The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-03-22
500 LINE AND
G. n. AFFECTED
Commission Orders Wyes at
Bisbee, Lansford and
Omemee Before July1
SHORT RATE MUST
| GOVERN SHIPMENTS
Companies Compelled to Establisll
joint Tariffs-Failurc to Agree on
Such Rates Means Hearing Before
the Board to Adjust Same,
(Times Special service.y

(Times Special Service.J
Bismarck, N. D., March 22.-Phy.
steal connections between the 500 rail.
road and the Great Northern railroad
Bisbee, and the establishment of q
joint tariff based on the shortest haul
between given points on the two lines
is also ordered in a decision given by
the North Dakota board of railroad
commissioners growing out of the ap.
plication Of the National Briquetting
company for such service.
The order is extremely important to
shippers working into the territory,
particularly to the towns on the 500
line, and it is the first time that the
railroad commission has assumed
such jurisdiction.
Following is the full decision Of the
board:
In the matter Of the application Of
the National Briquetting company for
an order requiring the Great Northern
Railway company and the Mime.
apolis, st. Paul and Sault Ste. Marie
Railway companies to bill all ship.
ments of coal offered by petitioner
over the shortest and cheapest route
to its destination.
Report and Order.
For many years there has been a
law on our statute books requiring
railroads intersecting each other at
grade to make physical connections.
or to furnish other suitable facilities
for the transfer of cars and traffic
The law as originally passed in 1899
made it the duty of intersecting rail-
roads to provide such connections
when deemed necessary by the board
Of railroad commissioners" but there
was no provision for a hearing before
the board upon notice to the COM
panies to determine the necessity OF
was simply required to give the COM
panies sixty days time in which to
construct a connecting switch or wye,
and the companies were made liable
to a penalty If they refused to obey
the order of the commission. One
or two attempts were made to enforce
this law in the district court but they
proved abortive. the courts doubtless
holding the act to be unconstitution-
al in falling to provide for a hearing
by the board upon the question of the
necessity of a physical connection in
each individual instance.
During the session of 1911 new
the objection Of illegality
made against the act Of 1899, and this
law provides for ample notice to all
parties interested and for hearing
at which the board of railroad COM
missioners shall determine whether
1t is necessary and eXpedient to re.
quire the construction Of such trans
jected into the act providing that in
the absence Of adequate transfer
facilities freight should be delivered
to the connecting line at some other
point. but in such cases
the same tari should be applied by
each railroad as If the freight were
shipped over the shortest route. 1t
panies voluntarily constructed their
taris upon the basis Of the short
routing provided for by the statute.
This application was made by the
National Briquetting company, which
operates a coal mine at Kenmare, N.
D.. asking that the Great Northern
company and the Minneapo-
lis. St. Paul and Sault Ste. Marie
company be required to es-
tablish taris between points on their
dierent systems which could be
served by the shorter lines in case
yves We're constructed at the points
where the railroads Of these com.
panies intersect each other.
A sufficient and adequate notice Of
this hearing was served upon all the
railroads doing business within the
state. However, the order of this
board at this time will not go further
than the relief prayed for in the ap-
plication, and will therefore not un-
dertake to determine the necessity Of
served by other roads than the two
above mentioned. The notice served
upon these two companies required
them to appear and show cause upon
Jan. 81. 1913. il any there might be,
why wyes should not be installed at
these two roads. to-wit: Lansford,
omemee, Rolette, Bisbee, Conway.
md at the junction of the two lines
vest Of Alsen and south Of Munich.
The commission was convinced
from the evidence introduced at the
hearing that there was a necessity for
he installation Of wyes at several Of
here seems to be no especial reason,
for delay in shipments. why
he same service cannot be obtained
~ the construction of tariffs at these
points based upon the shorter haul.
However. the commission has con-
'luded to require the two companies
named to construct wyes at the towns
If Lansford, Omemee and Bisbee
within sixty days from the first day
II May. 1913. The commission in-
tead of ordering physical connections
It the other towns name" has con-
luded to require publication of tariffs
liking rate for all commodities Ind
lasses of freight between all of the
tations upon the two lines mentioned
within the state where a physical
at any point of intersec-
ion would make the distance shorter
han it now is by the lines Of railroads
low existing. said tariffs to be uni-
orm and consistent with other roads
or similar distances.
Wherefore it is ordered and direct.
d, that the Great Northern Railway
company and the Minneapolis. st.
PAUL and Sault Ste. Marie Railway
company within sixty days after the
Lrst day of May. 1913, install ply.
ical connection between their two
ines OF railroad at the towns OF