The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1906-11-30
Commission Claims He Alb
used Privilege.
STATEMENT FROM STAPLES
Attorney General Young Gives Rea'
sons Which Bar Attorney Mana
han From The Rate Hearings.

Manahan of the Minneapolis Receivers
and Shippers association, who was re.
strained from cross-eXamining President
James J. Hill of the Great Northern
railway, at the continuance of the rate
hearings before the state railroad and
warehouse commission yesterday, says
he will endeavor to GUST the commission
from office.
When asked to state his views Attor-
ney Manahan spoke as follows:
AT the time the hearing commenced,
some time last summer. the railroad at
torneys objected to my appearance in
the case.
They objected on the ground that it
was case that ought to be tried by
the attorney general because it was a
state case. l made the point then, and
still maintain 1T, that the state neve,
filed any complaint against the railroads
at all.
Further, stated that there were no
peadings in the case, either on the side
of the state or anybody else and that
we were just as much in the case as
was the state or anyone. remarked
further that the Minnesota Slippers and
Receivers association would file plead
ings in the case which was offered by
me. This | said, would make lbs formal
parties.
THE commission ruled. after consider
able argument by all the attorneys for
the railroads and by myself, that it
wasn't necessary to have pleadings.
They then recognized us as parties in
the case. We conducted every hearing
that has been held up to Monday. We
examined many witnesses who were
cross examined by the assistant attor
ney general. The commission even welit
so far as to issue subpOenaes when. re-
quested by us so to do, and the secre-
tary of the railroad and warehouse COM
mission even notified witnesses over the
telephone when to be present to appear
at our request.
The legal standing of the Minnesota
shippers and Receivers association was
recognized in every legal way until we
attempted to force Mr.. Hill to testify.
We were then shut out summarily.
''In my Judgment this refusal to recog-
nize the association and my other clients
from the southern and other parts of
the state and theSrefus to call the
witnesses and examine them and par
ticularly the refusal to permit us to
cross examine Mr. Hill. If it does not
show malfeasance i'm office, or ineffi-
cheney, it does show neglect of duty.
This under the statutes of Minnesota is
sufficient cause for the governor to ex-
ercise the power given him by the stat
utes to remove the entire commission
from Office
The attorney for the shippers said
that he would appeal to Governor John
son Immediately Oh his return from the
east and ask him to Dust the commits
sion from office.
Charles +. Staples, representing the
state railway commission, of which he
is member, said:
Eve have eliminated Mr.. Manahan
from these hearings for the simple sea-
son that we are tired of talk and bonn
bast and want results This rate matter
must be brought to a close, and that
soon.
Further, we do not intend to be in
suited any more, nor do we intend to
permit witnesses to be badgered or
heaped with abuse. We made Il mistake
in tolerating it as long as we did. Mr..
Mammalian is out and he will stay out.
hearings, which are authorized by the
legislative enactment, came about
through his acting as attorney for
several clients who claimed to have
grievances against certain roads OF the
state. Those grievances, many of them,
had bearing on the merchandise and
commodity rate investigations, and
when they were taken up he was allow
ed to continue. He showed a familiar
ity with the matter that was helpful,
and by courtesy of Attorney General
Young, who was busy at the time and
unable to be present, we permitted and
aided him in the subpoenaing of wit
nesses and the compulsory giving of tes-
timony by reluctant witnesses.
"But he abused the privileges and our
confidence from the start He was there
bv our courtesy, with no legal rights
whatever, and he began from the start
to insinuate, abuse and insult. He de-
manded. then ordered, and when we re-
fused, made open charges. Even Mr..
Young, who is the sole legal authority
in this matter, was not free from his
attacks. The end finally had to come,
and it came yesterday. He has pro-
longed these hearings, made them a