The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1906-03-01
TO FIGHT OUT EXPRESS CASE.
Railroad Commissioners to Go East to
Hearing.

Railroad Commissioners to Go East to
Hearing.
The members of the state board of
railroad commissioners at their regu-
lar monthly meeting at the headquar-
ters of the commission in Sioux Falls
decided that Frank LeCocq, chairman
Of the board, and P. J. Rogde, legal
adviser, should represent the board at
a hearing to be held next Tuesday in
New York city, in a case originating
from an order Of the board, and which
now is pending in the United States
court for South Dakota. The hearing
will be held in the Office of the son Of
Senator Thomas C.. Plat. and the tes-
timony taken there will become a part
of the record in the cast now pending
in the federal court.
The case arises from a complaint
filed with the railroad commissioners
by the Aberdeen Is. d. National bank
last July. The complaint asked that
the United States Express company's
office at Aberdeen be required TO ex-
tend its hours for receiving shipments
of cash for transportation owe its
lines. The railroad commissioners,
after a hearing in the case, decided in
favor of the bank and issued an order
requiring the express company to re-
ceive shipments of currency at any
hour during the day.
The express company appealed from
the order of the board to the United
States court, where Judge Garland is.
sued a writ temporarily enioining the
board from enforcing it's order. The
express company maintained that the
railroad commissioners have no juris.
diction over the acts of the company,
| and that the order of the board was
| since filed a cross bill which asks the
federal court to compel the obedience
of the express company to the order OF
the commission. The case, when de,
cided, is expected to establish a pre-.
cedent as to the jurisdiction Of boards
VI ldIlfOdu SOIlillloSlOIClo oNC GA
press companies, and for this reason
the express company is contesting the
| case to the best of it's ability in the
! courts.
During the meeting of the board a
number Of cases in connection with
the car shortage which existed in
many parts Of the state a few weeks
ago were closed up. No more CON
plants have been received. which indi.
| Gates that grain dealers in general
throughout the state now have an am.
pie supply Of cars. Not a single com
| plant has been made since the mem.
bers of the board visited the big ter.
minal points Immediately after their
last monthly meeting and investigated
the car shortage.
No progress has been made in the
effort made by citizens Of Springfield,
where the depot of the Milwaukee
! company Is situated more than a mile
from the business part of the town, to
have the railroad company construct
its line through town. The matter has
been dropped, for the present, at least,
| and the citizens of the town are 10Y
| concentrating their efforts on an i'm.
provement in the train service. They
are striving to have the present mixed
train service changed to a regular pas,
senger train service.
AS the result of a hearing held at
Fedora, the railroad commissioners
have ordered the Milwaukee Railroad
company to grant Fox & Peterson of
that place an elevator site on the right
Of way Of the company.