The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-08
DOES Old LAW
PROHIBIT PASSES?
RAILROAD COMMISSIONERS STA
PILES BELIEVES THAT TT DOES.
The Act of 1887, Which Is Still in
Force, Prohibited Railroads from
Granting Any Preference or Making
Any Discrimination, Either in Carry
ing Passengers or Property.

Does Minnesota IS present law pro-
hibit railroad companies from issuing
passes?
G.. F. Staples of the railroad commits
sion believes that it does, but the stat
utes have never been construed on that
point by any legal authority. Judge
Mills, chairman Of the commission, does
not think the law covers passes. Attor-
ney General Young has not examined
it thoroly, but comedies that it might
be so construed.
It is the old law of 1887, which ere
ated the railroad commission, that is,
cited as prohibiting passes. The law
from giving passes to shippers, and for
| babe shippers to ask Or receive them,
but did not touch other passes. The
| legislature in fact distinctly refused to
abolish passes.
According to the Staples view, how
ever, a pass is discrimination and an
unlawful preference, and is therefore
forbidden by the law Of 1887. That act
covers the subject in two different sec
tions. In section 2, which is section $50
of the General Statutes of 1894, it
says; ;,
carrier, subject to the provisions OF
be rendered in the transportation OF
shall Be equal and reasonable, and
every unequal and unreasonable charge
for such service is prohibited and de-
clared to be unlawful: .=..
cit shall be unlawful for any com
mon carrier to make or give any un'
equal or unreasonable preference or
advantage to any particular, person
company, firm, corporation or locality
or to subject any particular person
company, firm, corporation or locality
or any particular description Of traffic
= to any unequal or unreasonable pre rev.
whatsoever. ooo
i In section 5, which is section 38S q
the 1894 statutes, the act says: ~
any common carrier, subject TO the pro
visions of this act, shall directly or IN
directly, by any special rate, rebate
drawback or other device, charge, oe
mand, collect or receive from any per
son or persons a greater or less com
pensation for any service rendered or u
!; be rendered, in the transportation o.
passengers or property subject to the
/ provisions of this act, than it charges
, demands, collects or receives from an n:
other person or persons FOR a taln2o 10
neous service in the transportation O.
carrier shall be deemed guilty Of {! dis
elimination, which is hereby prohlblte'
and made unlawful. ~ :.
This law is still in force, Violation
are punishable by fine of not NOR
than $1,000 for each offense, whlc
may be imposed on the corporation o
! on the official responsible. ~
! Mr.. Staples believes the language Q
i this law broad enough to lnclud
passes .The Legislature o which Is: p pas ge
|, have had passes in mind, as they ar 2
: not mentioned by name. but it i 19n!5 le
. to destroy all preference and ! di S'cc4n
! enc ct to Certain persons, and discrim
d nations against all others, I do not u
|, derstand the meaning Of those WORDS
Attorney General Young says 2
y would be willing to- assist in havin
the law tested, if anyone afe1, es want? an }av{
r Of the antipass law last winter. 4
t passes are not mentioned in the la1
t. he thinks it a serious question Wh let
4 the statute is broad enough to cove
+ about anything. g." -