The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-24
EXPRESS. COMPANY
MAKES HARD FIGHT
JURISDICTION OF RAILROAD COM
MssIoNERs rs QUESTIONED.
Important Suit Pending in United
States Court at Sioux Falls Will De-
eide Right of Board to Control Opera
tions of Express Concerns in State
Case Brought on Aberdeen Contro-
versy.
Special to The journal.

Special to The Journal. .-..
Sioux Falls, S. d. Feb. 24.-One of the most
important matters affecting the Jurisdiction OF
the board of railroad commissioners now pend
Ing before the United States court for youth
Dakota is the suit instituted by the United
States Express company In opposition to an
complaint fled with the railroad commissioners
last July by the Aberdeen, s. D., National
bank. The complaint asked that the express
company's office at Aberdeen be required to
tend its hours for receiving shipments of cash
FOR transportation over Its lines.
The railroad commissioners decided in favor of
she bank and issued an order requiring the
express company to receive shipments of cur
rency at any hour during the day. The COM
pany appealed to the federal court, and Judge
Garland issued a writ temporarily enjoning the
board from enforcing Its order
Files a Gross Bill.
The express company maintains that the rail-
road commissioners have no jurisdiction over
the acts of the company and that the order OF
the board unreasonable. The commission
has since filed a cross bill. which asks the
federal court to compel the obedience of the
express company to the order Of the commits
sion. At the meeting of the commission just
concluded it was decided that Frank LIE Coco.
chairman, and P. J. Rogde, legal adviser, should
represent the board at a hearing in the case
to be held next Tuesday in New York city in
the office of the son of Senator Thomas u
Plat, president of the express company. The
testimony taken there will become part OF
the record in the suit now pending in the United
States court in this city.
When decided the is expected to estab
Nsh a precedent as to the Jurisdiction of boards
Of railroad commissioners express compa
niles, and for this the express company
Is making strong fight
The commission disposed OF several complaint.
OF car shortage, and as no more have been re
ceived, it is believed the trouble is
The citizens of Burkmere, little town thu
North Western railroad directly west of Faulk
ton, in Faulk county, have petitioned the boart
for assistance in inducing the railroad compan.
to construct a station at that place and appoin
regular agent. The matter was referred t.
Chairman LIE Cocq, who will take 1t up witt
the chief officials of the railroad. :"
Want Telegraph Operator.
The residents Of Virgil. on the Milwaukee i
Beadle county, have petitioned the board t
require the railroad to appoint operator 70
their station. regular agent is in charge o
the station, but he Is not operator. The pet
TONERS state that the absence Of an operator pre-
vents them from transacting business by tele
graph, receiving the daily markets, etc. III
matter will be called to the attention of til
railroad.
No progress has been made in the effort mad
by citizens of Springfield, where the station
the Milwaukee Is situated more than mile frol
the business part Of town, to have the rairoa
construct its line thru the town. An enginee
or the company made a survey and estima tie
that to change the line would cost $7O,OOO II
building of spur alone would cost $35, OO
and In view Of the great cost the matter BIZ
been dropped for the present at least. TT
citizens are now concentrating their efforts
secure an Improvement in the train Service
AS the result of hearing held at Fedora tt
commissioners have ordered the Milwaukee
grant Fox s Peterson Of that place an eleYat,
site on the right-of-way of the company.