The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-10-26
Railroad News
COMMISSION IS
HARD At WORK
RAILROAD COMMISSION pisPosEs
or TROUBLESOME DAKOTA
TRUST QUESTION.


Grand Forks, ". d. oct. 2e.-The
state railroad commission. with Chair
man w. Fl. stutsman, w. H. Mann
and Secretary Thomas Hail present
put In busy day at the courthouse
yesterday. Quite a grfst OF business
was disposed OF and IL is expected that
the commission Will adjourn TODAY to
meet again on Nov. Is in Fargo. The
commission yesterday disposed to the
troublesome question regarding the
bonds furnished elevator companies
by the Dakota Trust Co. by tentative
~ approving the bonds pending the
decision Of the courts. The Leeds
railroad schedule was up. but no de-
cision was reached. o. J. Barnes OF
this city, appeared before the board
and complained that he Yves not fur
ished with refrigerator cars in which
to ship potatoes. A telegram was for
warded by the commission to the
freight traffic superintendent in ST.
Paul on the subject The petition OF
Thompson and Erickson asking for a
spur track between Buxton and Reyn-
olds in order that they can haul sand
and gravel from their pit was UP and
the hearing set for Monday. Nov. IL,
at ii o'clock, In Fargo.
Tentative Action.
Owing to the fact that the commits
sion was not satisfied with the trust
company's settlement OF the loss at
Turtle Lake which occurred last win
ter. the. commission had failed I'D to
the present meeting to approve the
company's new bonds for 1911 and
1912. Judge Engerud appeared be-
fore the board yesterday in behalf Of
the company asking the commission to
approve the bonds tentatively and
grant licenses subject to a decision of
the courts as to the action OF the COM
mission In withholding Its approval of
the new bonds.
The petition Of the trust company is
that the approval of bands by the
commission Is a ministerial act and
that the commission has no discretion
in the matter and cannot refuse to
approve bonds that are regular in
form.
The commission takes the position
that the approval of the elevator
bonds is judicial function and that
the commission may withhold approv-
al or even withdraw approval Of bonds
already approved where for good
cause, It determines that the bonds
are not satisfactory. The result OF the
stipulation is that the licenses Will be
issued and the bonds now offered APP
proved pending the determination Of
the point at issue by an action now
pending in the courts which will de-
termine whether or not the commits
sion has discretion as to take such &C.
ton as 1t sees ut.
Would Disrupt Service.
The Leeds railroad schedule also
was before the board yesterday.
Messrs. Gruber. Leverich and LaRue
Of the Great Northern, and Birdsell
Of the Northern Pacific, appeared to
oppose the proposed change in sched-
ules, declaring that to change the
schedules would necessitate a COM
plete revision of the schedules over
the entire system. AS the trains op-
crate now, they are timed for the ter
minai work, and a change at Leeds
such as has been asked for, the COM
panies declare, would work a hard
ship. Fifteen days was given in which
to file statements of the proposition.
AT Ia A6NOhe NASA q NA45 NA@&ACA4h ASA
ed that trains Nos. and 4 Of the
Northern Pacific be stopped. the board
decided to hold It's decision in abey-
ance until such time as they could
secure statement of the passenger
receipts at the station, as well as at
stations Of similar size.
During the afternoon session Of the
board o. ]. Barnes Of this city, made
- A. -
were failing to furnish refrigerator
cars for the shipment OF potatoes and
said that he believed something should
be done to protect the potato raiser
and shipper from loss In shipments.
The question was discussed at some
length by the board and telegram
forwarded to st Paul along lines sug-
gested by Chairman Etutsman of the
commission. In making his complaint
Mr.. Barnes called attention to the