Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-26
MAY ENACT NEW LAW
Minnesota Legislature Probably
Will BE Called to Pass
Rate Bill
LEAVES OFF PENALTY CLAUSE
Suggestion Made That Would Permit
Escape from Federal Courts-lnter
state Commerce Commission Can
Not Prevent Railroads from Increas-
ing Rates.

Minneapolis, March 26.--Attorney
General L. I. Young conferred late
yesterday with his counsel in the rail-
road rate cases. T. u. O'Brien and II. A.
hams decision and the course now to
he followed.
request rehearing. No decision has
been made as to an extra session. but
it is likely that the attorneys will
recommend an extra session to the
governor
T. ID. o'Brien said yesterday IF
ii is the penalty in the state law which
has given the federal courts jurisdic-
ton over the attorney general, then it
might be a good idea for the railroad
commission to draft another commod-
ity rate law with the penalty left out
entirely. call the legislature together
and have tie law passed That would
not give the railroads any excuse for
SOillS lUto iltp it'ifi ~ Npui - W st'''iS'7
pate the enforcement of the law
How could it be enforced without
II penalty
by mandamus. If the court should
lind the rate reasonable and the law
valid. ii could order the railroads to
comply, and they would be in con-
tempt if they refused. OF course, the
roads would have the right of appeal
to the supreme court, but they would
have to act thru the state courts. and
the sole issue would be whether the
rate is reasonable. If the federal
courts could enioin a state official from
enforcing such law. then we might
as Well surrender all the functions of
government. federal. state and munich
pal, to the federal courts
Think Rest of Law Stands.
The attorney general seemed in
clined to agree with the view of Mr.
O'Brien. but the final decision has not
been reached.
Mr.. Young and his associates con-
tend that the decision knocks out the
penalty clause of the statutes, but not
the other provisions. After reading the
text of the decision, railroad counsel
insist that the laws are wholly invalid.
c. W. Bum of the Northern Pacific
now takes that view.
On this point the state is likely to
base it's demand for rehearing. The
dispute involves the following para
graph of the decision:
I'VE hold therefore. that the pro-
visions of the acts relating to the en-
forcement of the rates, either for
freight or passenger by imposing such
enormous fines and possible imprison-
ment as d result of an unsuccessful
effort to test the validity of the laws
are unconstitutional on
their face without regard to the ques-
ton of the insufficiency of those
rates"
Apparently this only makes void the
"provisons relating to enforcement,
but it includes under its ban the pas
seneer rate law. which was not before
the court at all.
Governor johnson said yesterday: Il
will be sorry if an extra session is
but | will have no hesitation
in calling one if it is found that the
can do anything to help the
states cause at this time. | am wait
ing to hear what the attorney general
and his counsel say, and | will not be
by any other consideration
presented by the fact that last Novem
Der the German government let it be
known that DR.. Hill would be cordially
received