The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-02

MINNEAPOLIS IOURN
excessive rates and unjust DETERMINATIONS as to
local traffic, and 1t may with truth and Justice
be said that In those states where rate -making
laws have been for any length Of time enforced,
much good has Injured therefrom to the public
ana no hardship and Injustice have been Indicted
ways have gotten along much better than they
did before without such laws. It has proved
9 restraining and conservative force to both.
which I beg leave to sabmitsto !: YOU the follow
ing example and Illustration & al 81. &.
The only amendment I'd, our laws which
seems to commend Itself to you is the
amendment suggested BY Mr.. Cole In his
Kenyon speech, which would put the or
ders. Of the commission into Immediate
effect, Notwithstanding appeal to the
courts. and make them effective, unless
and until they are sat aside by some jus
dicial act; but that is exactly what the
law Is at present. Section 1871, revised
laws 1905, provides:
Any party to proceeding before the COM
mission, and affected by any order thereof not
administrative, or any party, affected by the
order orc or the =. attorney general, may appeal
in which the complatnants, Or majority of
them, reside. =: y 30 ~.
Section 1869 provides: 49, 20. =
=" The tariff SO made by the commission
shall be deemed prima facie reasonable in all
courts and shall be in full force during the pen
dency of any appeal or other proceedings to
review the action Of the commission in establish
Ing the same.
Section 1880, revised laws 1905, pro-.
vides: ~
and no such appeal shall stay the
operation OF such order OF Judgment unless the
district or supreme court shall so direct, and
unless the carrier appealing from a judy
ment OK order fixing rates for transportation Of
persons or property shall give bond in sum and
with suretes approved by Judge Of the court
ordering the stay, conditioned that the appellant
will refund to the persons entitled thereto any
amount received for such transportation above
the amount finally fixed by the court nm
The constitution Of this state provides
that no person shall be deprived OF
property without due process of law, nor
shall private property be taken for pub
lie purposes without just compensation.
The constitution Of the United States
contains similar provisions. :, A law
which would attempt to prevent an ap-
peal or a. review by the courts of an or
der made by the railroad and warehouse
commission would be absolutely void, and
here again permit me to quote from SEN
ator Nelson's speech in the senate, to
which I have already referred:
Iue nOt1On Lnat the court cannot intervene, un-
less the rate fixed amounts to confscatory
rate, Is unfounded. The court can always in
tervene and stay where the rate fixed, in the
language Of the fifth amendment ''does not afford
under all circumstances be the criterion both
for the commission and the court.
And again: .4 =
7 A third course was suggested by the senator
! from South Carolina, the senator from Texas,
and also by some sena tors in the discussion yes.
a iUo "a fnfo oil NyUor
granting: stay, pending the review proceeding.
This could only be- done, If at all, by depriving
the court Of Its right to grant an interlocutory
! Injunction. stay. in such cases. This is a
court OF equity upon proper showing, and
! to say the least I question and doubt the
power Of congress to take away this right.
| I am fully aware that it has been the
practice in many cases for the railroad
company affected by an order to- ignore
the order. ard thereupon the, state has
| brought proceedings by mandaInus to
compel It's enforcement. have no doubt
that the court might, by proper. order
in these proceedings, require the bond OF
security which they, are compelled t.
give for stay upon an appeal, or make
any other proper order in the matter
4 which would be in harmony with the
procedure fixed upon appeals, but If this
lwere not true, the railroad company anG
its officers, by ignoring the order and
thus compelling the state to resort tt
mandamus proceedings, subject them
selves to the penalties provided for ir
section 1887, revised laws 1905; that Is
fines. from $4,000 ton$10,0 900. and in Ethe
case Of the officers, imprisonment. ~
TO sum. up the Situation, 1t Is this
Both by the constitutional and the statu.
tory provisions of; this~s state, the laws
give the railroad <aand r Warehouse commits
sion ample powers FOR the establishment
of just and reasonable rates. These
laws are 60 framed that they have with
stood all attacks that have been made
upon them, and THEIR constitutionalt.
I is fully established by decisions Of the SUI
preme court Of the United States. Wher,
an appeal is taken the order goes int
Immediate effect, unless it is stayed b,
1 the order Of the court, which can onl.
zibe made in: a proper case and upon thu
Igiving of sufficient security. If an ap
Ipeal is not taken the order goes into eff
feet at the expiration Of thirty days. ant
failure / to comply with it may be pun
ished, and this being a continuing Of
Tense punishment may be given for eacl
day that it continues: IF in the wisdom
Of the attorney general the case is on,
in which he should. resort to mandamus
that course can be taken, but unless ii
those proceedings the court stays the or
der Of the commission, the penalties ar
incurred. It is probably true that in
proceeding to enforce the penalty tn
company would be allowed to urge in it
! defense that the order was confiscator:
or improperly made, sbut the propose'
change to the law couldsin no way chang
the situation.
I am entirely convinced that if yo1
made g. close and dispassionate examina
ton of the laws Of this state wou wou
realize that Governor Johnson's position
4 is absolutely and entirely correct. I ar
sure that MIR. Cole made the suggestion
which he did in good faith, but it's eff
feet is only to furnish an excuse for tn
non enforcement of the, law. -.A
It took the legislature Of the state Q
Minnesota nearly twenty years to brin
; the laws Of this state,sto their presen
perfect condition. Amy attempt now t
> change and amend those laws whic
have stood the test Of judicial proceed
, ings, which were proposed by Mr. Mel
> son as the model upon which congress
: might frame laws for the interstate com
merce commission, would be in the high
est degree prejudicial to the interests {
i the people Of, this state, and would be
i lprocedure hailed with delight by the yer
7 persons whose conduct those laws are in
{ TENDED to regulate. = John Lind
II Minneapolis, Oct. i. .-sl3
) ADJUSTMENTS