The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-01-08

| state business and the state share on al
business. and which will provide the
necessary penalties for failure to make
returns of gross earnings.
Halfway Regulation.
| The maintenance OF a maximum rate
| of two cents per mile for the transporta-
| ton of passengers undoubtedly tends tC
| equality of rates and perhaps lessons the
discretion which the carriers formerly
had to grant special rates either to a par
| tIcular class OF persons or upon particular
occasions where it was expected or de-
| sired greatly increased travel would &C.
| cur. In my judgment the arguments
| against the rates fixed by the legislature
| of 1907, are of little force as compared
| with those in favor of that law, but
, whatever may be said upon this subject
| there can be no question in the mind
| of any reasonable or fair minded person
| that the Legislative discretion upon
1 this subject must be supreme if the state
| in truth does possess the power to regu-
| late the business of railroad tranSporta-
| ton. The carrier must be allowed fair
remuneration for the services rendered
| by it, but when this is secured the au-
| thority to say whether or not such re-
Enumeration shall come equally from all
| the travelling public or whether or not
special rates may be granted by means
of mileage books. excursion rates or other
special rates. is certainly vested in the
sound discretion of the legislature.
Shortly before the converting of the
legislature of 1907, the railroad and ware
house commission of this state had made
by carriers upon merchandise in this
state, the term merchandise covering
articles enumerated in and covered by
the so-called western classification.
The schedule so ordered was accepted
by the carriers affected and the rates
went into effect November Is, 1906, and
have been maintained ever since There
were, however, a large number of i'm
portant articles of freight not included
in the western classification which for
the purpose of being, distinguished We're
designated as commodities. These articles
included grain, grain products, lumber,
live stock and cattle and during the
month of December. 1906, the Railroad
and Warehouse Commission made its
other order establishing the schedule of
rates for the transportation of those So
called commodities. Actions were brought
by the railroad companies affected to
resist the enforcement of this second
order of the Railroad and Warehouse
Commission and those actions were pend
ing during the 1907 session of your body.
After the enactment of the two cent
passenger law on April f. 1907. it was
considered by all those charged with a
duty in the premises that it would be
wise to slightly modify the order of the
Railroad and Warehouse Commission
made in December 1906. in view of the
fact that some additional reduction in
revenue to the carriers might have re-
suited from the enactment of the pas
Sen%er law and to that end Chapter 232
of the Laws of 1907, was enacted to take
effect June. 1907. In this act the plan
or theory adopted by the Railroad and
Warehouse Commission for the con-
struction of the schedules of rates was
followed, the rates allowed. however,
being for the reasons already given some
what higher than those found in the
orfer of the commission.
The necessity for the proper regulation
and control by the state of common car
rlers becomes every day more apparent
This control should be firm but reason
able. Nor have l any sympathy with the
claim made by the carriers themselves
that both federal and state control are
Incompatible. The checks and balances
found in the federal and in each state
constitution were embodied in those in
struments with the high purpose of main
tanning the American system of govern
ment and mere Inconvenience either up-
on the part of public officers or upon the
part of those in charge of public service
corporations. should not be accepted as a
sufficient reason for disregarding great
constitutional principles
From the foundation Of the government
it has recognized that efficient state
administration required that the SOVEREIGN
own courts as may be necessary to en-
force it's laws. and TO make this right Sc
cure the Federal Constitution expressly
makes a state (meaning the general Of
ficerS clothed for the time being with
the states power), immUne from suit III
a federal court. My associates and my
self therefore felt that these proceedings
wherein the railroad companies subject
the federal court and procure an injunc-
ton to prevent the sole law officer of the
state from performing his constitutional
duty, was an assault upon the states
sovereignty. a violation of the Federal
Constitution, and practice which if per-
sisted in would ultimately destroy the
Federal Supreme Court held that the At
torney General of a state could not be
prevented by Injunction from performing
the duties required of him by the gov
or ant of he tote
I consulted with the attorneys general
of several other states on the subject
and they all agreed with me as to the
Importance of insisting on the immunity
of the state from suit and therefore in
order to get the matter speedily before
the Federal Supreme Court and get
ruling on the question of jurisdiction,
and for that purpose only. 1 deliberately
violated the injunction by bringing an
action in mandamus in the State District
Court of Ramsey Court. to enforce the
commodity rate against the Northern
fined for contempt by the Federal Cir
cult Court and left in the custody of the
marshal until the fine should be paid
corpus in the Federal Supreme Court,
on the ground that I was wronefullv
restrained of my liberty by the United
States marshal. acting on the order of
of which that court had no jurisdiction
The writ was issued and the case set
down for herring in Washington in
December. 1907. The distinguished at
torney general of Missouri, Hon Her
bert S. Hadley (the president of
the association of the attorneys general
of the United States). and the attorney
for the Utilities Commission of the State of
New York, volunteered to assist us in the
argument. as their states. as we'll as
every other were affected by the consti-
tutional questions involved.
Education
The last two years have been marked
by a continuation of actual progress in
the schools of the state. There has been
Teachers wages are higher. The pro-
portional number of graduates from high
schools, normal schools and colleges has
increased. More schools than ever be-
cial state aid in their respective classes;
and schools in general are better provided
than ever with Libraries and equipment
generally.
Communications from many of the most
experienced school superintendent in
dictate that the compulsory attendance
law now upon the statute books is prac-
tically a dead letter. due very largely to
the fact that school officers do not desire
to risk neighborhood troubles by appoint
ing truant officers. / would renew my
previous recommendation that legislative
provision be made for a nonresident Of
ficer to enforce our educational laws in
the country districts. Poverty is not
responsible to any great extent in keeping
cnlluren from ScnoOl, people or means
being largely among the worst offenders
along this line. Certain it is that every
child in the state should receive the bene-
fits of our splendid educational system;
and provisions should certainly be made
to compel the attendance of children in
the public schools.
would also renew the recommended
ton 1 made to a previous legislature
looking toward the establishment of
county board of education, whose duties
would include the appointment of a coun.
ty superintendent.
The growth of the educational depart
ment with all its increased duties during
the past few years impels me to recon-
mend to the legislature some increases ir
the working force of the department. IN
view of the enlarged scope of the work.
and in order that it may be properly
done, and that the expenditure of money
may always be properly safeguarded SO
that our schools may receive the best
possible returns for the money expended