The Caucasian. (Clinton, N.C.) 188?-1913, 1898-08-04
RAILROAD COMMISSION WINS,
JUDGE GARLAND DIsS0LveS ihJUnc-
Ti0k SUIT AGAINST the RAILROAD
COMMISSIONERS OF SOUTH
DAKOTA.

| UHAOtH.
The Full Text Of the Decision Hande,
Dowh by the eConrt-Dseia.e- That tn
Acts Of the Commission Were Cons,i,u
| tional.
The State Board of Railroad Com
missioners Of South Dakota hav.
won a signal victory for the peopl,
OF South Dakota. Judge Carlant
has handed down his decision in tn,
| Milwaukee test maximum rate case
dissolving the Injunction issuee
against the Commission RESTRAINING
them from putting into operation ,
schedule of freight and passe ngel
rates prepared by them in August
1897.
The decision of Judge Garland il
exhaustive aud upholds the Comuis.
SION and the law of the State, Civ.
ing 1t the power to esta blish and put
into operation reasonable sched.
ule of rates.
Below will be found a letter from
a prominent Populist in South Da-
kota with reference to the decision
together with full text OF the de-
cisiOp:
CHAMEERLAIN, S. D., July 10, '93.
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, a
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 native of your State, was
born and raised there, and comes
from q 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 %, in which a complete
cooperation betweenlthe Democrats,
Populists and Silver Republicans
was formed. His speech before the
convention, which l enclose you,
was 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 that Judge Carland's decision in
4 ho 70 40 uo,1J ho /.
you, IS l notice by THE CAUCASIAN
that North Carolina is having a SIM
liar '.tussle' with the railroads.
Also. that you would be pleased to
learn of the prominence of native
OF your State in South Dakota, and
the esteem in which he is held here.
Mr.. Temple lives at Deadwood.
Trusting that what l have written
will be of interest to you, remain
Very truly yours,
FRED o. LA FOLLETTE,
Judge Garland s decision is as fol-
In the Circuit Court of the United
States, District of South Dakota.
Chicago, Milwaukee & st. Paul
Railway Company, Complainant, VS..
William H. Thompkins, w. T. La
Toilette and Alexander Kirkpatrick,
constituting the Board of Railroad
Commissioners of the State of South
Dakota, ct al, defendants.
George. R Peck and A. B. Kittredge,
solicitors for complainant.
I. II. Null and w. O. Temple, sclic-
itors for defendants.
Garland, District Judge.
The above entitled action has been
submitted upon pleadings and proofs.
The object of the action is to perpet-
ually restrain the defendants, as
Railroad Commissioners of the State
of South Dakota, from putting in
force certain schedule of rates
and fares made by them on the Goth
day of August, 1897, prescribing the
rates and fares to be charged by
common carriers within the State
of South Dakota, for the carriage
of passengers and freight. At the
time of the filing of the bill, tenn
porary injunction was issued, and
the defendants have, in the mean
time, been restrained from putting
into effect the schedule referred to.
| VoIuminous Testimony.
The testimony that has been re-
ported by the examiner is quite vo.
luminous, consisting of about one
thousand pages of printed matter
but the testimony which must really
decide this Ease is not of grea,
length.
In the first place, it is proper te
state briefly the principles of Law
which have been established by tht
Supreme Court of the United State!
for the guidance of this court in de
elding actions of this character. II
Smith VS.. Ames, 169 U. S., pag,
526, the Supreme Court declares tn,
the following principles of law to b.
settled:
Supreme Court Law.
l. ga railroad corporation is
person within the meaning of tn,
Fourteenth amendment, declarln,
that no State shall deprive any per
son of property without due pro
ceedings of law, nor to any person
within its jurisdiction the equal pro
lection of the law.
2. IA State enactment or regula
tions made under the authority of
State enactment, establishing rate
for the transportation of persons o
property by railroad that will no
admit of the carrier earning sue
compensation as under all clrcum
stances just to it and to the public
would deprive such carlier of it
property without due process of Law
and deny to it the equal protection
. of the laws, and would therefore b
repugnant to the Fourteenth amend
ment of the constitution of tn
: Uunited States.
! 3. "While rates for the transpo1
tation of persons and pr0ne rtv with