The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-07-09
Hearing Begins Before Rail
way Commission.
ORE ROADS STAND PAT
Legal Representatives Argue Why
They Shouldn't File Schedules
EASTERN MINI. INTERVIEWS
The Roads Lay Special Emphasis on
Argument That Ore Carrying
Is Interstate Business.


Attorneys for the three iron range rail-
roads appeared this morning before the
state railroad and warehouse commission
at st. Paul to show cause why they re-
fuse to file their ore tariffs as prescribed
by law.
The Duluth, Missabe Northern held
the boards this morning G. Wellwood
Murray, Of New York, and j. B. Cot
ton, its general attorney, occupied the
center Of the stage. The proceedings
consisted Of dialogue between the two
gentlemen. Mr.. Murray figured in the
shorthand report as Question" and Mr..
Cotton as Answer"
The dialogue was devoted to showing
that the ore traffic is interstate COM
merce. and to put it plainly, none of the
business of the Minnesota commission.
The attorneys for the three roads met
yesterday and argued to adopt this as
their main contention. They recognize
that the other argument that the ore
business is private contract, is about
played out.
Mr.. Cotton had the data, mostly in
neatly typewritten statements, and Mr.
Murray brought it out of him by the time
honored court practice. Question and an
swer were sharp and business like and
an ignorant spectator would have sup
posed they were on opposite sides of the
case, so brusquely did the witness snap
back his replies.
His statements showed that the ore
handled by the Duluth, Missabe &
Northern is all transferred at the docks,
which are built expressly for the trans
Ter OF the ore to lake steamers The
docks are an inseparable link in the chain
OF through traffic. Every pound is carried
to lake ports in other states by the Pitts
burgh Steamship company. The ore is
carried by joint traffic agreement the
railroad getting so cents on the ton. All
is billed through from mine to smelter.
Other Roads Represented
Yeover was present representing the
Eastern Minnesota, and F. B. kellogg
for the Duluth, & Iron Range. About
twenty witnesses were present and will
be calle dto bear out Mr.. Cotton's state
ments in detail as to the three roads
Senator Clapp, special counsel for the
commission, is in attendance.
One of the smaller mining concerns on
the range, the Penobseot Mining com
pany, represented by J. c. Waeodock of
Bay City is watching proceedings in be-
half of other smaller companies. The
company merely announced to-day that
at the proper time it desired an oppor-
tunity to protest againts the present iron
ore rates, which it claimed were unfair
to the small shippers
Formal Refusal Filed.
First thing this morning the Duluth,
Missabe & Northern and the Duluth &
Iron Range filed their written answer to
the order of tn commission. The two
companies refused to file their tariffs on
the grounds that the commission had no
jurisdiction. The answers are practically
Identical, varying only as to the location
of lines, stations, etc. The Missabe COM
pany admits that its lines run to certain
iron mines near Hibbing, Mountain Iron,
Virginia, Eveleth and Biwabik, but denies
that the minis are situated at the sta
tions named. They are located at some
distance from the stations and are reached
solely by spur lines built by the company.
Testimony was subsequently intraduced
to show that these spur Inns were built
only under a contract between the mine
owners and railroad company, and that
the company was under no legal cbliga-
tion to construct the lines. The rates in
effect, therefore, could be controlled by
the company as desired, as the road ovr
which the ore was hauled was built by
private agreement only.
The companies admit that hey operate
docks for the handling of ore hauled from
the mines on their lines, but declare that
these docks are operated solely to facili-
tate shipments from the mines to the con-
sumers on the lower lakes. The traffic is
therefore interstate. The docks, rail-
hoad and steamship companies, are all
operated directly one with another in the
through shipment Of this ore. The steam
ships carry the ore to ports in New York,
Illinois, Pennsylvania and Ohio
The roads further deny that any of the
ore is now or has for long time been
shipped to any point or points within
Minnesota, but is on the contrary for
warded by the railroad companies and
steamship lines as interstate commerce,
under a common control, management and
arrangement for a continuous carriage to
the ports in the states named. The an
swers declare that neither the state Of
Minnesota nor the railway commission
has any control or jurisdiction over any
shipments in this manner, to points with
out the state.
AS to the claims of other mining con-