Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-08-14
The | |. || ||'I|
Must Show Cause Why They
Do Not Comply With
+ State Laws
Attorney General MCCue Sc
cures an Order from
Supreme Court
Non Compliance With Goal
Rate and Mileage Book
Laws the Cause

Judge Morgan Of the supreme
court, on the. motion of Attorney
General McCue, has issued an order
to the roads dong business in the
state to appear at Grand Forks at
the court house on September Is,
and show cause why leave should
not be granted to the attorney gen.
eral to file petition for a. writ of
mandamus to compel the issuance
of the twenty dollar mileage books
provided by the law passed by liz
last legislature, anu for a writ of
injunction to restrain 4 the roads
from charging and collecting the
present rates on liginite coal and fail
ing to observe the maximum coal
rate law also passed by the last leg
islature. These orders begin the lit
igation that will be necessary to
test these laws as to their reason
ableness and as to whether they can
be enforced through the courts. Ine
papers in the case were prepared by
Attorney General McCue, on notifi-
cation by the commissioners of rail-
roads that these laws were not being
observed.
On the showing in the passenger
fare case the court made the follow
ing order: 49,.
T. F. McCue,, attorney general,
having presented to this court prop
erly varified petition, praying for a
writ of mandamus against the de-
PENDANT, and alleging among other
things, that the defendant is a cor
poration and engaged in the trans
| portation of freight and passengers
| in this state as common carrier.
| That as such common carrier it
transports from one place to another
| within the state, passengers and bag
| gage and runs regular passenger
trains over its lines of railway.
That defendant has failed, neglected
4 and refused to put into force and
| furnish to the travelling public the
one thousand mileage ticket provid.
ed for in Chapter 1919 of the Laws OF
1907. That said defendant lis charg.
ing excessive rates and fares. that
though the defendant has been re
/! quested and demanded upon diverse
occasions by diverse persons to fur
nish said one thousand mileage tick
ct, and has been rendered twenty
dollars in payment, as provided by
i Chartzr 1919, it has refused and still
/ refuses to furnish said ticket, an6
4 that unless the said defendant il
compelled by writ of this court, i
will continue to violate said law, tt
the great detrfment of the travelling
public and the citizens of the state
Leave having been ordered by tn
attorney general to file in this court
the said petition, it is further order
Ell that the defendant, the Northerl
Pacific Railway Company, is hereb,
required to be and appear befor
this court at the court house o
Grand Forks on the 10Th day of Sci
TENDER, A.=D.. 1907, at 10 a. M, an,
show cause, If any it may have, VIII
such leave should not be granted an
why this court should not issue tn
j, writ of mandamus prayed for i
said petition.
It is further ordered that a cop
q of this order, together with a cop
of said petition, be served upon som
agent of the defendant in this stat
designated by law, upon whom Sc
, vice can be made
Dated this It'll day of August, 100
Il D. e. MORGAN,
! Chief Justice of the Supreme Cour
8 The petition of the attorney gene
5sia al on which the motion and order
based is as follows:
Your petition respectfully shov
!. to this court:
!. That he is duly elected, qualihe
and acting attorney general Of II
. state.
That the defendant, the Northel
Pacific Railway Company, is 70
: eign railway corporation: 1t owl
and operates q main line Of railw;
] across the entire state and also (
l verse and numerous branch lines, &
b tending from said main line
d other places within the state.
b That the defendant Is d railwi
Z corporation Of freight and passe