Several complaints of a similar nature had been filed previously, at different intervals with this commission, the complainants in each case being informed that this commission had no jurisdiction whatever over interstate business; but in this case the commission were requested to present the petition to the Interstate Commerce Commission, and deemed it advisable so to do, and thus settle if possible, other questions in dispute in that territory of like character, by having the Interstate Commerce Commission pass upon them. The following is a copy of the case above referred to. Hon. Ira B. Mills, MINNESOTA MUNICIPAL AND COMMERCIAL LEAGUE. Exhibit "A." Chairman State Railroad and Warehouse Commission. Dear Sir:-The enclosed petition addressed to the Interstate Commerce Commission of the United States by John Wickey, petitioner, in behalf of the Cannon Falls Farmers Elevator Company, was filed with me as president of the Minnesota Municipal and Commercial League with the request that I take the necessary steps to bring the matter before the Interstate Commerce Commission. Believing that it is the duty of the state of Minnesota to protect its citizens against illegal and discriminating action on the part of the transportation companies doing interstate business, I take the liberty of forwarding this petition to you and to make the request that your honorable commission on behalf of the state bring the matter officially to the attention of the Interstate Commerce Commission. The Cannon Falls Farmers Elevator Company is duly incorporated under the state laws of Minnesota and is engaged in a general grain business at Cannon Falls. Last year it purchased from the farmers 400,000 bushels of grain which, I believe was practically all shipped out over the Great Western railway. The corporation feels that it is justly entitled to the protection of the great state which gave it being. If a man gets drunk on the streets of Cannon Falls, the state of Minnesota by its legal representative appears against him. If a transportation company violates the laws, state and national, in regard to discrimination, why should not the state of Minnesota appear against the company on behalf of the individual citizen? Hon. E. A. Moseley, Hoping that you will take official cognizance of this complaint and will officially appear before the interstate commission in support thereof, I am, Yours truly, L. A. ROSING. (Copy.) St. Paul, Minn., June 26, 1903. Secretary Interstate Commerce Commission, Dear Sir:-I enclose herewith complaint and petition of the Cannon Falls Farmers Elevator Company vs. the Chicago Great Western Railway Company and the Chicago, Milwaukee & St. Paul Railway Company which has been filed in this office by complainants with request that we transmit same to your honorable commission. Our commissioners express the hope that if an order for hearing is made in this matter, that it will be fixed at St. Paul, as the questions raised are a matter of interest to numerous persons outside of the petitioners, who will without doubt be desirous of testifying in the premises, and it will prove a matter of convenience and accommodation to them. Enclosure. Yours truly, A. C. CLAUSEN, vs. (Copy.) INTERSTATE COMMERCE COMMISSION. Secretary. Washington, June 30, 1903. Mr. A. C. Clausen, Secretary Railroad and Warehouse Commission of Minnesota, Dear Sir:-The petition of the Cannon Falls Farmers Elevator Company against the Chicago Great Western Railway Company and the Chicago, Milwaukee & St. Paul Railway Company has been received and filed. A copy of the petition has this day been served upon the defendant carriers, with notice to satisfy the complaint or to answer the same in writing within twenty days. Very respectfully, EDW. A. MOSELEY, Secretary. Exhibit "B.” BEFORE THE INTERSTATE COMMERCE COMMISSION OF THE UNITED STATES. IN THE MATTER OF THE CANNON FALLS FARMERS ELEVATOR COMPANY, CHICAGO GREAT WESTERN RAILWAY COMPANY, and THE CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY. To the Honorable, the Interstate Commerce Commission of the United States: Your petitioner, the Cannon Falls Farmers Elevator Company respectfully states that it is a corporation duly created, organized and existing under and by virtue of the laws of the state of Minnesota, and engaged in operating an elevator and buying wheat, rye and other small grains at Cannon Falls, Minnesota, and selling and shipping the same to Chicago, Illinois, and Louisville, Kentucky, and other markets. That Cannon Falls where said elevator is located is an incorporated city situated in Goodhue county, Minnesota, about forty miles southerly from said city of Minneapolis, and reached by the Chicago Great Western Railway