says
The important points decided are these:
First-It is competent for the railway
commission under the law to compel rail-
road companies to establish joint tariffs
when SO related to each other as the Min
neapolis s. St. Louis and the st. Paul &
Duluth
Second-The power of the commission to
establish reasonable rates for such serv-
Ice. The joint rate from Duluth to points
on the Minneapolis 81 st. Louis was ex-
orbitant and unreasonable on it's face and
higher than the ordinary wheat rate.
What pleaSeS me personally is the fact
that my judgment in -yetoing the Miller
bill has been sustained and conclusively
indicated.
AS the law now standA the decision of
the commission, after d hearing, is! prina
facie correct, and the rate established by
1t just and reasonable. The burden Of
proof, as the court we'll puts it, is on the
railroad company to establish the unrea-
sonable and confscatory character of the
rate established.
If the Miller bill had. become a law, the
rate established in the first instance
would have stood as prima facie fair and
reasonable rate-for the law authorizes
the railroad companies to fix rates in the
first place and that which the law author
ICES to be done Is presumed to be rightly
done until contrary is shown, and the
burden of proof would then have rested
on the state at all stages to show that the
railroad company's rate was unreasona-
Bile and that the proposed rate was fair
and reasonable. This the commission
could not do. as all the evidence bearing
on the question Is in the hands of the rail-
road company. -
If I had signed the Miller bill, this. de-
cision could not have been rendered
nope that poor Miller can now see the
matter Ecr11f r h ~. I,<@
l1eyed for moment that he would have
fathered the bill accredited to him had he
known its inherent viciousness.
Another very important point estab-
lIShed by the decision is that the St Paul
d Duluth railroad, or any other company,
whose business originates in the state,
cannot be boycotted by the other rail-
roads. When the commission made IT'S
decision in respect to the joint rates from
Duluth, the Minneapolis & ST. Louis COM
pany terminated traffic agreement. with
Inc Duluth road, which had been in force
for years, and brought coal from West Su-
perior, in Wisconsin, to- supply the points
affected by the decision, claiming that by
making 1t interstate traffic it was not
subject to the. rates established by the
state authorities. They absolutely refused
to carry coal delivered to them bv the ST
Paul IL Duluth. Under this decision thew
cannot persist i'm this course The, law
mas been sustained upon the, fullest con-
Slderatlon. by one of the ablest Judges of
the. district court in. the state, and viii
surely. be sustained If appeal is taken -
The Minneapolis & st. Louis now has no
excuse for It's arbitrary action. If it con-
tinues to defy our laws any longer I shah
certainly ask Of the attorney general to
enforce the penalties established in such
cases.
This decision it will be noted is in favor
of the states contention which originated
with the governor and was at his sugges-
ton taken up by the railroad and ware.
house commission. For more than year
the coal rate agitation has been be-
fore the public; No little light is also
thrown by the decision on !. the. Miller
bill of the last session of the .legisla-
ture, the veto of which gave rise to such
bitter controversy between the COVER
nor and an Senator Miller. of Luverne. ~ j.
It now remains for the. Minnesota g.
st, Louis railroad to decide whether it
VIII accept the decision of the eemrnis-@
sion and the courts, or carry the case
further.