The Caucasian. (Clinton, N.C.) 188?-1913, 1898-08-11
RAIlRl D COMMISSION WINS.
JUDGE BLAND DisS0LveS iNIUNc.
Ti0N SUIT AGAINST THE RAILROAD
COMMISSIONERS OF SOUTH
DAKOTA.


Acts OF tho Commission Were Constitu-
tionaI.
The State Board of Railroad Com
missloners Of South Dakota have
won signal victory for the people
OF South Dakota. Judge Garland
has handed down his decision in the
Milwaukee test maximum rate case,
dlssolving the Injunction issued
against the Com issiOn restraining
them from putting into operation a
scht of freight and passt tnger
rates prepared by them in August,
1897.
The decision of Judge Garland is
exhaustive and upholds the Commits
sion and the law of the State, Civ
ing 1t the power to ests blish and put
into operation n reasonable scbed
ulc of rates.
Below will be found letter from
a prominent Populist in South Da-
kOta with reference to the decision,
together with Il full text Of the de-
cisiOn:
CHAMBERLAIN, S. D., July ~, '98.
Editor of CAUCASIAN, Raleigh, N. G..
DEAR SIR:--I send you to day a
marked copy ofthe Sioux Falls Week
ly Press, containing the full text of
the decision handed down by Fed
eral Judge Garland in the Mil
waukee test maximum rate case, q
case which has been bitterly con-
tested in the courts in this State for
more than a year. 1t is certainly a
great victory for the people.
One of the attorneys for the rail .
road Commission, Hon. w. o. Tenn
pie, is a native of your State, was
born and raised there, and comes
from a splendid family. He is a
young man, and left North Carolina
but eight years ago and has since
been climbing rapidly to the top. He
was chairman of the Democratic
convention which was held at Alb
erdeen, June 80, in which a complete
CO operation betwee nj the Democrats,
Populists and Silver Republicans
was formed. His speech before the
convention, which enclose you
was a fine effort, and clearly shows
that the difference between the three
reform parties in this State exists
more in name than In principles.
The thought suggested itself to
me tha, Judge lands decision in
the rate case wo. be of interest tc
you, as l notice W THE CAUCASIAN
that North Carolina is having sim
liar "tussle" with the railroads
Also, that you would be pleased tt
learn of the prominence of nativ,
of your State in South Dakota, ant
the esteem in which he is held here
Mr.. Temple lives at Deadwood.
Trusting that what ! have writer
will be of interest to you, | remain
Very truly yours,
FREp.O. LA FOLLETTE,
Judge Carlands decision is as fol
lows:
In the Circuit Court of the Unite
States, district Of South Dakota.
Chicago, Milwaukee d St. Pau
:. Railway Company, Complainant, vs.
I William II. Thompkins, w. T. La
Toilette and Alexander kirkpatrick
t constituting the Board of Railroa
e Commissioners C of the State of Sout
7. Dakota, ct al, defendants
n George. R Peck and A. B. Kittredg:
solicitor for complainant.
I. II. Null and W. O. Temple, sole
itors for defendants.
Garland, District Judge.
J., The above entitled action has bee
n submitted upon pleadings and proof
The oh jsct of the action is to perpe
'e ually restrain the defendants, 6
B" Railroad Commissioners of the Stat
1t of South Dakota, from putting
force certain schedule OF rate
r. and cares ,aaae by them on the 26>
q day Of August, 1897, prescribing Il
is rates and fares to be charged
Ia common carriers within the sta
of south Dakota, for the carrial
:, of passengers and freight. At Il
IS time of the filing of the bill, tel
ne porary injunction was issued, a;
es the defendants have, Ia the rhea
o. time, been restrained from putin
into fleet the schedule referred
Yolumin.ns Testimony:
ry The testimony that has been !
OF ported by the examiner is quite '
nd luminous, consisting of about o
I'm thousand pages Of printed matte
ial but the testimony which must real
bo decide this case is not of ere
ds length.
=, in the nrst place, it is proper
e.. e. state briefly the principles Of i
IL which have been established by
a Supreme court OF the United Sta
in for the guidance of this court in
tly clding actions of this character.
YER Smith VS.. Ames, 169 U. S., ps
m. 526, the Supreme .ourt declares
" the following principles of law to
od settled:
to supreme C9urt Law.
no /. "A railroad corporation is
NJ person within the meaning of
Fourteenth amendment, declar
r'y that no State shall deprive any p
her son of property without due +
the ceedings of law, nor to any per
withip its jurisdiction the equal I
lection Of the law.
hat 2. "a State enactment or reg'
ion tions made under the authority (
ing State euactment, establishing Il
this for the transportation of person
NOT property by railroad that will
.;u admit of the carrier earning S
ln compensation as under all clrc
,uio stances just to 1t and to the pull
hey would deprive such carrier OF
eyes property without due process of
was and deny to it the equal protec
J in OF tue laws, and would therefor
y of repugnant to the Fourteenth ann
attic ment of the constitution Of
pom. Vuuited States.
or, 3. "While rates for the trans
:" M -. tation of persons and property v
&c VI in the limits of State are prims
$ 10 for its determination, the ques
tion. whether they are so unreason
and low as to deprive the carrier Q