and by the Chicago, Milwaukee & St. Paul Railway, and is about forty miles nearer the city of Chicago by said railway lines than is the city of Minneapolis. That both of said railways are duly incorporated railway companies engaged in interstate commerce and maintaining lines of railway from Chicago to Illinois through the states of Wisconsin, Iowa, Minnesota and elsewhere. That each of said railway companies has made rates for the carrying of wheat, rye and other small grains from said Cannon Falls to different points upon the line of their respective railways, particularly to Chicago, Illinois, and to Minneapolis in the state of Minnesota, and also from Minneapolis direct to Chicago. That the various rates so established are unjust, unreasonable, unequal and discriminating, particularly as follows: That the rate so fixed upon said grain from said city of Cannon Falls to the city of Chicago is fifteen cents per hundred; that the rate from Cannon Falls to Minneapolis on said lines is seven cents per hundred; and that the rate from Minneapolis to Chicago is seven and a half cents per hundred. That your petitioner is a large purchaser of rye, and that there is a market for said rye at Louisville in the state of Kentucky, but that because of said discrimination against your petitioner by said railways it has been unable to avail itself of said market or compete with the owners of rye shipped from the city of Minneapolis, Minnesota. WHEREFORE, your petitioner prays that an order be made by your commission fixing a time and place for a hearing as to said rates and that said rates be adjudged to be unequal and discriminating, and that a proper, reasonable and fair rate be designated by your commission, and for such other and further relief in the premises as may be just. JOHN WICKEY, Petitioner. President of the Cannon Falls Farmers Elevator Company. STATE OF MINNESOTA, COUNTY OF GOODHUE—ss. John Wickey, being duly sworn, deposes and says that he is the president and one of the officers of the Cannon Falls Farmers Elevator Company, the foregoing petitioner. That he knows the contents of said petition and that said JOHN WICKEY. petition is true. Notary Public, Goodhue County, Minnesota. On July 22, 1903, the commission received a letter from Mr. L. A. Rosing enclosing a copy of the answer of the Chicago Great Western Railway Company to the complaint, as shown below, marked Exhibit “D," and the answer of the C. M. & St. P. Ry. Co., marked Exhibit "E." VS. Exhibit "C." BEFORE THE INTERSTATE COMMERCE COMMISSION OF THE UNITED STATES. IN THE MATTER OF THE CANNON FALLS FARMERS ELEVATOR COMPANY, CHICAGO GREAT WESTERN RAILWAY COMPANY, and THE CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY. And now comes the Chicago Great Western Railway Company, and for its separate answer to the petition of the Cannon Falls Farmers Elevator Company in the above entitled action, states and alleges as follows, to-wit: It admits the incorporation of the Cannon Falls Farmers Elevator Company, and that it is engaged in operating an elevator, and buying wheat, rye and other small grain, at Cannon Falls, Minnesota, and shipping the same to Chicago, Illinois; it denies any knowledge or information sufficient to form a belief as to whether it is shipping any of such products, or desires to ship any, to Louisville, Kentucky, and other markets. It admits that Cannon Falls, where said elevator is located, is an incorporated city, situated in Goodhue county, Minnesota; it denies that it is a city upon the line of the Chicago Great Western Railway Company, but alleges the fact to be that it is situated upon the line of railway of the Wisconsin, Minnesota & Pacific Railroad Company, which company has a line of railway from Cannon Falls to Randolph, Minnesota, being the junction between the said Wisconsin, Minnesota & Pacific Railroad, and the Chicago Great Western Railway companies' lines of railway. It admits that the Chicago Great Western Railway Company is operating the lines of railway of the Wisconsin, Minnesota & Pacific Railroad Company under a lease. It admits that Cannon Falls is about forty miles nearer the city of Chicago by the railway lines of the Chicago Great Western Railway Company and the Wisconsin, Minnesota & Pacific Railroad Company than is the city of Minneapolis. Further answering, defendant admits that it is duly incorporated, and engaged in interstate commerce; and that it has made rates for carrying wheat, rye and other small grains from Cannon Falls to Chicago, Illinois, and to Minneapolis in the state of Minnesota; and also from Minneapolis to Chicago. It denies that the various rates so established are unjust, unreasonable, unequal or discriminating. It