Minnesota, the North Star StateFolwell, William Watts
History
Minnesota, the North Star State
Folwell, William Watts
Minnesota -- History
Governor Austin, in his inaugural address of 1870, went no further than
to ask the attention of the legislature to the complaints of railroad
extortions and discriminations, and the use of the constitutional
powers possessed by it for their abatement. His first annual message,
delivered one year later, is a notable document in the literature of
railroad regulation. It may be questioned whether there was another
state executive in the country ready at that time to nail any such
array of theses on the doors of the capitol. His propositions, briefed
out of his text, were: 1. All special railroad charters not put into
operation within ten days after consummation, to be void. 2. Every
railroad corporation doing business within the state to maintain a
public office within the state, and keep therein records of the
officials, capitalization, assets, and liabilities. 3. No new road to
be built parallel to an existing road. 4. All railroads in the state to
be public highways free to all persons for transportation at reasonable
charges. 5. No railroad company to issue any stocks and bonds except
for money, labor, or property actually received and applied to the
purposes of the corporation; all fictitious stocks and bonds to be
void, and no increase of either, unless in a manner prescribed by law.
6. The state’s right of eminent domain to apply to railroad as to other
property. 7. Adequate penalties, extending if deemed necessary to
forfeiture of property and franchise, to be provided for unjust
discrimination or extortion. 8. Finally, the creation of a national
railroad commission for the regulation of commerce by rail and
otherwise among the several states.
It is remarkable that the same legislature which passed the 500,000
acre land grab also enacted one of the first and most stringent acts
for railroad regulation. It is chapter 24 of the General Laws of 1871.
It classified all freight and fixed a maximum rate for each of the five
classes, according to distance. It determined a maximum passenger fare
of five cents per mile. It declared all railroads in the state to be
public highways, and fixed a penalty of $1000 for every denial of the
right of any person to travel or ship goods at the prescribed rates.
The law finally declared the rates therein established to be “maximum
reasonable rates,” and any corporation demanding or receiving more
should, on conviction, forfeit its charter.
Public-domain text, read in full here on John Shaqi.
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