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THE RAILROAD'S SIDL
Reasons Against the Adopt ion of The So-called Iowa Law. Would Unreasonably Burden Most Important Interest In the State. Sometime ago there were introduoed into boili senate and bouae, bills to regulate railroads as common carriers nud to provide for their control witbin the state by the railroad commissioners. The bill prescribes tbe duties of tbe com missioners, and gives them enlarged oowers over the present law. Tbe authority granted the commis sioners is certainly greater than has ever been given heretofore, and it is fair to say that in the hands of a board in clined to arbitrary action, if the law was enforced, tbe management of the roadB the stato could praotically be taken from tbe companies and put in tbe hands of the commission. If this were practicable under the present laws, ita wisdom and benefits to tbe people would be a matter of conjecture, at least. Alexander Hughes, attorney for tbe Northern Pacific, appeared this week before tbe railroad committee of the house and presented arguments against tbe measure. The powers of the commission to fix rates on inter state commerce business, their rights to fix rates on local business, and other matters of publio interest in connection with railroads were discussed. The regu lation of the minor details of railroading as provided by tbe bill were also dis cussed. As a matter of general interest The Alert gives the substance of the railroad company's case in this matter. Mr. Hughes said: l* "House bill No. 79, if enacted, would confer no benefit upon the people of the state bat would confer upon the com missioners tbe power to harass, annoy, vex and blackmail tbe railroad compa nies. You can confer no power upon tbem to regulate interstate commerce. ^Shipments from any point in this state to any point without tbe state, and ship ments from any point without the state to any point within the state is inter state commerce. The provisions of this act only apply to business beginning and ending in this state. The volume of this business is exceedingly small—the value of local business on all of the roads is small. There is no complaint from the people concerning the rates on this class of business, nor is there any complaint as to the equipment and rolling stock of the companies. You ride in better cars, and on better equipped trains than the people of the east do, as a rule. "This act is based upon the provisions of the Iowa law, which at the time, and «ver since has been regarded as the masterpiece of "crankiBm," fanaticism, populism, prejudice and injustice, and its provisions nave never been enforced, or attempted to be enforced, except in minor particulars. Upon its enactment, all railroad building in the state ceased. .Not a dollar could be secured for invest ment therein, except on tbe main lineB doing a large interstate commerce busi new. Tbe character of tbe equipment of tbe roBds, and the character of tbe cervioe thereon baa materially decreased and is inferior since tbe passage of the act. But conceding that there were conditions existing in Iowa at the time of the enactment that justify suoh a law, there is no like conditions existing in this state they are entirely different. "Iowa is a corn state. Corn, hogs, cattle and coal are its chief productions. 8ionx City, Council Bluffs, Des Moines, Dubuque, Cedar Rapids and other places are great distributing centers. JSighty-five per oent of its coal, seventy per oent of its hogs, and a large per cent of its cattle find a market within tbe state. A very large percentage of tbe earnings of tbe railroads of Iowa, is for business beginning and ending within tbe state which in North Dakota is so email a factor in the earnings of the rail roads of this state as to demand very slight consideration. "All our grain marketed is sent abroad, either in bulk or in flour. Our cattle find a market in Chicago. Our coal is already banled at a rate that is as near the cost of transportation as it can be bandied. Almost every thing that is produced in this state which does not find a home market, is shipped to mar kets beyond the state lines. Our lumber, hardware, groceries, dry goods, in fact almost every artiole purchased for use or consumption (not produoed on tbe farm) is shipped to us from points in other states. It will therefore be observed that all of these articles shipped into the state and shipped out of the state, come under tbe clause of the constitu tion of the United States giving congress the exclusive power to "regulate com merce among the stated." "No power can be conferred npon the railroad commission to establish a tariff of rates upon such commerce. Then how iB the proposed act to benefit the people of tbe Btate? What benefits or blessings does it confer npon tbe farmers of this state? As tbe commission cannot regulate in any manner the tariff rateB in which the people of the state are especially inter ested, what good can it accomplish, if