Willmar tribune., 1909-01-13

business. and which Will provide the
necessary penalties for failure to make
returns Of gross earnings.
Railway Regulation.
me maintenance of maximum rate
OF two cents per mile for the transporta-
. ion Of passengers undoubtedly tends to
equality Of rates and perhaps lessons tho
discretion which the carriers formerly
had to grant special rates either to par.
tlcuar class OF persons or upon particular
ereay Te5s It dg Gs de-
cur. In my Judgment the arguments
against the rates fixed by the legislature
Of Of. 1907; are of little force az compared
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
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
thority to say whether or not such re-
Enumeration shall come equally from all
the travelling public or whether or not
of mileage books, excursion rates or other
special rates. Is certainly vested In the
sound discretion Of the legislature.
Shortly before the convenins of the
house commission of this state had made
its order establishing rates to be charged
by carriers upon merchandise in this
state. the term merchandise covering
the so-called western classification.
The schedule so ordered was accepted
by the carriers affected and the rates
have been maintained ever since: SIN e'0'i rhere aae
We're. however. a large number Of i'm
portant articles Of freight not included
IN the western classification which for
designated % as commodities. These articles @
included grain. grain products lumber,
live stock and cattle and during the
month MOI ~, of December. 1906 the Railroad
other order establishing the schedule Of
rates for the transportation of those So
called commodities. Actions were brought
by the railroad companies affected to
order of the Railroad and Warehouse
Commission and those actions were pend
Ing; during the 1907 session Of your body.
tine w Of the two
considered by all those charged with a
duty in the premises that 1t would be
wise to- slightly modify the order Of the
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
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-
followed. the rates allowed, however,
being for the reasons already given some
what higher than those found in the
order of the commission.
The necessity for the proper regulation
and control by the state of common car
riers becomes every day more apparent.
This control should be firm but reason
able. Nor have I any sympathy with the
fhno n1rync
that both federal and state control are
Incompatible. The checks and balances
col,nt found in the federal and in each state
stcuments 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 ron the foundation Of the government
administration required that the sovereign
power be free to bring such actions in its
own courts as may be necessary to en-
force It's its lays and to make this right
makes a state (meaning the general Of
the eotats state's % power; immune from suit IN
self therefore felt that these proceedings
wherein the railroad companies subject
to state regulation were able to 20 into
the federal court and procure an injunc-
state from performing his constitutional
duty, was an assault upon the states
sovereignty, violation of the Federal
sisted in would ultimately destroy the
Federa Court heid any THAT satfs tse tse
torney General of a state could not be
prevented by Injunction from performing
the duties required of him by the gov
ernment Of the state.
I consulted with the attorneys general
OF several other states on the subject,
Importance Of insisting on the immunity
Of the state from suit and therefore in
order to get the matter speedily before
the: the Federal Supreme Court and get a
and for that purpose only. I deliberately
violated the injunction by bringing an
action IN mandamus in the State District
C1mre ct rafe Court to enfSrce the
fined for contempt by the Federal Cir
cult Court. and left in the custody of the
marshal tharst,aa until the fine should be paid.
corpus in the Federal Supreme Court
on the ground that was wrongfully
restrained Re. Of my liberty by, the United
the Federal Circuit Court in an action
Of which that court had no Jurisdiction
The writ was issued and the case sci
Gowm ms~a,,hsn for ,oe7 he7ring r. in Washington ii
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
New York, volunteered to assist us in the
argument. as their states. as well as
every other, We're affected by the consti.
tutional questions involved.
The last two years have been marked
by a continuation of actual progress in
! the schools Of the state. There has been
Slight. Slight iengthening Of the school terms
portional number Of graduates from high
schools, normal schools and colleges has
increased. More schools than ever be.
fore @ have qualified for and received spe-
and schools in general are better provided
than ever with libraries and equipment
generally.
Communications from many Of the most
| experienced school superintendents in
dicate that the. compulsory attendance
law now upon the statute books is prac-
tically a dead letter, due very largely to
to risk neighborhood troubles by appoint
Ing truant officers. I would renew my
previous recommendation that legislative
! provision be made for nonresident Of
iicer to enforce. our educational laws in
| the country districts. Poverty is not
responsible to any great extent in keeping
children from school, people of 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 recommenda-
tion I made to a previous legislature
! looking toward the establishment of a
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-