Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1897-07-09

in the federal courts, and they have
brought this case before the federal court
presided over by Judge Garland. 1t is
the same old fight. The railroads give
no quarter while they have the power,
but when the people have the power and
they are beaten, then they literally sue
for mercy. The contention they make
| with reference to the Dakota law is sub.
stantially that it is unreasonable; that
the rate of three cents per mile fixed by
the legislature for the transportation of
passengers IS not sufficient to afford them
an income to pay expenses of operating
the roads and for the interest upon their
bonds and other fixed charges, and that
the present schedule Of rates fixed by
themselves is as low as could be made
and still be reasonable. The whole ques-
tion then arises in the Injunction case
whether or not the charge of three cents
mile and any reduction made by the
railroad commissioners would be reason
able. 1t is settled that the reasonable
ness of these charges and these schedules
must be determined by the court and it
is now in court for determination. and
the present question before the people of
this state is, how shall that reasonable
ness be determined. What evidence
may be shown to enable the court to
determine the facts. The railroad con-
tention is that only that part of the road
within the state of South Dakota and the
traffic upon it can be taken into con.
sideration in determining the reasonable.
ness of these charges. 1t makes no diff
ference how profitable the traffic gathered
up in the state of South Dakota and
transported through other states may be
to the whole system. If the transporta.
ton through the state IS not profitable
then no reduction should be made. We
think this contention by the people that
the railroad does not comprise isolated
and independent lines but that the
property of the corporation may be re-
garded, in the aggregate as unit, as an
entirety and as plant and its value
may be estimated not as part but taken
as whole. If the traffic gathered up in
the state OF South Dakota and transport
ed to the consumer, or wherever he may
be, or to the terminals of the railroads.
the entire system, then the charges are
reasonable. In other words, carload of
freight originating at Worthing might
not be profitable in its transportation
from Worthing to Canton, but might be
highly profitable to the company from
Worthlng to Chicago. In the one case
if the railroads contention is correct the
rate fixed by the legislature and com.
missloners may be unreasonable, in the
other case it will be reasonable.
Section 20 of the railroad act empowers
the railroad com missioners to fix the
maximum charges and to classify the
railroads so far as possible in accordance |
with the gross amount of annual earning |
per mile within the state for the three |
years preceding the time for making the
and the classification may
be changed from time TO time as the rail. |
road commissioners may order. Such
so made by the railroad com.
missioners shall In all suits brought |
against such railroad corporations where
in it in any way involved the charges OF
any such railroad corporation for the
Of passengers or freight or
cars or unjust discrimination in relation
thereto, be deemed and taken in all
courts Of this state as prima facie evil
dence that the rates and passenger fares
therein fixed are reasonable and just
maximum rates Of charges for the trans.
portatlon OF passengers, freight and cars
upon the railroads for which such sche.
dulles may have been respectively pre-.
pared"
1t will be noticed that this statute
places the burden upon the railroad com.
pany to show the unreasonableness of the
charges fixed by the railroad com mission
ers and they can easily carry this burden
Tor the reason that it is their business to
know all the conditions effecting trans.
oortation. If the contention of the rail.
'oads is sustained, then railroad may be
irsC class in Iowa, and second or third
class in South Dakota. In other words,
t may have a first class head and a
second class foot. That the unit would
De first class in one part and second or
;hlrd class in the other one. 1t will also
oe noticed that the railroad commission
s not limited in its investigation for the
purpose or classification to traffic within
he state. They are only required to
conform TO this as nearly as practicable.
They can investigate other sources of
n Information, and the sources most pro-
luctive will be the fact that the rate
provided for will afford compensation
o the whole unit
1t has been decided in long line of
decisions of the supreme court of the
United States as the railroad company