The Saint Paul globe., 1905-01-26
LETTERS FROM THEPEOPLE
The Adoption of the Code at This Session
Would Be a Public Misfortune

10 the Editor of The Globe:
Inc report of the statute revision COM
MISSION, M appointed under chapter "a. Laws
o. 1i d9oi, TO revise and codify. the general
laws, is now before the legisla ture.
notIce some members in both the SEN
ate and the house are advocating its i'm
medlate adoption. The revision as sub,
mitted makes large volume Of 1854
pages. 1t purports to be a revision and
codihcatlon of all our laws, but a hasty
ana al superficial examination would indicate
Inat the commission had made some new
law law For instance, section 60 of chapter
ss on railroads, warehouses and grain,
reads as follows:
section go. Long and Short HauI-No
Such company (referring to railroad COM
pan1es) shall charge as much for trans
RiIIeatloa ii'a Ia OF passengers or of property of
alAe I'm A KIND, class or quantity, for a shorter
as FOR longer distance, over the same
iine, the shorter distance being included
IN the longer, nor shall such a company
ol,atge as much per ton per mile for the
contemporaneous transportation of the
same class of freight for a longer as for a
SHOT ter dlstance over the same line in the
same general direction, or from the same
original point Of departure, or to the same
point of arrival. {'94-SS4. 1857
that language means anything 1t
nasI,. means mat rates on all shipments from
Minnesota, where the distance is less than
from st. Paul, must take less rate than
from rom 81; Paul. For instance, the distance
,11as In3Ln Tlnneapolis Tal to Fergus Falls is ten
shipments from st. Paul and Minneapolis
to Fergus Falls pass over exactly the
same same route, II shipped via the same line, it
must DC held that the shorter distance is
included IN the longer and mo (such1
company shali charge as much for trans
p@ortatlon @ for a shorter as for a
longer distance over the same line. the
longer eo IL Tie
The commission have apparently
sation to as much s i5gatsr under fS@penv f6e saw
as 1t stands now it is unlawful to charge
han any greater @ compensation for the short
aao1t aldud, put gnder the revised code, if
II VIII De unlawful TO charge 'as much.
A lower rate, therefore, from Minneapo polls
Is Is mot not Pc permissible only but it is absolute
any law that will give MINNEAPOLIS a low
Ell olstIlput1ng rate than st. Paul
r 81; Paui: Minneapolis and Minnesota
common points, having the same rates in
and out, and we must see to it that they
remain SO, the statute revision commits
WithStandng nv
Another section is even more objection
able. Section Is of chapter 60 on cor
porat1onS reads as follows:
BYLAWS and Statements to BE FiIad
ana Posted-A copy of the bylaws of ey-
cry corporation whose articles are filed
Win the secretary of state, the names Of
Its officers. and a statement of the
amount of capital stock actually and in
good faith subscribed for, if there be anv
the amount and character of payments
Its indebtedness and liability both abso-
lutte and contingent shall be filed with the
secretary of state and the register of
DEEDS OF the county where the certificate
was MED, and posted in its principal bus
mess office, subject, in each of said places
to public inspection. Such statement
shall be corrected as often as any ma
terlal change occurs in any part Of the
subject matter thereof. C94-2593, 25s7
2598.)
You will doubtless be surprised to know
that our present laws ares substantially
the same as the above except that there
is no provision for filing the statement
referred to with fthe secretary of state
and register of deeds.'' That provision is
a little legislation by the revision COM
mission. The law as 1T now stands is OBJ
jectionable and it is universally ignored
but at most it requires posting the state
ment in the Office of the corporation itself.
and there Is no one particularly interest
ed in seeing that the law is complied with,
but if the revised code is adopted and that
section Is not amended, the secretary of
state IS pretty apt to insist that corpora
tionS comply with it so far as it relates to
his office and conscientious register of
deeds would undoubtedly do likewise
The result would be that corpora tions
might have to prepare and file new state
ments every few days. Further COM
ment is unnecessary.
Insurance Code-I am advised by
careful insurance lawyer who has been
examining the Insurance code for several
days that he finds it in bad shape, and
mum erous amendments will be necessary
to put the law in even fair shape. Some.
of the changes are of a most serious ma
ture
Banks and Banking am also advised
by an attorney interested In savings
banks. the new code would seriously en-
bafraSs, If not actually put the savings
banks out of business.
Taxes-I have no personal knowledge as
to changes In the tax code. but runlor
has it that Objectionable changes have
been made there also. A competent at
torney is now examining these provisions.
None of these changes are apparent on
the face of the revision. They can only
be discovered by careful checking up the
present laws, a task almost as great as
the revision itself.
1t would be a misfortune to adopt the
revised code as it is and attempt to
amend it afterwards. Doubtless many
things could and would be corrected, but
in all probability many more would be
overlooked and would come to light only
In costly litigation. This code should Law
over for two years during which time it
can be carefully checked up and can then
be acted upon inteiligeutly.
I would suggest that you do what you
can TO create public sentiment to that
end j. H. Beck
st. Paul, jan rs.