The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-18
LONGER DELAY IS DENIED
RAILROAD COMMISSION INSISTS
THAT THE ORE RATE HEAR
ING BE PRESSED
TO BE TAKEN UP NEXT FRIDAY
Hearing VIII BE Resumed Then, If
the Railroads Attend, or an
Order VIII He
Made.

The railroad and warehouse commits
sion yesterday morning handed down the
ultimatum to the hearings of the iron
ore rates when they declined to grant
the roads further time in which to pre-
pare their evidence. The MisS.bbe, Du-
luth & Iron Range and MINES TIA East
ern roads were all represented and UPON
their statement, through counsel that
they were unable to proceed with the
case as they could not introduce new
testimony within less than three weeks,
the commission declared the investga-
tions closed and cited Friday morning as
the day for deciding upon fiEai action.
For the Missabe road, j. 2. Cotton APP
reared and offered a written motion ASK
ing for three weeks in which to prepare
further testimony. He reiterated his
previous statement that the company
would need sixty days from Dec. III, to
make a complete case. The motion was
denied. Mr.. Cotton protested against the
commissions act and demanded a right
to be heard for his company at any time
testimony could be produced. He also
took exception to the record as compllea
from the last meeting of the commission,
at which neither of the Missabe attorneys
were present. The commission refused
to have the record changed. MY COT
tons main motion was to have the or~ef
estnpping the introduction of testimony
set dSNlG ana NSASeANNN' 1870 'A-ON-0
likewise denied.
NJ. d. Grover appeared for the Duluth
&, Iron Range in the enforced absence OF
its counsel Frank 3. Kellogg. Mt
Grover submitted affidavits, one OF when
was from Mr.. Kellogg, stating his lhabli-
ity to be present ard urging that thirty
or forty days be granted by the com
mission for a further preparation OF tes-
timonv. lie insisted that the company
intended to secure all testimony possible
within a reasonable time and that 10
proceed now without this testimony or to
close the case would be a denial TO the
Iron Range road to be heard
Mr. Grover then took up the case IN
behalf of his own road, the Eastern MIN
nesota. His remarks were quite prleL'
He said that the rates of the Eastern
road on ore were in accordance Win the
law of trade and competition
AS regards the examination Of ore rates
on this road Mr.. Grover stated mat sucn
an examination would necessarily !IlV"iYe
an examination of all merchandise re-
ceipts as we'll, as the accounts Oh the
company are so kept as to prevent the
easy. separation of one class of receipts
from another Such a complicated IN
vestigation he said could not possibly De
made in anything less than Sixty days
Since the issuance Of the order 1or the
hearing Mr.. Grover said his company hao
H6Gn ldDOIl1S Q4ASSliliS ~
necessary testimony and that If the COM
,ooission felt now that it could not con-
sistentlv grant at least thirty days. tAell
there is no reason for a continuance OF
anv less time ana the Eastern ana Che
Duluth & Iron Range ask Tor no Iuitl!eA
time. He said these two companies
would he willing to leave the matter, II
+ba+ event To the consideration of the
commission to decide in the light OF its
,,ullic duty and the public welfare
''2Iget - said Mr. Grover, makes ON
position clear aud definite for the com
mission to, act on.
Continuing Mr. Grover said: From thu
renorts filed the commission no doub
has concluded that the earnings OF thes
roads vary considerably, then VIVA
would q reasonable rate be? The LAY
saws that in determining the reasoha
/Theness of rates inquiry must be mao
into the cost Of construction, the DohdS
earnings under present rates ana earn
in.rs' under certain other possible seized
ules. This, too, is no trlhing case. II t ~
wolves an inquiry into all this, ana ne
sides an inquiry into the market of tn
ore and all the contingencies In connec
ton with that market"
Mr. O'Brien. for the state, agreed wit
Mr.. Grover in the last premises, and sal
that had the hearing been conducte
along this line, as indicated by MI
in a different light. Mr.. OBrien state
that while it was proper to inquire int
the cost of construction, the market an
contingencies and the earning capacitie
of the roads, 1t was due the commlsslo
for the roads to give it an estimate Q
the cost, etc etc, If time did not Warrah
exact statement of them. He declare
that the commission only demand 1al
estimate of the cost of construction, sue
as he believed their engineer could give
and did not ask for the precise figure:
MIR. O'Brien believed this informatio
could have been furnished in three days
Inasmuch as the Duluth & Qon Rang
and the Mssabe roads have withdraw
their former rates, Mr.. O'Rrien elaine
that the commission should have tn
right to inspect some of the contract
under which these companies transaC
their business. He said that, after al
he believed the most important questio
to decide was not that OF rates, bU
whether or not the roads are commo
carriers.
WAS CONSIDERED IN SECRET.
The commission held a secret sess:ol
and Commissioners Ringdal and Kno
voted to deny motions for a continuanC
of the hearings. They adjourned unit
Friday, at 2 p. m, before which tim
the commission will be ready to receiv
testimony from any of the roads. O
Friday the final disposition of the matte
will be decided upon by the commission
Messrs. Grover and Cotton, for the
respective companies, stated that the
had no testimony to offer further at thu
time
1t is probable that the commission wi
make an order next Friday in the rat
case, unless a change is caused by the il
PRODUCTION of new testimony before ths
time