The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1903-09-18
HAS NO JURISDICTION.
Railroad Commission Cannot Regulate
Car Supply.

In view of the numerous complaints of
shippers sent every fall to the railroad
and warehouse commission that they are
not getting enough cars, Secretary A. G..
Clausen of the commission has issued a
circular stating how far the jurisdiction
of the commission extends with sug-
gestions on how the matter can be rem
edied.
''Since the creation of the railroad and
warehouse commission, it has been gener-
|ally noticed during the fall months of
each year the railroad companies doing
business in this state are unable to sup
ply the demand for cars, particularly for
grain and potaties," reads the circular.
'The question of the proper distribu-
ton of cars has been frequent source
of controversy between shippers and rail
road companies, and in order to prevent
complaint and undue charges of discrimi-
nation. on account of the shortage of
cars, the members of the commission
deem it their duty to the shippers and
railroad companies to make the following
suggestions which. if carried out by both
parties, will no donbt materially aid in
preventing causes of complaint.
"For the information of all concern
ed, the commission has to say that they
are without power under the law to COM
pei a railroad company to furnish cars
upon complaint simply that the per-
son or station complaining is not provid-
ed with all they need OF have ordered. 1t
is only when they are not getting their
fair portion that the commission can in
terfere. To do more, had we the power,
10 Il al III,
pers or stations, and to help one at the
expense of the other.
Under the law each shipper should
know in general way what proportion
of the cars received at his station he
is entitled to receive from time to time
from his knowledge of the receipts of
respective buyers and shippers at his sta
ton. The shipper should make his de-
mand from the station agent, and cars,
when placed, should be loaded as prompt
ly as possible; and it is the duty of
shippers ordering cars to see that they
have sufficient grain or produce to load
the cars to their capacity, and not use
them for storehouses while waiting for
deliveries to complete carloads, thereby
holding themselves liable for demurrage
charges. Chapter 800, General Laws of
1903, permits the shipper thirty six
hours time after delivery of car, in which
to load cars ordered and used for load
ing grain and other produce upon track
or from platform.
Railroad companies are hereby re-
quested to see that car record book
is kept at each station, showing names
of parties ordering cars, either in writ
ing or verbally, also the date and hour
ordered, kind of cars required, and the
date orders were filled.
eff the law is recognized and observed
by the railroad companies and the ship
per can thus be made to feel that his
rights are guarded and protected upon
the basis of fair and equitable treat
ment, he will arrange his business ac-
cordingly and be more forbearing in his
demands In view of the difficulty of
the situation, which is of annual recur-
renee, the commission has considered it
its. duty to call the attention of common
carriers and shippers to the provision of
our statute in this regard, and we trust
that the provisions set forth in the cir.
cular, if carried out, may be of some
service in allaying irritation which find
frequent expression in complaints, for
which we can suggest no remedy except
as .hereinbefore set forth.