the powers provided in this bill were given to it? Tbe commission may establish a tariff of rateB on shipments of property beginning and ending with in tbe state, bnt such rates must be reasonable. "It is a well known fact that there is not a railroad in this state that can, & from its earnings derived from tariffs now in force, earn sufficient to pay its operating expenses and other necessary expeoses, and pay a fair percentage upon the money invested. It therefore follows that if lower rates were established by the commission on local business, silcb act would be set aside by the court as unjust and unreasonable. "The supreme court of tbe United States bas recently decided in the case of tbe Chicago, Milwaukee' & St. Paul railroad company vs. thestnte of Mmne sota, 134, U. S. (book 33, page 070), and in tbe case of Ripgau et nl. vs. the Far mers' Loan and Trust company, 154, U. S. (book 38, page 1014), that it is not within tbe power of a state legislature, either directly or indirectly, through oommiaaioo, to establish arbitrarily ud without regard to justtoe and right a tariff of rates for suoh transportation which do** not return to tbe company a (•venae sudoient, when fairly managed, to pay the operating expenses thereof, repaiis and other proper expenses to protect, preserve and maintain the property, and also a fair compensation tor tbe use of tbe money invested in tbe property. "By the first motion they are given gent ral supervision of all tbe railroads in the state. Each railroad shall twice a year make fu.l reports to this august body, of the condition and safety of their bridges. What do these commissioners know about bridges? And why should the company make suoh report? They keep in their employ for the inspection and examination of bridges, men who forget more every night, while they are sleeping, about bridges and their construction than these commissioners would know if they lived a thousand years. Again we liud, that if in the opinion of these gen tlemen, noy bridge is not in good order tbe company must put it in such oon ditioo as they direct, within tea day6. No hearing, no investigation is provided. Tiie opinion however tortned is sufficient, and if tbe compuny does not comply, these honorable geiitlemen are directed to stop and prevent any train from pass ing over euoil bridge. Imagine these commissioners attempting to stop a train engaged in interstate commerce from passing along through the utate! Tbe first act of mis kind would land these honorable gentlemen behind tbe bars." Tbe attorney then enumerates many of tbe other provisions of the bill sucn as giving tbe commission tbe right to construe the law and charter of the com pany and to fine tbe latter if not obeyed to order additions to tbe rolling stock, and to repair, said road to change its mode of operation to tine if information of any kind asked for is not given to examine books, documents, officials to employ attorneys at tbe state's expense to order tbe company to switch and handle cars of other roads on conditions prescribed by the commission that uo passes shall be given except to tbe com mission, and heavy penalties are imposed for infractions of the law no right of appeal is given. Mr. Hughes concludes in the following general statements: "Tbe laws now in force confer ample power upon the commissioners, and all the powers they can rightfully exercise under tbe constitution of tbe state and the rules laid down by tbe supreme court of the United States. "Tbe value of tbe property of railroads cannot be destroyed by legislation de priving tbe owners of adequate compen sation. The power which the legislature has is only to prescribe reasonable rates —not any rates. "Tbe foundation of reasonableness is justice. "That which is unjust cannot be rea sonable, and when the strong arm of the legislature is laid upon property in vested in railroad transportation, it must be so laid as to do justice to such in vestors. "The protection of property implies tbe protection of its value. "If enacted, it can not and will not be enforced. Not a mile of railroad will be built in the state while it remains on the statute. It is an attempt to place harsh, unreasonable and vexatious bnrdens upon the largest and most important in terest in the state, a business that is having a hard struggle to earn sufficient revenue to pay its operating expenses, and to enable the carrier to discharge the duties which it owes to the public. These duties the carrier must perform, whether the business is profitable or otherwise." JAMESTOWN CITY AND VICINITY. From Thursday's Daily. Court tlie fresli air day and niglit. —The Physician. Editor Alf. Ellsworth of the Capital was a pilgrim to the state capital yester day. The new chessa factory at Wn eat land will have a capacity of 4,000 pounds daily. The infant child of Veterinarian Moore bas been quite ill with pneumonia for some lime past. G. Torrison, a lumber dealer of Oberon, stopped over in the city today enroute home