The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1897-09-16

put in the rates and the temporary in.
junction is not granted.
- do not know of any power in a court
OF equity to enjoin the prosecution of a
criminal otferse on the part of the state
OF South Dakota, and certainly if these
railway companies refuse to put in these
rates under this law they would be guilty
of a criminal ~olfense.
"lhe companies, of course. are entitled
to an adequate remedy. That remedy
must be as full and complete as the ma.
ture of the case requires. The tribunals
that fix the laws, as far as this court il
concerned, have decided that this proceed.
ing is a proper proceeding, and the only
adequate way by which railway companies
can protect themselves from unjust ac-
ton on the part OF railway commissioners.
) the question is simply left to the
court to decide whether it will stay the
operation of these rates until this case
can be tried. 1t seems to me that there
Is no other alternative than to issue n
each one of these cases a temporary writ
OF injunction against the railway commits
sioners from causing to be published this
schedule of rates. There will be no injunc-
ton issue against the attorney general or
the other parties, mentioned in the suit,
and there will be an order of the court
in each case.
Il might refer to some points made by
counsel for the defendants, which the
counsel may think that the court has
overlooked, but | have tried and endeav-
ored to give this case as much patient and
careful consideration as possible, and the
argument has extended over a wide field.
Some of the arguments would be applica-
BILE were the case before the coui for
final hearing.
st was suggested by the attorney gen
eral that the bills were not good. for the
reason that the bills had stated the ex-
penses and earnings of the state of South
Dakota alora, without taking in the
whole line OF road, and that position was
sought to be enforced by citing the recent
tax case in the United States supreme
court, that held that the state of Ohio
could only assess railway property for the
purpose of taxation by taking the whole
value of the road into consideration, and
on the whole value find the proportionate
value for the state of Ohio. But it does
not seem to me that that is a parallel
case, and in the absence Of any other au-
thoIity, ] feel controlled by the opinion
of Judge Brewer in the case of Aimes Va.
the Union Pacific, where he asserts that
that method would not be permissible.
1t may he that the United States supreme
will find some new method by which
the earnings and expenses can be appor-
toned, but until that time | am governed
by Judge Brewers decision.
There was another matter in regard to
the Chicago and Northwestern road only
claiming a reduction of 81 600. Now, |
read these bills when they were filed, and
| read them again last night, and / find
that the Chicago and Northwestern road
alleges that that is the reduction on its
freight business, and goes on further and
states a reduction of 3 per cent on pas.
senger rates.
There are OF course some illustrations
as 20 the courts issuing injunctions in
favor of railroads and not to anybody else,
which / do not think counse' intended to
the reason that no railway that l am
aware of has failed through business com-
petition and went into a court of equity
and asked TIE court t. help them out.
1t is only when the legislature in an at
tempt to regulate the rates through the
board of railway commissioners impose a
schedule of rates that will not allow the
companies to exist and do business, that
they come into court.
Therefore the temporary injunction is
granted