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

OUGHT TO BE DisBARRED
His Attitude Toward the Commission
Was One Of InsoIence; Butted
Iato Hearing.
From Thursdays Daily.

has issued statement, reviewing the
rate hearings. and especially the veXed
question of connection of James Mama
han. attorney for the Minnesota Ship
sreaks in scathing terms not only OF
Mr.. Manahan, hut of the shippers as
ISOLATION which now that Manahan is
nc longer i'm the case, refuses to come
forward with evidence for the state.
Mr.. \ omg's statement follows:
Owing to the many erroneous and
misleading statements that have been
Irblished on the subject, have been
| asked by persons interested, to briefly
review the present rate hearing before
the railway commission, and to define
the rights of attorneys to participate
therein.
! I'm the first place, let me say that
the law provides that the attorney
general shall be the attorney for the
railroad and warehouse commission,
give them advice-when asked-as to
their duties, and shall have exclusive
charge of all legal proceedings growing
out of their orders or actions.
"The commission has an undoubted
right to recognize any reputable attor-
ney on behalf of any private complain
ant, but in any case instituted by the
commission no one but the attorney gen
eral has any right to appear for the
state, or for the commission, without
the express consent.
"Mr Manahan appeared before the
commission during the recent merchan-
disc rate hearing and asked leave to
present some testimony. The proceeding
was irregular; he had no authority to
appear for the state and other counsel
had already appeared for the railroads.
| But as a matter of courtesy the COM
mission decided to hear him in an in
formal way, and, taking advantage of
the privilege so granted he proceeded
i to consume several week of time in pre-
tended examination of witnesses and in
making speeches that had little if any
+, connection with the investigation. r.,
"When asked to confine himself to
facts involves, he grew abusive, insult
ed the commission and accused them,
and all other. officers of the state, of
dishonesty, 'ascribing that as the motive
/ why they interfefed with his methods.
II Mr.. Manahan's behavior before the
commission had been attempted before
any court he would have landed in Jail
for contempt When matters reached
this stage / advised the commission to
refuse to hear Manahan further, and to
make the order reducing rates. The
commission closed the case, and Mr..
Manahan Joined with the attorney for
the railroad companies in a vehement
protest against such action.
"About Oct. the commission re-
sumed the rate investigation under the
legislative resolution referred to, and
took up the matter of commodity
rates and asked my office to take
charge of the examination of witnesses.
When the hearing was resumed, Mr..
: Manahan was present and asked special
leave to examine a few witnesses, who
he claimed to have and which he said
would take two or three days. He i'm
mediately commenced calling witnesses
who knew nothing about the matters
before the commission and asking irrel-
evant and insulting questions.
The commission. with patience that
exceeded all reason, permitted him to
60 on in this way for three consecu-
tive weeks, during which time not one
particle of evidence of any value was
, brought out. The commission then adj
journed the hearing indefinitely and in
formed me that they would not take ii
up again until / was able to be present
either in person or by one of my as.
, sistants to take charge of the examna
ton of witnesses, so that the inquiry
could be conducted in an orderly way
Kept within the limits of the subject
and be FASTENED to a conclusion. Pub
lie notice was so given.
81 am assured by members of the
, commission that the so called Shippers
and Receivers association never has fur.
knished either fact of an idea in rela
ton to rates during this whole inquiry
| am informed, further, that they never
have furnished witness who knew
anything about the subject that was be-
iEs investigated. their only contribution
to the hearing has been Manahan. The
only persons who appeared before the
commission are those they themselves
: have summoned. Mr.. LOTUS of the So
, called Shippers association has been
specially invited by this office, more
than ten days ago, to furnish the names
) of persons having any knowledge about
the subject now being investigated, so
that they could be subpoenaed to give
their testimony. Up to date no response
has been received.
"From the testimony which has beer