from an extended eastern visit. Mrs. McGillivray, wife of the inde fatigable senator frum Stark, has the pen with which tbe governor signed tbe Stark county boundary bill. Senator Theden of Minnesota has in troduced in the legislature of that state a bill to establish courts of conciliation, a copy of the law now in force in North Dakota. The attendance at tbe city schools yesterday was so small that it was de cided to adjourn in tbe afternooon until the storm abated. Many of the scholars who braved tbe storm came out more with a desire to save themselves absent marks than anything else. It seems that some of the townships in Sargent county are considering the propositions of bonding to secure seed wheat. Tbe 6cbeme meets with consid erable opposition, however, many town ships that issued seed grain bonds in 1891 having not yet been paid in full by the farmers, who were assisted at that time. The injunction case which was begun against tbe board of trustees of the Mandan reform school, came up Tues day before Judge Winchester at BiB marck, and the proceedings were dis missed. The dismissal of the proceed ings was by consent, and it is understood the board will go no further with the work of preparing a site. The employer of Olson, the man burned at Sterling, declares that the family must have been murdered for the $500 or $600 which Olson had to buy wheat with. This fact must have been known. The bodies were burned so that marks of violence were not to be detected. Tbe sheriff of the county and others were •gain investigating the matter yssterdajr to sse if evidenoe that will olsar up tbe mystery oen be found. Tbe theory is that Olson wss robbed and killed, and tbe murderer or murderers being de tected set lire to the bouse and destroyed ell who knew of the orime. Dr. Archibald has been in Bismarck impressing the need of more room at tbe asylum on tbe attention of tbe members of tbe legislature. The institution has now about 30 more inmates than it should have according to the superin tendent's statement, and another ward building is imperatively needed. Most of tbe patientB are of foreign birth, many residents of tbe state bnt a short time. If the lands given the institution that have been seieoted nan be used as secur ity for bonds, it is believed that money for another ward building can be bad. Senator Fuller has introduced a bill for that purpose. The "boys" at headquarters were today treated to a smoke of natural leaf to bacco, a sample of which Henry Petty brought back with bim from bis visit to Nashville, Tenn. When there, Mr. Petty says, the weather was crisp, just what the owners of orchards wished to prevent the buds, on fruit trees from swelling. Apples, peaches, plums, cher ries, general small fruits and tobacoo are raised in large quantities and the influ ence of the winter months on the fruit crop is of much importance. Mr. Petty does not believe that tobacco can be successfully grown in this state for vari ous reasons. Tobacco similar to the sampls which be showed, was worth about 6c per lb., in Tennessee, for cigar wrappers, eto. South Dakota's legislature bas passed a bill for the sinking* of artesian wells and the promotion of irrigation there from. Under it counties and towns will be able to bond for the sinking of wells under the supervision of the state en gineer, and may rent the water to indi vidual farmers. Nine wells, six inches in diameter, are allowed in each town sbip, or if the wells are four and a half inches in diameter, sixteen are allowed. The state engineer must select the places for the wells and must aocept the work before it is paid for. The township supervisors may convey the water to any points desired and may buy land for that purpose. The water may be used for irrigating, for watering stock, and for household purposes. The town ships must keep tbe wells in repair. From Friday's Daily. Man wants but little here below Of wealth's bright golden calf But when he gets the horns and heels lie wants the other half. —The Speculator. Fred Norton of Oberon is the guest of E. M. Dingman. W. E. Patterson came in last evening from Bismarck, and this morning went south to LaMoure. Fred Conklin, who bas been working extra at the depot and baggage room, is now assisting the states attorney in his office. B. A. Sh'attuck, who represented tbe sixth ward in Fargo on the board of edu cation, bas been succeeded by E. H. Lambert. It is said that friends of Harry Corn wall, and B. S. Russell are endorsing them for appointment on the asylum board of trustees. The new time schedule will reduce the time between the coast and St. Paul 5 hours. It is arranged especially for east bound traffio. No. 2 will make close connections at St. Paul with the fast mails going east and south. J. B. DeNault and Harry Flint of this city, R. Gainsforth of Spiritwood, and Ernest Wanner of Pingree, have been drawn as petit jurors for tbe adjourned term of United States court which con venes at Bismarck, March 12th. Fargo Argus: