Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-04-23
NO CHEAP MILE
AGE BOOKS GO
Supreme Court Declares
$2O-BOOk Law To Be
Unconstitutional
United States Supreme Court
Has So Decided and
That Settled II

llldt 0eltle0 IL
The supreme court has decided UNI
constitutional that part of the law
passed at the last session of the leg
islature, requiring railroad compan-
les to sell family mileage books at
the rate of two cents mile. The de-
cision was handed down by the court
on the 22nd inst, in the case argued
before the court last week, by Attor-
ney General McCue for the state and
N. G. Young of Fargo for the rail-
way company. The court holds that
the matter has already been decided
as unconstitutional by the federal
supreme court and that this decis-
ion is binding on the state.
Attorney General McCue some
time ago brought an action for a
mandamus to compel the railroad
companies to sell family mileage
books at the two cent rate. This
application is denied by the court.
The decision will be of general in
terest through the state. The rail-
road companies at the time this law
went into effect refused to comply
with it's provisions and to place the
books on sale at this price, claim
ing the matter had already been adj
| Indicated. The matter was brought
| to the attention of the attorney gen.
eral by the railroad commissioners,
| in order that the law might be test
ed.
The decision in the case was writ
L n oil
| of the judges concur. The text of
| the decision is as follows:
The Syllabus.
The provision of Oh. 1919, laws of
1907, requiring railway corporations
to sell 1,000-mile tickets to purchas-
ers to be used by themselves, their
wives and children, at rate lower
than the maximum rate under which
others may purchase such tickets, is
a violation of the federal constitu-
tion, which entities the railroad
company to due process of law and
the equal protection of the laws
A decision of the supreme court of
the United States, holding law SIM
liar to this provision of CHI 1919, laws
of 1907, unconstitutional under the
federal constitution, is conclusive up
on this court and all state courts in
determining the validity of said pro-
vision.
(Syllabus by the court)
Original application for writ OF
mandamus.
Application denied.
T. r. McCue, attorney general, fo1
plaintiff.
w. R. Begg and Murphy & Dugan
for defendant.
The Decision.
Morgan, G. This is an applica
tion for peremptory writ of man
damus. On the 18th day of August
1907, the attorney general present
ed his application for said writ, ani
in his petition alleged the following
facts:r
That the defendant corporation il
common carrier and as such cor
poration, operates and owns a mali
line of railway across the entire stat
and also numerous branch lines eX
tending from said main line to var
ious places within the state, and il
engaged in the transportation o
freight and passengers within sail
state. That Oh. 100, of the laws o
1907, provides that every commo!
carrier within the state shall issu
upon request of any person, mileag
books in denomination of 1000 miles
and that the said defendant upon de
mand for the issue of mileage ticket
pursuant to said law has refused t
the same and has refused to compl
with the terms of said law. An orde
was issued against said defendan
citing it to appear in the city G
Grand Forks on the 10th day of Ser
TENDER, 1907, and show cause VIII
the attorney general should not hav
leave to file his petition and why
writ should not issue against sal
defendant, compelling it to compl
with said law. On September 20tl
the defendant appeared and for re
turn to said order to show cause an
as reasons why writ of mandarin
should not be issued as prayed fo
by the relator, filed in return, which
following facts as reasons why til
said writ should not issue:
ssThat the said law requiring
the issuance and sale of mileage
books at the rate of two cents
per ull6 " rdA unJuSC
and unlawful discrimination in
favor of those persons who shall
be able to desire to buy trans
portation at wholesale or in the
form of such mileage books and
against those who are unable to
do so or do not desire to buy
transportation at wholesale nor
in the form of such mileage
f books and amounts to an unjust
discrimination in favor of per-
sons, and members of whose FAM
lilies are adults and against
those persons, the members of
whose families are minors; all
ins violation of the constitution
of the state of North Dakota and
the constitution of the United
States, and particularly article
ID of the amendments of the con-
stitution Of the United States, in
that said provision requiring the
issue and sale of mileage books