The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-09-27
DEf|ES Federal
court IN R. R. Case
ATTORNEY GENERAL YOUNG OF
MINNESOTA PLACES HIM.
SELF IN CONTEMPT.
He Hopes to be Arrested. He Wi,
Endeavor to Get the Case Before
the Supreme Court on Writ of
Habeas Corpus.

lOullS has uOnc IL! AZ hOoH ySoIOi
day he appeared before Judge George
l.. Bum of the Ramsey county dis
trict court with a petition for ANAL
tentative writ of mandamus, directed
against the Northern Pacific railway
company, ordering it to obey the COM
modify rate law of April Is, or show
cause, on Oct. 5, why it refuses to
obey this law.
Judge Bum issued the order with
out question, as it does not compel
anything, but only directs the COM
pany to show cause. 1t was placed in
the hands of Sheriff Gerber, and
served on the officers of the company
late today.
This action by the attorney general
disobeys Judge Lochren's injunction,
restraining him from taking any steps
to enforce the freight rate reduction.
It is taken for the avowed purpose of
mourning fine for contempt of the
federal court, which will put the state
official constructively under arrest.
He will go Immediately to the supreme
court of the United States with habeas
corpus proceedings, which will test
the authority of Judge Lochren to
enjoin the attorney general as legal
arm of the state.
Contempt Proceedings.
1t is in Judge Lochren's power 20
impose Jail sentence without option
of a fine, but as Mr.. Young's action
is solely to get a speedy decision as
to his exemption from suit, it is not
likely that the court will resort to
extreme measures. 1t is expected that
counsel for the stockholders, who Sc
cured the injunction from Judge
Lochren will go before MIN again
and get an order against the attor-
ney general, directing him to dismiss
the proceeding commenced today and
to show cause why he should not be
punished for contempt. That will open
the way for the fine and the habeas
corpus action.
Claims Constitutional Exemption.
The attorney generals contention,
which the supreme court will pass
upon, is that the federal court in
junction against him is void under the
eleventh amendment to the constitu-
ton, which provides that states shall
not be brought into court at the in
stance of private parties. AS he is
the law officer of the state, he main
tains that the action against him is
an Injunction against the state.
The attorney generals action was
4o1x full 6ali To- OF in
since the injunction was issued, Fri
day afternoon. He prepared the pc
tition and the writ of mandamus to-
day in conjunction with r. A. Stone,
assistant attorney general, and T. D..
OBrien, special counsel. Armed with
the documents Messrs. Young and
O'Brien repaired to the court house,
where they found Judge Bum, sitting
in chambers.
Form of Petition.
The petition presented to him is
termed the petition of the state of
Minnesota by Edward T. Young, IT'S
attorney general. 1t recites that the
Northern Pacific railway company is
a common carrier subject to the laws
of Minnesota, that by the act of April
10 it was prohibited from charging
higher rates than given schedule on
certain commodities, and that it has
neglected and refused to obey the act.
There is no other plan, speedy and
adequate remedy at law by which the
state can compel the company to obey
this law Therefore the state prays
the court to make and enter an order
against the railroad company direct
ing it to forthwith adopt and publish
as provided by law rates no higher
than those fixed in chapter 232, or to
show cause why such an order should
not be made.
The writ of mandamus is varia-
ton on the same language, and it
was signed by Judge Bum, with an
order to the clerk of courts to- issue
it and have it served. 1t was made
returnable Oct. 5. Messrs. Young and
O'Brien filed the order with the clerk
and then waited on the sheriff with
a copy for service.