There is a crying need for more room to care for the poor un fortunates who are being turned away from the Jamestown asylum. These wards must be cared for, and the legis lature should take action on the subject, immediately^ The new time schedules, No. 30 which goes into effect at 11:30 p. m. Sunday, Feb. 10th, were distributed among the railway employes today. This is the first scnedule since, at least Sept. 1893 which went into effect at any other hour of the day than 12:01 a. m. A bill has been introduced to give farm laborers alien on crops for wages, tbe same to have precedence over all others except seed grain and thresher's liens. Wages however must be reason able and what is charged in the same locality for other work of the same kind. Bishop Sbanley writes words of praise for the Keeley cure, saying it is a blessing for those who need it. He notes that men entering the establishment at Far go, moral and physical wreoks, have left after four weeks treatment with health and buoyancy of spirits restored. He considers tbe Keeley institute one of the best in tbe state, and writes his opinion because of a desire to bring before the pablio the best known means to save some unfortnnates. It is said that the new time schedule will make important changes in the "runs" of the postal clerks and may necessitate tbe employment of a couple of helpers west of here. Where now at present the postal clerks remain at Miles City, Mont., six hours before returning it is thought they will be compelled to "lay over" 20 hours also that the clerks running between this city and St. Paul may double baok from here, only remaining in the city about an hour— the interval between the departure of 1 and arrival of 2, the trains meeting at Windsor, 16 miles west of here. From Saturday's Dally. "At last." quoth she, "I sympathize With man, when weariiig these My bloomers, evpn with then- size. Are bagging at the knees." —The New Woman. R. A. Bill is ont again nfter an attack jr,« ,w i? ot scute neuralgia. Tbe vote to move the "Mnti" sohool boass, resulted 20 against to 3 for. It is reported that Tommy Gleason made a monkey of Paddy Cummings at West Superior in their eight round sorap. Frank Olson, of Nisgara, N. D., who has been an inmate of the asylum for a longtime, died yesterday of consump tion. His brother, who is here, will take tbe remains home tonight. Mrs. Scott, a relative of Mrs. Frank Davis of Spiritwood, died yesterday, at the asylum. She had been taken to the institution in hope that a cure for her malady could be obtained. The remains will be taken to Pennsylvania for inter ment Monday. The asylum board finished its business meeting yesterday afternoon and ad journed to meet again March 12th Messrs.Burnham of Wheatland and F. B. Fancber and S. K. McGinnis of this city were present. Little besides usual routine business was transacted and Mr. Burnham returned home last evening. This afternoon at 4 o'clock a meeting was beld in the office of E. W. Camp to discuss the project of erecting a starch factory in this city. Tbe meeting was addressed by W. W. Thayer of Milwau kee, and Jas. Dunn of Biver Falls, Wis., the latter, an experienced builder and operator of starch factories. The per centage of starch in tubers raised in North Dakota is large, amounting to about 13 per cent, and it iB believed that a factory could be suocessfully run in this county. A factory, a year ago, was established at Hankinson and during the first year of its existence has done well. Should it be decided to build and oper ate a factory,here a guarantee of a produc tion of from 150,000 to 200,000 bushels of potatoes will probably be neked. The people of Sargent and Dickey counties who were familiar with tbe death of the brother of Blixt, tbe Minne apolis murderer, last full, have been ex pecting developments in that oase, but nothing has occurred. The brother of Blixt, who was a livery man, and ran a feed mill in Dickey county, is said to have been an bonest, hard-working man. He suddenly disappeared last fall from Harlem, and from what was afterwards learned the collections he had made to pay off hands amounted to over $2,000, which money he was supposed to have had on bis person, but which was never re covered. The body was afterwards found near Forman and there is no doubt in the minds of many that the man was killed. Shortly after tbe Minne apolis murder of Miss Ging tbe papers of that city had sometning about the Da kota affair, but it has never been probed to the bottom. It is said that two men, one tbe Minneapolis Blixt, came to Har lem and either tried to hire a rig or went on foot to the place where Mr. Blixt was working. The other of the two men is not known, but by some is believed to be Hay ward. Tbe people in that section of the state believe there was foul play and would like to see tbe oase shown up Today the city bas been without a water supply and without fire protection, owing to a break in the branch water main at the corner of Fifth avenue