The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1900-02-07

u
ders, the st. Louis TO Comply
Judge Bum of the Ramsey Coun-
ty district court has decided against
the railroads and for the State COM
missioners inithe case of the latter
against the Minneapolis & St. Louis
and the St. Paul and Duluth. This
case has been on for some time
Over a year ago the commission or
dered a schudule of rates on hard
| coal from the head of the lakes to
southwestern points, but the two
roads could not agree on a division
OF the rate, the st. Paul g. Duluth
being satisfied with the rate, but
the Minneapolis & St. Louis refus-
ing to accept it's share. A tempo
rary writ OF mandamus was issued
which by yesterdays decision was
made permanent.
In his memorandum Judge Bum
says ''that the railroad and ware
house commission had the power to
establish and fix the joint rate to
be received bv the defendants for
the transportation of coal in carload
lots from Duluth to the points
named in the schedule. After hear
ing it did so. The rates thus es-
tabllshed are prima facie reasonable
and the burden of proof is upon the
railroad companies to prove that
they are unreasonable and confsca-
tory.
UNLESS the defendants have sus-
tanned this burden and shown by
fair preponderance Of the evidence
that the rates fixed are unreasonable
the relief asked in the petition
should be granted and a peremptory
writ of mandamus issued.
Il am of the opinion that the de-
PENDANTS have wholly failed to prove
that the rates fixed are unreason-
able While it may be a fact that
the rates fixed are less than the
cost of transportation as claimed by
the defendants, the evidence does
not show it.
1t is, perhaps, proved that the
cost of carrying all freight is great
err than the revenue the Minneapolis
& St. Louis company would derive
if the rate fixed by the commission
for coal in carload lots was to be
applied to all freight But coal in
carload lots is comparatively an in
significant item in the total freight
carried by the company, and it
must be conceded that the cost of
transporting coal in carload lots per
ton per mile is considerably less
than the average cost for all freight.
1T is not only not shown by the
testimony what the cost per ton per
mile for carrying hard coal in car
load lots is, but there is no testi-
mony in the record that enables me
to make even fair guess as to what
it is, Or as to whether it is less or
greater than the rate per ton per
mile allowed under the rate fixed
by the commission.
I'm other words, proof of the
4+cost per ton per mile of transport
ing all freight furnishes no data
from which | am able to estimate
the cost per ton per mile OF trans
porting hard coal in carload lots.
This cost being unknown, it is i'm
possible to say that the rates fixed
by the commission will not yield
the company a fair revenue.
The case will undoubtedly go to
the Supreme Court and from there
to the United States Supreme Court,
in case the railroad company loses
in the former, but in rather heated
interview Gov. Lind expresses him
self as saying that the company
must comply with the ruling Of the
commission and the order of the
lower court at once, or the case will
be placed in the hands of the attor-
ney general for heroic action, prac-
tically implying that unless the
company puts the new rate into
force at once that portion of the
statute providing for a revocation
of a railroad company's charter for
refusing to comply with the law,
will be brought into play. Before
Mr.. Lind was governor, on behalf
of the people of New Ulm, he took
this matter up and made the fight
against the St. Paul & Duluth and