The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-05-29
The N. LOSES CASE
Supreme Court Says Road Must Re-
open the Duluth Twentieth
Avenue Station.
Trial Court Is Directed to Grant
Stay Pending Negotiations
With R. r. Commission.

The Northern Pacific railroad loses it's
contest with the state railroad and ware
house commission, over the Twentieth av-
enue station at Duluth. The supreme court
in decision to-day gives hope for the
former patrons of the station in ques-
ton. The following the syllabus:
state ex rel. Railroad and Warehouse Commits
sion. respondent, VS.. Northern Pacific Rail
way company, appellant. "a 3sss 4 81 s,s
The charter OF the Lake Superior and Missis-
s1ppi Railroad company authorized the company
to construct and maintain a railroad to commence
at some convenient place within the state of
and thence running by the most feasible route
within this state to some point the Mississippi
river The st. Paul q Duluth Railroad com.
pany succeeded to the interests of the charter
company and In 1000 transferred it's franchises,
road aud property to the Northern Pacific Rail-
way company appellant, which company assumed
all of the obligations Of the grantor then existing
in favor of the state Of Minnesota, the people OF
tue state and the board OF railway and warehouse
commission. Appellants contract of purchase
also stated that the terminal facilities at Duluth
should never be less adequate than at the date of
purchase.
Thirteen years prior to the purchase, a sta
tion had been established at Twentieth avenue
In Duluth, which was continually maintained as
such, with an agent. and regular freight and
passenger. trains, with one exception, stopped
there for the accommodation of passengers.
Twentieth avenue was a center of business and
the Union depot in Duluth, and that portion of
the city was somewhat cut off from the main
portion. contiguous to the union depot. After
all of it's passenger trains via West Superior,
Wis, leaving the main line in Minnesota at a
point about six miles from the union depot and
returning again by Rice's point into the Duluth
union depot.
In an acton in mandamus by the railroad and
warehouse commission to compel appellant to
open and maintain the station, and to run all
Of ITS passenger trains via that station the
First--The finding Of the trial court is sus-'
tanned by the evidence that the business COM
munity in the vicinity Of the Twentieth avenue
station has been seriously affected by the closing
of the Station that the traffic facilities and ter
minals as enlarged and improved by appellant
since the purchase of.the road, have not Injured
to the benefit of the special locality in question,
within the meaning of the obligations assumed
BY the contract. of purchase, and the facts as
peliant be required to reopen and maintain such
station, with an agent therein, as formerly.
CURED to operate and maintain the original line
OF road between St Paul and the Union depot
main line whereon shall be conducted the as sn
such terminal ana Intermediate points But the
charter does not necessarily require that all pas
senger trains be SO operated. If the people Of
the state OF Minnesota St Louis county, the city
ated are furnished with reasonably adequate ac-
the earter permits reasonable
time serve the interests Of the public having
BUSINESS relations with West Superior, subject to
at ali nnde ahd tie the a ba 5Rs
Of Minnesota What constitutes such reasonable
adjustment is a question Of fact for the deter
mination Of the. board Of railroad and warehouse
commissioners, and it follows that if necessary
TO operate the road within the rule above stated
then all of the trains may be required to run on
the Minnesota side.
Third..Appellant's grantor, the st. Paul Du-
luth Railroad company, up to the time of the
purchase had always operated it's trains on the
Minnesota side by way of the Twentieth avenue
station, constituting that road its main line for
thru traffic and passenger service. Prima facie
arrangement w ma do
with the approval Of the railroad and warehouse
commission and since appellant transferred its
trains by way Of West Superior, as a strict mat
ter of right, without making application to the
commission for a reasonable adjustment, the
decision of the trial court was correct in order
ing the original system Of running trains to be
reinstated
Order affirmed, with directions to the trial
court to grant reasonable stay before Judgment
is entered within which time appellant may, if
so advised, make application to the board of
railroad and warehouse commission for modifca-
ton of the original plan Of operating ts.passen-
ger trains.
s. r r