The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1909-02-11
STATE AND RAILROADS
IN RACE IN COURTS

South Dakota engaged IN IL loOL race With
the railroads on Wednesday, and, remark
able as it may seem, the contest ended In
q draw.
A two-cent fare bin was making its way
quickly through the legislature. 1t car
ried with 1t an emergency clause, meaning
1t would go into effect the moment Gov
ernor Vessey wrote the last letter of his
narue on the bill.
The railroads of South Dakota have al.
ready made plain, by going into court
against a 215-cent fare. that they do not
want to sell tickets at . cents a mile. Inc
republicans in their party platform.
pledged themselves to give the state a 2
cent fare law. Til administration wanted
1t to be a real law and not a mere subject
for litigation. They wanted the people
of SeIth Dakota to have the privilege Oh,
buying tickets at 2 cents a mile.
1t was a foregone conclusion that the
railroad companies would try to enjoini
the law in federal court. SO 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 q state
law. once the court had entered upon the
case.
Comfy Among Courts.
Now there Is q rule among courts-com-
ity, the lawyers call it-wherehy 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
flege of hearing 1t through. In other
words, If the state could get an order from
the state supreme court in support of the
2-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 it was
first taken up by the state supreme court.
The attorneys for the railroad companies,
an army of them, We're at Sioux Falls
equally determined to get the case into
federal court first.
Plainly, it was to be a foot race and also
something OF a wire race.
Ben Hoover, representing the Milwaukee
s. st. Paul railroad at Pierre as lobbyist,
and Superintendent Dikes, Of the Huron.
division of the Northwestern railroad,
were 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 n bold stroke by sending
a messenger into the telephone booth and
holding it against the railroad people. The
railroad representatives countered by sta
tiolilliS ii man IN In9 secretary or 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 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 COM
PEELED to have some one c.ttempt to buy
tickets at 2 cents in Pierre, before thew
could obtain a wri. of mandamus to COM
pei the roads to obey the law. So it was
evident 1t would be Il close race.
The moment the last pen scratch on the
bill had bean made, the railroad men
leaped into their carriage and made off
for the telegraph office.
AT the Sioux Falls office, an operator
was nervously holding an open wire to
Pierre. AT 3:45 o'clock came the message.
governor Wesley signed 2-cent fare bill
at 1886 O'clock"
mad 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 first
was issued at $50 D. M.
Meanwhile at Pierre, a representa- Of
the state was telephoned to attempt to buy
tickets at z cents. The railroad agenta
We're deliberate and it 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 SUI
preme court shows that the order reauir-
ing the railroads to comply with the law
was made at $3.50 o'clock.
The two courts had tayap o,+;a, -
cisely the same moment 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 win
near the case. Perhaps the determining
1act Will pc that the restraining order Is
sued by the federal court Is returnable
March l, while the supreme court ordered
the railroads to show cause there on
March 3. The case will come up first In
the federal court. Perhaps the court will
say That since it canno 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 he rail-
road companies are without instructions.
Under the law they are liable to a fine of
$SO or Imprisonment every time they sell
a ticket at 3 cents a mile.
FlerTe, >. u, Feb. S.-While the spec
tacnlar foot race into court with the
2-cent rate law claimed the interest of
the legislature, the house yesterday
took up consideration of Writings res
olution providing for the lease of school
lands for farming. and it was supported
In oratory by Whiting, Trumbo, Peter
son of Clay, Wyman and Roberts. In
opposition to it were Newell, Larson Of
Union, n Issenuth. but 1t passed the
house. a
Adverse fate was meted out to the
bill by Larson. of Minnehaha, to reg
ulate and tax dances. dance halls. and
to regulate or prohibit fakirs. fortune
%tellers, c~lairvoyants and to license
plumbers and electricians.
The senate bill to elect county com
missioners by districts passed the SEN
ate; also Ewert's bill to reduce rate Of
interest on state warrants to s per
cent. The bill was amended to read
s. per cent and passed as amended.
-
DIES OF INJURIES AFTER
SUFFERING IL YEARS
Parker, s.. D., Feb. 8s-To die as the
indirect result of having her leg broker
more than u years ago was the fate OF
Mrs. Anna Krehbnl Kaufman, who died