The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-11-12
The State Will Make a Struggle to
Free Them Before the u. S.
Supreme Court.
Order for the Roads to File Rates
fias Deep Significance -Inde-
pendent Mining at Stake.

Minnesota and the steel trust will lock
horns in the supreme court of the United
States before another year has passed.
The contest will decide whether the in
dependent owner of ore deposits is to
have an even chance with the trust of
marketing his product at the smelter, or
whether he must submit to any rate the
railroads choose to name, and in the end
be compelled to sell his property to the
combine at a sacrifice.
For the trust owns the railroads; it
owns the docks and the lake carriers,
and in the absence Of state regulation, it
can name prohibitive rate.
The railroad and warehouse commits
sion issued a formal order this morning,
directing the railroads to file, on or be-
fore Dec. 3, a rate on shipments from
the mines to the docks at Duluth and
Two Harbors.
Railroad Interests Confident.
The railroads will refuse to obey this
order. They will contest it in the courts,
and their attorneys declare themselves
confident of ultimate victory. Said one
of them to 7 h ourn this morn
ing: -.
l am not speaking officially, and cannot say
what company may decide to do; so
you must not quote me. l will say to you,
as a private citizen, that the argument
which the commission bases its order is
subterfuge, and will never stand in court. 1
will bank anything I possess on that.
We have filed our tariff on business within
the state Of Minnesota. That is all we can
do. We cannot file tariff based on haul
to the docks because the ore never stops
there 1t is all interstate business from the
time it is put on the car. The commission
has no authority over interstate business, ana
We cannot confer it them
h e our n a man asked:
Suppose the consignor does not want
to bill his ore through, but asks you to
name a rate to the dock, and deliver it to
some lake carrier there?"
We will give him such a rate, but the
state cannot say what 1t shall be. That
business is interstate. There is no place for
docks except outside Minnesota, and any other
conclusion is weak subterfuge.
Commissioners MiIIer's Position.
Some surprise is occasioned by the at
titude of Joseph Y. Miller, who was for
merly an employe of the Duluth & Iron
Range, and was expected to coincide with
Chairman Mills. 1t may be that Mr.. Mil
by counsel for the railroads as to the out
come of the case. He did not speak
sanguinely Of the outcome this morning.
He said
My object in signing that order is to get
the case into court and have it decided right.
I am not an attorney and l went by the
majority Of our legal advisers. That's all
there is to it.
Legal talent is arrayed in two camps.
The order follows opinions submitted by
Attorney General W. B. Douglas, Former
Attorney General H. w. Childs and the
firm of Clapp & Mccartney, all of whom
advise the commission to assert its au-
thority The opinion Of the attorney gen
eral is given on page of this issue. The
other legal advisers substantially agree.
Senator Clapp, who was engaged by the
commission as special council, reached the
same conclusion as Chairman Mills. ex-
pressed in his dissent. 1t is the conclu-
sion OF the railroad attorney that all the
ore going to the docks is designed for
shipment out of the state, and is, there
fore, interstate commerce.
State Rights Preserved.
The states rights are not lost as they
would have been if the commission fol-