The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-02
What Other People Think
= - Z. - -
Our Railroad Laws,

To the Editor of The Journal.
In your valuable paper Of the oath inst.
you discuss in an editorial headed "Too
Easily Satisfied" the statement contained
in Governor Johnson's recent. speech at
Red Wing, in this state, in which he said,
referring to the question of regulation Of
railroad rates, that the present laws of
Minnesota are both efficient and.
sufficient" and commented favorably
upon the position taken by Mr.. Cole, that
those laws required amendment sc, as to
provide for the going into effect at once
of orders made by the commission
You say: 1T is a. vital question and
presents another real issue in the cam
paign." ...- u - F." y
If this difference of opinion between
Mr.. Cole and Mr.. Johnson amounts to an
issue, 1t is very unfortunate for Mr..
Cole, as his attitude not only shows a
lack Of knowledge Of the laws of this
state, but of the entire situation. Min
nesota is one of the pioneer states in leg
islating upon the question Of railroad
rates. We have, first, the provision of
the constitution, section 4, article x: :
That common carriers IS - shall ,be
bound to carry mineral, agricultural, and other
productions Of manufacturers on equal and rea-
sonable terms. .-
The railroad and warehouse commits
sion was established in 1885, before any
interstate commerce commission wastin
existence, and one Of the very early
cases decided by the supreme court Of
the United States was a case arising
under the law establishing the railroad
and warehouse comnission-Milwau
Railway company vs. Minnesota. 1874 u.
|! S. 49, = r. : -: u.
The decision , in this. case pointed out
certain defects In the laws of this state
O hot
they then existed, and as construed by
the supreme court Of this state, pro-
vided procedure for the fixing Of rates
| which was not due process Of law; that
In the absence Of a right to be heard
and OF a right to appeal. upon the part Of
the railroad companies, the findings Of
| the commission did not constitute due
process Of law. The legislature OF this
state, taking the opinion of the supreme
court Of the United States as It's guide,
enacted law for the regulation Of rail-
roads which, amended as it has been
from time to time, is, In my opinion, the
most advanced law upon the subject OF
railroad legislation that Is to be- found
in any state Of the union, and under that
i law the railroad and warehouse commits
i sion OF this state has accomplished much
Il IN the way Of improving railway service
4 and securing reasonable and equal rates
So complete are the laws Of this state
upon this subject that they were, to a
great extent, taken as his text by the
senior senator Of this state, Knute
Nelson, in his address to the SEN
ate of4the United States last March upon
the railroad rate legislation bill then
i pending in congress, and large number
OF the decisions cited by Senator Nelson
i in support Of thea contention, that goy-
Iernm entail control .Of s31a i1roa ia e,ol,,a
i tary and necessary, were cases decided
by the supreme court of the United
/ States upon appeals by the railroads from,
4 findings Of our railroad and warehouse
commission. Among other things he
i said: sIss D 49,
It thus appears, Mr.. President, that many
j states have secured legislative relief against