admits that the rate so fixed upon grain from the city of Cannon Falls to Chicago is 15 cents per hundred pounds; that the rate from Cannon Falls to Minneapolis is 7 cents per hundred pounds, and that the rate from Minneapolis to Chicago has been 72 cents per hundred pounds, but alleges that said rate of 71⁄2 cents per hundred pounds from Minneapolis to Chicago has been taken out, and that taking effect July 23, 1903, the rate will be 10 cents per hundred pounds locally from Minneapolis to Chicago, and that the said rate of 72 cents per hundred pounds hereafter will only apply on shipments destined to points east of Chicago. It alleges the fact to be that the rate from Minneapolis to Chicago is made by reason of competition of the steamship lines on the lakes, and the railway lines connecting therewith, to-wit: That extending from Minneapolis to Duluth and Superior are various lines of railway, to-wit: the Great Northern Railway, the Northern Pacific Railway, and the Chicago, St. Paul, Minneapolis & Omaha Railway; that said railway lines connect with steamship lines, and form a through line of transportation by the lakes to Chicago, Buffalo and eastern points; that there are other lines of railway extending from Minneapolis to lake ports, to-wit: the Wisconsin Central Railway, and the "Soo" Railway, which lines are also strong competitors for said business going by the lakes to the east. That the said lines of railway and steamship lines are strong competitors of the defendant company for grain and grain products from Minneapolis to Chicago, and all eastern points reached by the lakes, and for exporting grain and flour, and that defendant is compelled to accept exceedingly low rates for such products from Minneapolis by reason of such competition; that said competition does not reach such interior points as Cannon Falls; that the rates from Cannon Falls to Chicago, and Louisville, Kentucky, and other points, are reasonable and just rates, and that the said rate from Minneapolis is exceedingly low. Defendant further alleges that Minneapolis is a very large grain market, and has facilities for obtaining extremely low rates by reason of the competing lines of railway, and the lake transportation, which many interior points do not have. Defendant denies that said complainant is discriminated against by reason of the rates from Cannon Falls to Louisville, Kentucky, and alleges the fact to be that the rate from Cannon Falls to Louisville on rye and other grains is the same as the rate from Minneapolis; that said uniform rates apply to large territory, and are commonly known as blanket rates. Defendant alleges the fact to be that it is desirous of encouraging elevators, mills and other industries in all the interior towns on its lines of railway, and that it is anxious to make as good rates as possible for elevator companies, and other industries located at Cannon Falls, but that it is not possible for it to control the competitive conditions from Minneapolis to eastern points. Defendant denies each and every other allegation in said complaint contained, and prays that an order be entered dismissing this proceeding. FRANK B. KELLOGG, (Signed) General Counsel for Defendant, Chicago Great Western Railway Company. STATE OF MINNESOTA, COUNTY OF RAMSEY-ss. Frank B. Kellogg of said county, being first duly sworn on his oath, says that he is an officer of the Chicago Great Western Railway Company, to-wit, its general counsel; that he has read the foregoing answer and knows the contents thereof, and that the same is true of his own knowledge except as to those matters therein stated on information and belief and as to those matters that he believes them to be true. (Signed) FRANK B. KELLOGG. Subscribed and sworn to before me, a notary public, this 17th day of July, A. D. 1903. CHAS. A. PACE, Notary Public, Ramsey County, Minnesota. Exhibit "D." BEFORE THE INTERSTATE COMMERCE COMMISSION OF THE UNITED STATES. IN THE MATTER OF THE CANNON FALLS FARMERS ELEVATOR COMPANY, VS. CHICAGO GREAT WESTERN RAILWAY COMPANY and THE CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY. And now comes the Chicago, Milwaukee & St. Paul Railway Company, and for its separate answer to the petition herein, states and alleges as follows: It admits the incorporation of the Cannon Falls Farmers Elevator Company, and that it is engaged in operating an elevator and buying wheat, rye and other small grains at Cannon Falls, Minnesota, and shipping the same to Chicago, Illinois; it denies any knowledge or information sufficient to form a belief as to whether it is shipping any of such products, or desires to ship any to Louisville, Kentucky and other markets. It admits that Cannon Falls, |