The Miller press. [volume] (Miller, S.D.) 190?-current, 1909-02-11
STATE AND ROADS
CLASH IN COURTS
Race Over Two Cent Rate Law
Declared q Tie

! 1Ootrace with the railroads on We'd
nesday. and, remarkable as it may
seem, the contest ended in a draw.
A 2-cent fare bill was making its
way quickly through the legislature.
1t carried with it an emergency
clause, meaning that it would go in
to effect the moment Governor YES
sey wrote the last letter of his name
on the bill.
Foot And Wire Race
Now there is rule among courts
whereby the first of one or more
courts having possible jurisdiction
over certain case, to accept the
case, has the right of way, the privi-
lege of hearing it through. In other
WORDS, if the state could get an
order from the state supreme court
in support of the 2 cent fare law be-
fore the railroads could get an in
junction from the federal court
against it, the attorney general be-
lieved the federal court would refuse
to entertain the case, upon showing
that it was first taken up by the
state supreme court. The attorneys
for the railroad companies, an'army
of them, were at Sioux Falls equally
determined to get the case into fed
eral court first.
The state made a bold stroke by
sending messenger into the tele-
phone booth and holding it against
the railroad people. The railroad
representatives countered by station
ing man in the secretary of states
office. Outside carriage waited to
carry the railroad men'to the tele-
graph station All the afternoon
the three men paced up and down
the corridor of the capitol building
The state had an advantage in that
the supreme court sits in Pierre,
while the railroad lawyers had to
wait in Sioux Falls until they could
get word from Pierre. But the
State was compelled to have some
one attempt to buy tickets at 2 cents
in Pierre, before they could obtain
writ of mandamus to compel the
roads to obey the law. So it was
evident it would be a close race.
Enioined in Fifteen Minutes
The moment the last pen scratch
on the bill had been made, the rail-
road men leaped into their carriage
and made off for the telegraph Of
fee.
At the Sioux Falls Office, an oper-
ator was nervousiy holding an open
wire to Pierre. At 3:45 O'Clock,
came the message:
Governor Vessey signed two-cent
fare bill at 1876 o'clock"
Before the message was half writ
ten it had been telephoned to the
federal building and there the wait
ing attorneys scrambled to their
feet and presented their applications
for temporary restraining orders to
Judge Garland.
The federal court record shows
the first injunction was issued at $50
y. m.
Like Speed Al Pierre
Meanwhile at Pierre, a represen.
tative of the state was telephoned to
attempt to buy tickets at 2 cents.
The railroad agents were deliberate
and it took time to get word back to
the statehouse. Then the dignity of
the tribunal does not comport with
FAST moving.
The result is that the record of
the supreme court shows that the
order requiring the railroads to COM
ply with the law was made at $50
o'clock.
The two courts had taken action
at precisely the same moment in
Sioux Falls and Pierre.
In the meantime the agents of the
railroad companies are without in
structions. Under the law they are
liable to a fire of $500 or imprison-
ment every time they sell ticket at
3 cents mile. The agents here say
they have received no instruction to
change the price Of transportation
and that they will make no change
until notified.
Huronite- Warren Hurst, of Sioux
City, Iowa, anC Miller, S. D., was in
the city Monday looking after some
business matters. Mr. Hurst is the
party who purchased the old John
Sauer corner, Second and Dakota
Avenue for sic, 200, and who recent.
ly disposed of it to the Fred Miller
Brewing Co., of Milwaukee. for
Sl1, 900.