The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-19
CRITIcIsEs THE COMMISSION.
Duluth Attorney Doesn't Think the
Missabe Was Treated Fairly.

duluth Attorney Doesn't Think the
Missnbe Was Treated Fairly.
DULUTH, Dec 1S.-The action of the
state railroad and warehouse commission
In declaring the Missabe road in default
and The case closed, has qulckened public
interest in the proceedings People
following the case say that the com
mission has made a mistake if it is real
~ eager to compel the Missabe and other
ROADS to reduce the ore rates. A prom
1nent attorney who has been watching
the newspaper reports from day to day
says that the Missabe road is entitled
10 reasonable time to furnish the
information demanded by the commits
SION, of how much it will cost to repro
duce the road at the present time, and
lhlS the commission has failed to grant
The Missabe people have asked for
sixty days in which the prepare esti-
mates as to how much money it will take
10 reproduce the road at this time. and
when that was refused, asked for thir-
~ This was denied. The attorneys for
the road said that they probably could
not furnish all the information desired
IN thirty days, but would be willing to
make an effort to do so; but if unsuc-
ceSsful in securing all information de-
sired, they would submit such as they
had. Now I believe there is United
states supreme court decision which
holds that in the case of a commission
arriving at the reaSona bleneSs of rate
the cost Of the line must be taken into
consideration. The Minnesota commits
sion has declared the Missabe in de-
fault before obtaining this information
Although Messrs. Murray and Cotton
for the road, were not present FRIDAY
at the meeting of the commission, for
which reason the commission declared
the road in deftult, they had two COM
ha n <0F
the commissioners One was notice of
formal intervention by the Eastern Min
lesota and Duluth & Iron Range roads,
and the other was a copy of the stand
ard ere contracts in vogue with the
company. The contracts were some
thing that the commission has wanted to
zee. The attorneys in their letter ac-
companying the contracts reiterated their
desire and intention of producing such
testimony as was desired, and as quick
~ as possible. 1t is evident that the at
torneyS considered themselves legally
represented by Mr. harrington who de-
hvered the documents
"Rut the commission can do nothing
until after the cases of the Eastern
and Iron Range roads have been heard
If the commission should fix a rate on
the Missabe road it would apply with
equal force to the Eastern and Iron
Range The declarati of default will
not stand The other two roads will
have to be heard before a rate can be
made, if after investigation, it is found
advisable to make any"
In the opinion of some who are fol-
lowing the ore rate case, the view is ex-
pressed that the commission in it's eager
ness to push matters to more
speedy conclusion than the magnitude
of the case would warrant has over
stepped itself by declaring the Missabe
in default. 1t is said that the road has
a corps of engineers in the field at
the present time procuring the informa-
ton required regarding the cost of re-
production of the road and to get such
material takes no little time.