The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1909-02-18
STATE AND RAILROADS
I'M RACE I'M COURTS

the railroads on Wednesday, and, remark
able rs It may seem. the contest ended I'm
n draw.
A two-cent fare bill was making its way
quickly through the legislature. It car
ried with IL an emergency clause. meaning
1t would go into effect the moment Gov
ernor Wesley wrote the last letter Of his
name on the bill.
The railroads Of South Dakota have all
ready made plain, by going into court
against a 2lk-cent fare, that they.do not
want TO sell tickets at Q cents a mile. Tt
republicans in their party platform
pledged themselves to give the state q q
cent fare law. The administration wanted
It to be a real law and not a mere subject
for litigation. They wanted the people
of South Dakota to have the privilege OF
buying tickets at 2 cents q mile.
1t was a foregone conclusion that the
railroad companies would try to enjoin
the law in federal court. 30 Attorney
General Clark determined to attempt to
beat their game by getting the case first
into the state supreme court. He recalled
how North Carolina and Alabama threat
ened in vain to use the militia to prevent
the federal court from holding up a state
law. once the court had entered upon the
case.
Comfy Among Courts.
Now there is a rule among courts--com-
lty, the lawyers call ~it-whereby the first
Of one or more courts having possible
jurisdiction over q certain case, to accept
the case, has the right OF way, the priv
pege OF hearing 1t through. In other
words, II the state could get an order from
the state supreme court In support OF the
e-cent fare law before the railroads could
get an injunction from the federal court
against 1t, the attorney general believed
the federal court would refuse to enter
tain the case. upon showing that II was
Il aw-N q -. 49, 49,
The attorneys for the railroad companies.
an army Of them, were at Sioux Falls
equally determined to get the case into
federal court first.
Plainly, It was to be q foot race and also
something OF a wire race.
Ben Hoover, representing the Milwaukee
g. st. Paul railroad at Pierre as lobbyist,
and Superintendent Dikes, OF the Huron
division or the Northwestern railroad,
we're at Pierre ready to send word to
Sioux Falls the moment the governor
signed the bill. p. W, Dougherty, assist
ant attorney general, was relied upon to
get into action with the supreme court OF
the state.
Ready for the Race.
The state made a bold stroke by sending )
q messenger into the telephone booth and
holding 1t against the railroad people. The
railroad representatives countered by sta
tioning q mar in the secretary OF states
office, where there was another long dis
lance phone. Outside, a carriage waited to
carry the railroad men to the telegraph
station. Restlessly all afternoon the three
men paced up and down the corridor OF
the capitol building. The state had an
advantage In that the supreme co0rt sits
In Pierre, while the railroad lawyers had
TO wait in Sioux Falls until they could get
word from Pierre. But the state was COM
PEELED to have some one attempt to buy
tickets at 2 cents in Pierre, before they
could obtain a writ OF mandamus to COM
pei the roads to obey the law. so It was
evident IL would be a close race.
The moment the last pen scratch on the
bill had been made, the railroad men
leaped into their carriage and made Off
for the telegraph office.
At the Sioux Falls office, an operator
n~ervously. holding an open wire to
Pierre. At 3;46 o'clock came the message.
Governor vessey signed 2-cent fare Bill
at ass o'clock
Before the message was half written. II
had been telephoned to the federal build
ing and there the waiting ATTORNEYS
scrambled to their feet and presented their
applications for temporary restraining or
ders to Judge Garland.
The federal court record shows the arst
Injunction was issued at $50 D. m.
Meanwhile at Pierre, a representative OF
the state was t~elephoned to attempt to buy
tickets at 2 cents. The railroad agenh
were deliberate and 1t took time to get
word back to the state house. Then. the
dignity of the tribunal does not comport
with fast moving,
No Advantage in Time.
The result is that the record of the su-
preme court shows that the order requir-
was made at $3.50 O'Clock.
The two courts had taken action at pre-
cisely the same momen in Sioux Falls and
Pierre.
Attorneys will not predict the outcome.
The fact that the race to the courts ended
in a tie does not mean that neither will
hear the case. Perhaps the determining
fact will be that the restraining order is
sued by the federal court is r~eturnabl@
March !, while the supreme court ordered
the railroads to show cause there on
March 5. The case will come up first in
the federal court. Perhaps the court viii
say that since IT cannot be shown that the
supreme court took Jurisdiction last
Wednesday before the federal court. the
federal court will act.
In the meantime the agents OF the rail-
road companies are without instructions
Under the law they are liable to a fine OF
or imprisonment every time they sell
a ticket at 3 cents q mile.
Pierre, 3. d., Feb. the spec
tacular foot race into court with the
2-cent rate law claimed the interest OF
the legislature, the house yesterday
took up consideration Of Writings RESI-
olution providing for the lease OF school
lands for farming, and II was supported
in oratory by whiting. Trumbo, Peter
son of Clay, Wyman and Roberts. In
opposition to 1T were Newell, Larson OF
Union. N Issenuth, but 1t passed the
house.
Adverse fate was melted out to the
bill by Larson, OF Minnehaha, to reg
ulate and tax dances, dance halls, and
to regulate or prohibit fakirs, fortune
~tellers, ~clairvoyants and to license
plumbers and electricians.
The senate bill to elect county com
missioners by districts passed the sens
ate; also Ewert's bill to reduce rate OF
interest on state warrants to 6 per
cent. The bill vas amended to read
20" per cent N passed as amended.
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DIES OF INJURIES AFTER