The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-08-12
RAILROAD ATTORNEY !.
WOULD BLOCK INQUIRY.
f'LET'S HEAD THIS OFF,'' EX-
CLAIMS MIR. ROOT.

Manahau's questions, ana witness
Declines to Answer on the Advice
of Counsel the Queries on Coal
F'reights.
"For heaven 5 sake, let us head this
| off somewhere
This was the significant remark of
| Il. w. Root, attorney for the Chicago,
Milwaukee & st. Paul road at the Has
tlngs coal rate hearing before the
state railroad commission in St. Paul
yesterday afternoon. The remark was
brought forth by James Manahan, at
torney for the Minnesota Shippers as
! ISOLATION and the Hastings complain
! ants, inquiring of H. A. Gray, con-
troller of the Northern Pacific, the de-
| tails of how the Duluth line was &C.
CURED by the Northern Pacific, and by
the commission overruling Mr.. Root s
objection to permitting Mr.. Gray to an
swer questions of this character.
| Another feature of the hearing late
yesterday was the filing of a formal
complaint by George S. LOTUS against
| the Northern Pacific, charging that the
rate of $l.25 per ton for hauling hard
coal from Duluth to st. Paul IS un-
reasonable and should not exceed 60
cents; and that the 90-cent rate on
soft coal is exorbitant and should not
exceed 50 cents. The road has twenty
| days under the statute to answer all
complaints. But at that, the new COM
plant may compel the Northern Pa
cltic to dlvulge it's records relative to
coal traffic from the head Of the lakes
| quicker than will the contempt pro-
ceedings which are to be brought in
J the district court by the attorney gen
eral on the road refusal to make pub
nc nc ITS is, coa!-hauling agreement with
the Milwaukee road.
Only One Witness.
H. A. Gray was the only witness ex-
amined yesterday afternoon, following
which the commission adjourned until
the district court passes on the ques-
| t1on OF whether the Northern Pacific
can be compelled to divulge it's agree
ment with the Milwaukee,. Gray was
made to formally refuse to give the
desired information in order to get the
refusal into the. stenographic record.
The records of his office, he said. con-
tanned statement of the amount paid
by the Milwaukee for Duluth line sery-
ice. They also showed the tonnage in
transit to points along the Milwaukee
"Because of a remark I understood
you made at the Minnesota club, - said
MI. Manahan during the examination,
~ would like to ask, would you oh.
jeet to representative of the com.
MISSION, with myself, examining the
records in your office to ascertain the
facts in evidence in this case9''
u should thing the Northern Pacific
would object,' said Mr.. Root ''I want
the witness to understand his rights In
this matter. The commission has a
right to examine these records at any
time, but no one else. T wouidn It Der
nit any one else.''
Order to Be Issued.
COMMISSIONER Mills-'tTh has al
ready been a formal order issued. Mr..
Root, for examination of some of the
railroad records, altho the one relative
to the Northern Pacific, I believe, is
not yet out This order permits Mr..
Manahan to accompany our examiner -
Mr. Root-"But Mr.. Manahan
doesn't only want to verify figures in
evidence. He wants to 90 thru every
record that he may desire to see.''
Mr.: Manahan-''I want this matter
thoroly understood at this time and no
trouble about it when it comes to the
inspection of records. There are in evi.
dence figures Of operating expenses
compared with gross earnings. In look
ing up proof of these, the commission Is
order is broad enough to open up all
books on these questions, which means
practically all the records. Mr.. Sever
ence has said the Milwaukee railroa
officials in Chicago are willing to have
their records there so examined.''
Mr.. Root-"Well if the milwaukee,
will let you, let 'em do it. YOU
wouldn' It have my consent if my advice
4 had been asked.'
4 Look. Up the Records.
1 Mr.. Manahan asked Mr.. GRAY the
number Of cars of coal hauled from
Duluth to St. Paul. Mr.. Gray said thu
number of cars of freight could b.
easily ascertained from the roads rec
ords, but there was no separate repor
4 kept of the number of cars Of coal T,
ascertain this would be a matter o:
much time, trouble and expense.
/ In response to queries Mr.. GRAY mad
the significant statement that the cos
4 of hauling coal on the Duluth line i
4 less than that Of the average class o
4 freight on other portions of the North
4 ern Pacific road in this state.
4 Mr.. Manahan asked when the Du
4 luth line had been acquired. July ]
l 1900. What was the bonded debt
1 Witness didn It know. Were there an
land grants with the transfer Of til
\ Duluth line?
\ Mr.. Root objected. This was not
material question on the matter of Goa
a rates.
] Tilt With Root.
- ~ think this question goes right a
the reasonableness of the rate charged.
said Manahan. "I think coal can b
hauled from Duluth to St. Paul for 6
cents ton at great profit If til
bonds Of the Northern Pacific were pai
by the land grants that went with tn
transfer of the road, the public shout
not be asked to pay, in high rates, tn
interest on those bonds.'' Question SUI
,tained
Mr.. Gray-No large land grants wer
acquired. The stock of the St. Paul
! Duluth company was bought by tn
Northern Pacific; the land by tn
Northwestern Imp rovement compan,
} Yes. the stock of the Northwestern In
provement company is owned by tn
Northern Pacific road. I don It kno,
> what was paid for the lands The DR.
). ceeds of the sale Of the lands was use
j to retire the preferred stock of tn
\ st. Paul & Duluth.
Q you may state the division mao
q between your road, the Northern P,
: clfic and the Milwaukee road, on co.
. | rateS for coal hauled from D11,1th +