Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-10-10
RAILROAD LAWS ARE AM.
PIE TO EFFECT RATE
REDUCTIONS.
Mr.. STAPLES TAKES ISSUE WITH
COLE AS TO "EFFlClENCY
AND SUFFlCiENCY" OF
OUR STATUTES.

In his st. Paul speech Of Sept. q
Candidate Cole took occasion to re-
lterate his position on the railway rate
problem and his attitude regarding
additional laws to accomplish that
end. He not only favored the passage
of law putting into immediate effect
orders issued by the railroad and
warehouse commission, but he further
favored laws covering the following:
THE passage Of a law providing for
Jail sentence for rebaters.
THE passage Of a law for the aboli-
ton Of the pass system.
The passage of law for the re-
duction of passenger rates to 2 cents
per mile.
1.-THE passage of proper and suG-
s1ent demurrage laws.
THE passage of law to prevent
the abuse OF the private car system.
1.-THE passage of law specifically
authorizing the railroad and ware
house commission to determine the
actual value of railroad property with
4 view to such value being used as a
basis of railroad rates.
The passage of such laws as are
necessary in all ways that are prac-
teal and beneficial to the people to
make the railroad statutes of the state
conform to the rate regulation law
recently enacted by the federal gov
eminent"
These railroad efforts of the Repub-
lican candidate were brought out by
that present railway laws are both
sufficient and efficient to accomplish
all necessary reforms in railway
rates." and are causing amusement
among his opponents and uneasiness
and disgust among his friends. 1t
would seem to be the natural thing for
a man, unacquainted with a subject,
to get information from those quail
fed to give it; particularly would this
be the part of wisdom when the man
In question Is the candidate for high
office and is demonstrating to the peo-
pie his fitness for the position. Mr..
Cole does not think this necessary,
but goes before the people declaring
that he will recommend the passage
OF laws already on the statute books;
that he favors others which would
not stand the test of judicial review,
unless the little formality of amend
ing both the state and national con.
situations was successfully under
taken.
In letter published in the Mime
RpOlis Journal of the issue OF Oct. 2
former Governor John Lind effectively
disposed Of Mr.. Coles contention that
the state needed further legislation to
put orders of the commission reduc-
Ing rates into immediate effect. He
called attention to the fact that Sec
ton 1869, Revised Statutes of 1905, did
that very thing, as follows:
""'''' '''''''''' .''''''''. ''''''.'.
81" The tariff so made by
/: the commission shall be deemed
!: prima facie reasonable in all
!: courts and shall be in full force
: during the tendency ,of any appeal
or other proceeding to review the
{: action of the commission in estab-
!: fishing the same"
s...............
He showed also that In one of the
earliest decisions of the supreme
court OF the United States the court
pointed out that the procedure for the
fixing of rate laws which did not pro-
vide for the right of appeal upon the
part of railroad companies did not
constitute due process of law. It will
be seen, therefore, that in order to
make his scheme effective for the i'm
mediate placing in effect rates of the
railroad commission Candidate Cole
will be compelled to amend both the
state and national constitutions. Mr..
Lind also pointed out that Senator
Nelson, in, his address before the SEN
ate Of the United States last March,
referred to the Minnesota railway rate
laws as models of their kind. He
holds that it would be folly for the
state to adopt such laws as Mr.. Cole
suggests and thus cloud the efficiency
Of our present statutes. He says:
ANY attempt now. to change and
amend those laws, which have stood
The test of judicial procedure, which
were proposed BY Mr. Nelson as, the
model upon which congress might
frame laws for the interstate COM
psrce commission would b IN the