Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-12
Minnesota Shippers Assoc
tions Plan Epoch Making
Campaign
Suits Brought in Counties May cal
Scramble to Obey State Laws-Ji
Promised for, Offenders - shipps
May be Liable for contempt-ca
Men Concerned Over Situation.

Minnea polls. Aug. 12.-Minnesota
to be the theater of conflict betwes
the state and federal courts over Il
question Of railroad rate REGULATED
like the recent episode in North Carr
lima. In this instance the state O
ficials will not be parties to the troi
Bile, because they are resting under il
junction.
The movement comes from the Mil
nesota Shippers and Receivers ASS
citation. Members Of that body have
received letters from the 'headquarte
asking If they will do their part
the coming campaign Several hay
already replied and declared themselvi
willing to act.
The program Is to lay complaint bt
fore the county attorneys in differel
counties of the state for violation I
the commodity law against III
highest railroad officials in the differ
ent counties. Under that law eac
official found guilty of refusing t
adopt the rates provided is liable I
imprisonment in the county jail for nc
more than ninety days, without the or
ton of fine. Indictment is not neces
sary. The only case heretofore brought
the Olson case at Mortified. was trteE
In municipal court.
The railroads are bound by Judg
| Yloo {ni IN ~
obey the ommodity-rate law. The
will bring this up as a defense In tn,
state courts, and there the question o
conflicting jurisdiction will arise.
The highest officials Of the railroaf
companies will not escape, for the pro
gram calls for bringing several suits
both in Hennepin and Ramsey coun,
ties and naming the presidents or th'
head traffic officials Of each road a.
parties defendant.
Complaints will be filed in severa
counties by members of the assoctaI
ton, and some shippers not in the as
sociation are expected to act. Coun,
ties where the prosecuting officials art
known to be in sympathy will be
picked out. The association stands
ready to give legal assistance in any
locality where it is wanted. 1t is con-
sidered likely that Minneapolis will bt
a storm center of this new litigation
program.
The shippers realize that they run
danger Of being hauled before Judge
Lochran for contempt, but some OF
them would court such action. They
know that sympathy would not be
lacking, and that habeas. corpus pro-
ceedings would speedily be taken. get
ting the whole issue before a higher
court.
Coal men are much concerned in the
situation. They say that local coal
dealers over the state are not buying
their winter supply, for fear the lower
rate will be put in after they have
shipped and will give their competitor
an advantage. They are holding of
as long as possible and the situation
may become acute when cold weather
begins.
The suits will effect rates on grain,
lumber, coal, and live stock, which
were fixed by a maximum schedule In
the commodity rate law. Railroad Of
fcials were forbidden. on pain OF
to charge any higher
rate for given distances than the law
provided. The law became effective
June 1, but the day before, railroad
secured the restraining
orders from Judge Lochren. forbidding
the railroads from putting in the rates,
and the state officials from enforcing
the law.
Certain shippers were arso named as
defendants in each suit and were en-
Joined by name from proceeding to
have the law enforced. The injunc-
ton was then directed in general terms
against all other shippers, and 1T is
claimed by railroad attorneys that the
Injunction is a broad blanket, covering
everybody in Minnesota and absolutely
action. That will be for the state courts
to decide, If Judge Lochren does not
take a hand himself
James Manahan. attorney for the as
has been co-operatin with
ts commissioner, George S. Lotus, in
working up this movement.
The association is also working for
In extra session Of the legislature
Letters are being sent to members Of
he association, asking them to inter-
view their senators and representatives
n the legislature and get them to write
o Governor Johnson. They want him
Urged by concerted movement to call
IN extra session for the purpose OF
passing railroad legislation.