The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-01-03

The complete syllabus of the North
Dakota supreme court decision in the
Ignite case, as handed GOWN See'eA"
day, was as follows:
In the supreme court, state OF Nortn
Dakota, State Of North Dakota, eH
rel, T. +. McCue, attorney general,
plaintiff, VS.. Northern Pacific ttali"ay
Co, defendant, and VS.. Great Nortnern
Railway Co.. defendant, and VS.. MIN"
neapolis, st. Paul & Sault Ste. Marie
Railway Co., defendant. -,
Three separate actions, against the
above named defendants seVerally'
were, consolidated as to proof and are
decided by this opinion. These actions
were begun bv the state to compel
observance by defendants of chapter
81, of the session laws. Of 1907 pre-
scribing g. maximum intrastata freight
ate for transportation Of ignite coal
and requiring that when a shlprnen1
is over more than one rallroao thle
entire distance shall be considered as
one haul and the freight rate pro-
rated between said carriers.
The granting of the Writs compell-
ing observance of the statutory rate
was opposed under tho defense that
the statute was void because SO low
as to be con~fiscatory of the property
of the carriers and hence v~iolative OF
the fourteenth amendment to the
federal constitution. This contention
was overruled by this court in the
opinion at 10 N. D. As, filed in 1909,
and writs as asked by the state were
ordered to issue. The defendants ap-
pealed to the United States Supreme
court, which affirmed said decision
without prejudice u granted defend"
ants permission to reopen the case
H.. .-a.e--;k. -~~naoli,o d Sf nffav
adequate trial." with the rates in
force, they should see fit to again
present the results under the rates
as proof Of the confiscatory character
Of the statutory coal rate. The statu-
tory rate was put in effect and the
railroads are still operating under 1t.
In 1912 they again submitted proof to
this court of the receipts for the fiscal
year next preceding June 30. 1911. to-
gether with proof Of expenses charge
acle aga inst the Ignite coal. traffic.
Each road has submitted it's separate
proof and contention that the statu-
revenue to defray the expenses OF
carriage OF this coal, to the effect that
the state is compelling its common
carriers to transport this commodity
for less than cost and therefore con-
fiscating their property. The proof
was taken, as in the original lro-
ceedings before this court, by a
referee, who has reported all the ;esti-
E1ony offered but was not authorized
to make, and who has not made, find
ings Of fact or conclusions Of law.
This court has made separate and
full findings Of fact, under the proof
submitted. as to the effect Of the rate
upon each road. 1t .1nds'
/. That as to the Great Northern
Railway Co, owing to conditions
peculiar to the country traversed by it,
the statutory rate yields it a reason
ably fair compensation over and above
all charges and expenses against the
Ignite traffic, and that as to it the
statutory rate is reasonably COM
~pensatory.
2. That as to the Northern Pacific
Railway Co., out of total freight
SOS, 953, the total cost of transporta-
ton, or out-of-pocket costs, together
with all fixed or overhead expenses
objectionable to said Ignite traffic,
consumed all Of said receipts except
ing $S47, it's net profit in the handling
of the Ignite business for the twelve
months in question. That such rate
is slightly remunerative but in fact
non-compensatory, considering the
volume, of freight carried and the
property of the railroad devoted
thereto.
8. That the total 500 line freight
receipts from Ignite coal hauled dur
ing said fiscal ear amounted to $685.
$40. That nearly one-half of its an
tire Ignite coal tonnage originated at
Wilton, 1882 carloads of which was
hauled only twenty-eight miles to Bis
marck and delivered to the Northern
Pacific carrier for an average haul by
it of los miles. upon which the freight
rate when pro-rated as to distance, as
required by the statute, has reduced
what the 500 carrier would otherwise
receive under the statute from 4C
cents per ton to 24.5 cents per ton
for the 2,532 carloads thus delivered
Ito the Northern Pacific during the