The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1906-12-14

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Commissioners Mills and Staples
wronyfully tried to effect this comprO
mise i'm secret conference with railway
officials. behind closed doors, after hav-
inc wrongfully excluded the shippers and
! their attorney, but the unexpected APP
I pearance and protest of Mr.. A. B. Stick
scheme by the public press, prevented
its contamination. A
The hearings continued. On Septem
| Der /. the attorney for the shippers as
ISOLATION urged upon the commission for
an order compelling the railroads topro-
duce their books. on the ground that an
examination of them would show that all
| rates, on merchandise and commodities,
should be reduced not less than 4O per
cent
| The commission refused to order the
/ production of the books, but made AN
| order affecting merchandise rates only.
| This order was satisfactory. to the rail
roads, as they have taken no appeal
| therefrom.
On Sept. 10Th, hearings were resumed
on commodity rates. On that day the
attorney general and railroads lawyer
attempted to exclude the attorney for
the Shippers association, but the COM
mission ruled that the Shippers asso-
citation and their attorney were present
at their invitation and would be recog
nized as parties to the suit, and per-
mitted to 90 on with the case and pro
duce such testimony as they saw tit.
| This ruling was made pending the cam
| paign in which Commissioner Staples
was a candidate for reelection.
The hearing proceeded from day to
day until the shippers attorney insisted
| upon ruling on his motion to compel
the railroads to produce their books,
showing their rebates and political con
| tributions and other Legitimate eXpen-
| ditures.
The commission thereupon adjourned
with the statement and assurance that
! they would at the next session rule up
on this motion.
At the next session the commission.
| without ruling on the motion. adjourned
! the hearings indefinitely. Lut with tn.
assurance. expressed i'll open court, that
| they would give the attorney for the
| shippers ten days notice. SO that he
could be prepared to 90 on with the in
| vestigation, and with the express prom
| Use that James j. Hill, an eminent rep
resentative of the railroad interests,
| would be subpoenaed, and that the at
torney for the shippers would be given
an opportunity to examine him.
On Nov. l4th, the commission wrote
us as follows:
James Manahan, Esq, Attorney Min
nesota Shippers & Receivers Associa
| ton, st. Paul. MINI. Dear Sir: | am
| directed by the commission to advise
YOU that the hearing in the, matter of
the investigation ys to the reasonable
ness of the commodity tariffs of rates
and charges between stations in the
state of Minnesota will be resumed a,
! the office of the commission in the new
| state capitol, ST. Paul, Mimi, on Mon
day morning, Nov. 2G, at ten o'clock. {
Please be governed accordingly. Yours
truly, Thomas Yapp, assistant secretary.
A few days prior to the date set in
| this letter, and pursuant thereto, we
caused a subpoena to be issued out of
| the district court of Ramsey county,
Minnesota, directed to the said James j.
Hill and commanding him to appear at
the hearing, and produce certain books
OF the Great Northern Railway com
pany. This subpoena, and proof of the
personal service thereof on Mr.. hill is
| hereto attached.
At the hour set for the hearing we
| appeared before the commission ready to
proceed Win the examination. as suo-
gested i'm the letter of the commission.
| but we were then and there wronofullv
| repulsed by the commission and dellber-
ately insulted by It's attorney Our ap-
| plicatiOn to be heard as to our rights i'm
the case was denied. We were refused
permission to examine or cross examine
the witness, James j. Hill We were
| excluded from the case and Illuminated
by the commission, who then and there,
| in demeanor and action. showed such an
| unfair spirit as to constitute fragrant
| malfeasance in office.
We have been informed and believe
| that we were excluded from the case in
order to protect the said James j. Hill
from an examination that would show
the truth i'll regard to the Great North
ern Railway company and it's relations
to other companies. And further, we
were excluded in order to protect public
| officials from disclosures which railroad
| officials would make, if questioned in
regard to political contributions. We
were excluded for no other reason, and
we charge that such exclusion was and
| l: malfeasance and misconduct on the
part of the commission and each mem
Der thereof.
We state the foregoing facts and pre-
fer these charges with full realization
OF their seriousness, and we respectfully
ask your excellency to try their truth
and to do justice to all concerned. Min
nesota Shippers and Receivers associa-
ton. by James Manahan. Verified bv
c. f. Hubbard