and Fourth St. The repair of tbe pipe neces sitated the shutting off the water from the entire city, the break occurring iu close proximity to tbe well. The hotels, barber shops and all 'business houses UBing the artesian supply have been in convenienced and put to considerable trouble to overcome tbe temporary lack of water. In thin inconvenience, lack of power for water motors and lack of fire protection, is one of the strongest argu ments that can be produced in favor of an additional well to supplement the power and water supply furnished by the present well. It is like carrying all ones eggs to market in one basket: if an accident occurs to the basket all are in jured and none saved. If, by any ac cident, this well should become dis abled tbe city will be at tbe complete meroy of a conflagration and the conse quences would be disastrous in the ex treme. The present well—2}4 inch in diameter—is already taxed to its utmost, the casing has been subjected to tbe erod ing effects of nlkalines. and chemicals in the water and sand thrown up by the well and is liable to become temporarily, if not permanently disabled. The sub ject of anew well, larger in capacity, has been discussed by the city authorities and the advisability of establishing a fund for such a purpose considered. The broken main wns found to be a short piece, about two feet iD length, and it, was thought that it could be replaced, or the defect remedied, and water turned on before dark. Methods of Lighting. From the pine torch of the savage to the incandescent electric light is a long stride, and the greater portion of it bas been taken by man in the past hundred years. Until the invention of illuminat ing gas, men depended on oil and a wick, in all forms from the stone lamps of the Romans, and the saucer and tallow rag of our own backwoodmen, to the glass lamp with the argand burner supplied with the spermaceti oil of the whale. The lighting of city streets, however, ap pears to be of considerable antiquity, as Antiocb seems to have bad i's streets lighted in the third century, while there is still extant an order of the governor of Edessa, 505 A. D., that tbe street lamps should be kept burning all night. Paris was the first modern city to have lighted streets, 1524, the practice having died out during the middle ngen. In London, when it was proposed, the ob jection was seriously urged that people would be unable *o sleep in their houses, if tbe streets were lighted. Until a dozen years ago, gas wns the great artificial illuminator, and it has not lest its plaoe, since several of the leading railroads, Bnch as The Burlington, light their sleepers and coaches wir.h the Pintsch compressed gap, carried in iron cylinders under tbe car. Tn other respects, as well as that of a brilliant vet soft and agree able illumination, The Burlington is a model line, and people who have made acquaintance with its merits, are quite sure to buy their tickets that way. For more light on the subject, or for maps, time-tables or tickets, call on your local agent, or address W. J. C. Kenyon, Gen, Pass. Agent, St. Paul, Minn. Hiver National Bank, Jamestown, N. D. rrr THE NEW I» H. PAIGE. o. w. Bestow. PAIGE & HORTON, Grain Commission PULUTH bUPERIOR MINNEAPOLIS Make a Specialty of Selling Wheat Direct to Mills by Sample—Consign* merits Solicited and Correspondence Invited—Careful Attention given to the Handling of Flax, Barley, Rye and Oats. ^"RjtKKRKffCKs—Northwestern National Bank, West Superior, Wis. First National Bant Casseltpn, N. J). Hrst National Bank. Mayville,N, !. Steele County Bank, Hope,N. IX During present month farmers ire advised to bill their Wheat to West Superior, their other grain to Duluth. INSURANCE, REAL ESTATE, FINAL PROOFS, HOUSES FOR RENT If you have a farm or lot to sell, list with me my lists are largely distributed in tfc a east, where they will do most good. Farms to ell in all localities, and at all prices and terms. Correspondence solicited. Loans and Collections. Taxes paid for non-residents. Steamship and R. R. Tickets. Grain and Stock Farms Managed W. B. S. TRIMBLE, Jamestown, N. D. GULL RIVER LUMBER COMPANY. S «S EUjEEFS02£TE! iTO. GEORGE LUTZ. Lumber, Coal Wood, Brick, Lime, Cement, Plaster and General Builders' Supplies. iephou 67. Office Cor. th Ave. and FrontSt. Capital Hotel, RE-OPENED APRIL 1st, 1894. ENTIRELY NEW, ELECTRIC LIGHTED, COMPLETELY REFITTED THROUGHOUT, ALL NEW FURNITURE, of the best quality. SANITARY PLUMBING STEAM HEAT Do You Read? G. W. XNGRAHAM & SON, Prop's. ROLLER At ILLS. RUSSELL, MILLER MILLING COMPANY, Proprietors, Manufacturers of FLOUR AND FEED, THE CELEBRATED BRANDS: Belle of Jamestown. A Pat'nt Golden Northwest IF SO YOU SHOULD SUBSCRIBE FOR THE WTIEZXY .iL.XjIBIEST- AND GET ALL THEJLATEST NEWS OF THE DAY. Seed. AVlieat Wanted. In exchange for subscription—65 cents allowed for good seed delivered. Wheat taken at any time. James 13 Chamber of Commerce, MINNEAPOLIS. Boom 481 Chamber of Commerce. DULUTH. Q7. The ^Vlert.