The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-12-05
YOUNG REVIEWS
The RATE CASE
ATTORNEY GENERAL. EXPLAINS
THE MAMMALIAN INCIDENT.
Says Railroad Commission Should For
ever Debar the Attorney from Ap-
pearing Before It Shippers Asso-
citation Has Refused His Assistance
Reduction Should Be Made.

the rate hearings, and especially the
vexed question Of connection Of James
Manahan, attorney for the Minnesota
Shippers association, with the hear
ings. He speaks in scathing terms not
only Of Mr.. aMnahan, but of the ship
pers' association, which now that Man
ahan is, no longer in the case, refuses
to come forward with evidence for the
state. I'LL
Mr.. Young's statement follows:
! lowing to the many erroneous and
misleading statements that have been
published on the subject, Il 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. 49,
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 at
torney on behalf Of any private COM
plainant, but in any case instituted by
the commission no one but the attor-
ney general has any right to appear
for the state, or for the commission,
without their express consent
Mr.. Manahan appeared before the
commission during tn erecent merchan-
disc rate hearing and asked leave to
present some testimony. The proceed
ing was Irregular; he had no author
ity to appear for the state, and other
counsel had already appeared for the
the commission decided to hear him
in an informal way, and, taking ad-
vantage Of the privilege so granted,
he proceeded to consume several weeks
of time in pretended examination of
witnesses and in making speeches that
had little if any connection with the
Investigation.
facts involved, he grew abusive, in
suited the commission and accused
them, and all other officers Of the
state, of dishonesty, ascribing that as
the motive why they interfered with
his methods. If Mr.. Manahan 8
behavior before the commission had
been attempted before any court
he would have landed in jail for con-
tempt. When matters reached this
stage l advised the commission to re-
fuse 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.
Abused Privilege.
"About Oct. l the commission re-
sumed the rate investigation under the
legislative resolution referred to, and
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 few witnesses, who
he claimed to have and which he said
would take two or three days. He i'm
medlately commenced calling witnesses
who knew nothing about the matters
relevant and insulting questions.
The commission, with patience that
! exceeded all reason, permitted him to
go on in this way for three consecu-
j tive weeks, during which time not one
particle OF evidence Of any value was
brought ont. The commission then ad-
yo9rned the hearing indefinitely and
Informed me that they would not take
1t up again until l was able to be pres
emit. either in person or by one Of nv
assistants to take charge Of the exami-
nation OF witnesses, so that the in
quiry could be conducted in an orderly
way, kept within the limits of the sub
lect and be FASTENED to conclusion.
P16lc notice was SO given.
Il am assured by members Of the
commission that the col-called sShip-
has furnished either fact of an idea
IN relation to rates during, this whole
inquiry. L am Informed, further, that
they never have furnished a witness
who knew anything about the subject
that was being Investigated. Their
only contribution to the hearing has
been Manahan. The only persons who
appeared before the commission are
Ihose they themselves have summoned.
assoc1ation' 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
belng investigated, so that they could
be subpenaed to give their testimony.
ceived
"From the testimony which has been
obtained since this office took charge
dent that the railroads of this state
have been piling up such enormous sur.
plus earnings in the last five years
that a. substantial reduction Of rates
on grain, coal and lumber is not only
lustltable, but imperatively necessary,
just what the reduction should be and
how the inharmonious and chaotic
schedules turnout the state ought to
be modified are matters calling for the
thoughtful and deliberate considera.
tion Of the commission. IF there were
veritable "Shippers and Receivers
association,' composed of men who
had any knowledge on this subject
they would Justify their existence at
this time by making suggestions to the
commission as to how best to solve
the different problems. But the sham
affair represented by Manahan and
LOTUS is Of no use to anyone but
themselves. 49,
"In conclusion, I want to saw thai
Mr.. Manahan had no more right under
the law to inject himself into This
state case without the consent of the
commission than he had to take
charge of any other law business OF
the state. If the railway commission
ers have that high sense of self-respect
:, which [ believe they have, instead OF
temporizing with Mr.. Mammalian they
will enter on their records an orde1
permanently disbarring him from prac
tice before them for his manifold Of
fenses against the rules of propriety
and decent orderly practice in proceed
ings Of this kind :
| y, -"-. &c. T. Young.''
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