The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-05-16
A JOG IN WISCONSIN BIG BAND PRIZES
Brief Detour Thru Neighboring State
Makes Traffic From Duluth
Interstate.
A Test Case Now Pending on the
Status Of Northern Pacific
Traffic.

Whether the state Of Minnesota shall
| have jurisdiction over coal rates from
Duluth, the distributing point Of the
northwest, depends on crucial case nov
pending before the supreme court Of the
state.
The present inquiry into coal rates from
Duluth is based on the assumption thai
the traffic is not interstate This an.
plies only to the Northern Pacific, which
uses the Duluth short line or old st. Pau
& Duluth, built entirely in Minnesota be-
tween the twin cities and Duluth The
Great Northern and the Omaha both pass
thru Wisconsin, and even tho they take
traffic in Minnesota and haul 1t to a Min
nesota point, it is interstate traffic if ii
passes thru another state, according to
a recent decision of the supreme court
of the United States.
The important case referred to involves
an attempt Of the Northern Pacific to
make Its traffic also interstate. It is
known as the Twentieth avenue depot
case. It is a suit brought on the rela-
t1on OF the attorney general to compel
the Northern Pacific to maintain its
depot and facilities at Twentieth avenue
west, In Duluth. This is on the original
line OF the ST.. Paul & Duluth, which does
not touch Wisconsin. For some time the
Northern Pacific has been hauling both
PASSENGER and freight over a line of track
L C0arCcr
OF the st. Paul & Duluth pledged that
road to maintain purely Minnesota line,
subject to state jurisdiction. When the
Northern Pacific acquired it and the ac-
ton was brought by the railroad com
m1ss1oners 1t was compromised under a
signed agreement to maintain this Tween
tieth avenue depot and facilities which
means retaining the Minnesota line. This
agreement. as well as the charter of the
st. Paul & Duluth, have been broken or
evaded, and the state is attempting to
enforce them. Some very knotty cues
tons are presented, and the court has had
the question some months. It is re-
ported that it will be some months more
before decision is rendered
# the state loses, it also loses all 1uris-
diction over shipments into and out of
Duluth. AS Duluth is the distributing
point for hard coal, and the Duluth ra to
fixes the price all over the northwest. the
proceeding now before the railroad and
warehouse commission. would be useless.
The consumers of the northwest would
have their only recourse in the Interstate
commerce commission.
The decision which makes Duluth-Min :
neapolis traffic interstate was only re-
Gently handed down by the supreme court
OF the United States. It was in the case
OF the railroad commissioners Of Arkans Ga :
against the Kansas City Southern Rail-
"oy2 coinpaLy' 20 supreme court Reporter
page IA. The decision was handed down
Jan 5, 1903, by Justice Holmes. The case
rose over an attempt of the commissioners
to regulate rates between two points II,
Arkansas, when the road ran outside for
a part of the distance, thru Indian terri
tory. The decision reasoned that if IN
dian territory were state, 1T would claim
control over the mileage in its borders.
1t could not control the traffic referred to.
because it ran partly in Arkansas ana
was interstate. If it was SO declared IL sha
interstate, then Arkansas had no claim on
its control. The same line Of reason ine
would compel Minnesota to relinquish con.
troll over the Duluth Minneapolis lines
which pass thru Wisconsin.