Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1909-04-22
The LIcNITE COAL RATE
Points Arising In the Case. May
be of Great Advantage
to Public.

Bismarck, April ::ls. -special-As
reported heretofore, the supreme
court has upheld the state law re.
garding rates Of transportation on
Ignite coal. It's vne Of the most
important casesSyet decided on this
subject and it is believed that the
decision will enlarge the use Of the
state native coal supply. The main
point involved was.whether the state
rate was unreasonable or not.
The court holds that the test of
the reasonableness Of the rates is
whether the roads will be able to
earn a fair profit upon their entire
business, and it finds also that the
roads have not overcome the pre-
sumption of reasonableness by the
evidence they have produced. Con-
tinuing further the court has the fol-
lowing on this point:
Defendants counsel contend, how
ever, in effect, that such class OF
freight must be required to bear its
share necessary to insure to the car
rier reasonable compensation for its
service to the public. This argu..
ment, in qualified sense, is sound.
It should, Of course, be required to
bear its just and equitable burden,
but it is everywhere held proper and
Just that freight commodities should
be classified in fixing rates. and that
reasonable rate for one class may
be entirely unreasonable as to an
other class, although both are iden-
tical as to bulk and weight and the
expense to the carrier is as great for
the transportation of one as to the
other.
What is reasonable andequit.
able rate for one commodity may
be wholly unreasonable and in
equitable as to another. Coal, being
a necessity and in general use by the
public, is and justly should be favored
in making up rate classitcations and
schedules, and it is perfectly legfti-
mate to permit the carrier, in order
to earn reasonable compensation
upon its entire interstate TRAFFIC, to
charge and collect high enough rate
on general traffic to make up any
deficiency caused by lower rate on
special commodities such as coal.
Whether rate on any special COM
modify which is so low as to entail
positive loss to the carrier in so far
as the transportation of such partic-
ular commodity is concerned, is nee
essarily valid, we are not here re-
Quired to decide, as We consider the
evidence insufficient, for reasons
above stated, to disclose the existence
Of any such conditions. The federal
supreme court in Minneapolis and
st. f. r. Co. VS., Mimi, supra, fully
sustains US In these views. We again
quote from the opinion: "* - We
do not think it beyond the power of
the state commission to reduce the
freight upon particular article,
provided the companies are able to
earn a fair profit upon their entire
business. and that the burden is up
on them to impeacl, the section Of
the G commission in this particular"
In the nature of things It is JIM
possible to say with any degree Of
accuracy what the effect of the en-
forcement Of such statutory rates
will be, and there can be no accurate
test except the test of experience.
The natural effect of cheaper rates
will be to increase the demand for
native coal all over the state, and
this may result in enabling the car
.rier to transport such article in train
load lots, and hence at greatly de-
creased expense.
BOUGHT North DAKOTA TnoRoBREDs
A car containing two young sta'-
lions raised In North Dakota was
south bound Monday to Hitchcock,
South Dakota. The stations were
raised on the farm Of Donald Camp
bell in Griggs county, who exhibited
the stock last year at the jamestown
fair. Both we're Clydesdales, one was
three years old aud the other year
ling. The owner Is Mr.. Stowmsn,
who said that his purchasers were
entirely satisfactory and were cer-
tainly an indication Of the success
and profit Of growing thoroughbred
I stock in North Da kota. 5.
TnRowlse DIM NAV l
Y Reports from Mandan are that