The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-11
PURCHASER TO
GET A REFUND
THOSE WHO BUY TICKETS NOW
IN MINNESOTA WILL GET
MONEY BACK.

Minneapolis. June 1.-THE 2-cent a
mile passenger rate will be in opera
ton again on all Minnesota railroads
in about thirty days as the result. of
the United States supreme court deci-
sion in the Minnesota rate case ac-
cording to Atty. Gen. Lyndon A. Smith.
Meanwhile every purchaser of a ticket
on the railroad in Minnesota for
transportation between points within
the state will be given a. receipt, if it
is asked for, and will get 90 refund
when the 2-cent fare becomes operat-
i've. Every holder Of a receipt for the
purchase price of a passenger ticket in
Minnesota at any time after June 1,
1911, except in: the case of the Mime
apolis & st. Louis road, will be able to
l%collect the difference between 2 cents
and 8 cents a mile by filing a claim
with the state railroad and warehouse
commission,
All shippers of merchandise who,
since June 1, 1911, have paid the rates
demanded by the railroads in Mime
sofa n who have expense. bills will
be able to collect the difference be-
tween the rates ordered by the state
commission and those actually collect
ed by the railroads. Shippers may also
collect the difference between the
commoditey rates fixed by law and
rates actually charged since June l,
1907. The total of such refunds is es-
timated at $3,000,0 900. The state legis-
lature established the principle In
1903 that the railroads would have to
return to shippers excessive tariffs
collected If the state won in the SUI
preme court.
1T usually takes about thirty days
to get a mandate and remittitur of
the supreme court" said Attorney
General Smith. "As soon as that is
received the lower court should dis
miss the cases. 1t is then UP to the
railroad companies to obey the state
law without any further delay. They
might delay the matter some by ap-
plying for a reargument, but it is
very seldom that the supreme cour
grants a reargument, and in this case,
the decision being unanimous, it is
most improbable
Confirmed State Right.
Jermane, in a Washington special
to The Minneapolis Journal, says:
In his elaborate opinion in the Min
nesota rate cases, Justice Hughes con-
1rmed absolutely the right of the
state n of its agent, the state rail-
road and warehouse commission, TO
fix rates for transportation of pas
sengers and freight wholly within the
state borders. In considering this
question Justice Hughes quoted at
length from a decision in the case of
Gibbons versus Ogden, in which Chief
Justice Marshall announced the prin-
ciple that the federal government had
supreme authority over the interstate
commerce and which was relied upon
by the railroads to support their con-
tention that the Minnesota rates un-
der review were an interference with
interstate commerce.
Justice Hughes also condemned the
method Of valuation adopted by
master and by the circuit court Of
appeals. He did not, however, indi-
cate very clearly the method that
should have been adopted in ascer-
tanning the value Of the physical
property of the Great Northern,
Northern Pacific and Minneapolis and
st. Louis roads. He also condemned
the findings Of master and of the
courts below in relation to the diyi-
sion Of interstate and Interstate
revenues n expenses.