Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-31
IBE HEPBURN Bill
AND MINNESOTA LAW
Some Interesting Comparisons
Between the Two Measures,
So Nearly Alike
HOW MINNESOTA LAW WORKS
1t Has Been Declared Unsatisfactory
in That State, and Its Provisions Re-
sembIe Those of Hepburn's Pro.
posed Law.-No Cement Factories in
the State.
to rimes-Republican.


Des Moines, Jan. Silt may be in
teresting reading to some who have
followed the discussion on the Hep
burn bill to read the section of the Min
nesota laws bearing on the matter OF
railroad rates in that state. While
there can probably be no charge OF
plagiarism in the matter Of drafting
bills it is interesting to speculate as
to whether or not the author of the
Hepburn bill did not see the Mime
sofa law at least. There is a wide diff
ference in the wording of the two mea-
sures, because of the fact that one is
a state law dealing with the district
court, while the other is national law
dealing with a newly created court OF
commerce.
The Minnesota law states in the first
instance that where appeals are taken
from the railroad and warehouse COM
mission to the district court and from
the district court on up to the supreme
court the order of the district court
made on such appeal must go into
effect Immediately. An appeal to the
supreme court does not stay the oper-
alton of the order of the district court
We give herewith the entire reading OF
the Minnesota section on this subject
and following it the section from the
Hepburn bill. The Minnesota law be
it understood, is a dead letter and new
er used.
Chapter 2ss, Section 1. Of the Mime
sofa laws:
Section 1. Whenever any proceeding
lis had under the provision OF any law
OF this state before the railroad and
warehouse commission for the read
justment, reduction, or alteration OF
any rates or charges made by any rail-
road company for the transport tion
of persons or property over Its line
or for the establishment or alte' alton
of any classification Of property to be
transported by any railroad cor ipany
and where said commission ma.ses an
order in any such matter, and the rail-
road company affected appeals there
from to any district court, the order
made by said district court on said ap-
peal shall go into effect Immediately.
And in case of an appeal by any rail-
road company affected by such
order or judgment by the dis
trict court to the supreme court
of said state, such appeal TO
the supreme court shall not stay
the operation Of the order or
Judgment of the district court so ap-
nealed from unless the district court
on proper showing when said appeal is
made direct a stay Of such order OF
Judgment until said appeal is deter
mined in said supreme court, ana un-
less said appealing railroad company
files with the clerk of the district court
a good and sufficient bond in such
amount as the judge of the d1strlct
court shall direct and approve, condi-
toned that in case said order appealed
from is affirmed by the supreme court
the said railroad company will repay to
any and every passenger who mas DUR
ing the tendency of said appeal PAID
any fare in excess Of the amount hxed
nv the order of the district court, ano
to any consignor or consignee or any
property carried or transported by SAID
railroad company the amount ne or
they have paid as freight for the trans
nortation of said property in excess OF
the amount fixed by the order and
Judgment of the district court during
the pendency of said appeal in the SUI
preme court of this state or the su-
nreme court of the United States.
And it is hereby declared that any
such passenger and any such conslgh-
or or consignee of any freight shall
have a valid claim against any such
appealing railroad company for any
amounts paid as above provided durlns
the pendency of said appeal In excess
of the rates fixed by the order or Juag-
ment of the district court so appeaiec
from. and in case of any slch allrlil-
ance on appeal, a person holding any
snch claim for excessive charges may
recover the same in any court haVlng
iurisdiction together with costs and
reasonable attorney fees against salo
annealing railroad company. and the
surety on said appeal bond, unless sala
railroad company which collected such
excessive charges repays the saliie
within thirty days after written de-
mand for such repayment.
The section from the Hepburn bill
is as follows:
Section 1.-That the tolls to be de-
manded and collected by common car
riers subject to the act TO regulate
commerce for the transportation de-
scribe1 in section thereof shall be
lust. fair and reasonable; and when
ever upon complaint duly made under
section 13 of the act to regulate COM
merce, the interstate commerce COM
mission. shall after full hearing, make
any finding. declaring any existing
rate for the transportation of persons
or property, or any regulation. what
soever, affecting said rate. to be un-
reasonable or unjustly discriminatory
the commission shall have power and
it shall be its duty, to declare and or
der what shall be just ana reason
able rate, practice or regulation to be