The herald-advance. (Milbank, S.D.) 1890-1922, 1906-03-02
TO FIGHT OUT EXPRESS CASE.
Railroad Commissioners to Go East to
Hearing.


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 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. Platt, and the tes-
timony taken there will become part
! of the record in the case 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 over it's
lines. The railroad commissioners,
, after 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 writ temporarily enioining the
board from enforcing it's order. The
express company maintained that the
railroad commissioners have no iuris.
dictiOn over the acts of the company,
and that the order of the board was
unreasonable The commission has
since filed 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
of railroad commissioners over ex.
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 com,
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 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 now !
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 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