The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1909-02-11
LEGISLATURE PASSES
2-CENT RATE LAW
And Railroads Immediately Secure Restraining Order In
Federal Court at Sioux Falls
LAW NOT LIKELY TO Be EFFECTIVE FOR SOME TIME
Both Houses Pass 100000 Appropriation Bn,For Com
pleOn of State Capitol

The center of interest Wednesday
was in the tv'o-cent rate law, with the
emergency clause attached, which
would make it law as soon as it
was filed in the office of the secretary
of state. 1t was signed by the pre-
siding officers in both of the houses
early in the afternoon and went TO
the governor at $50 o'clock, and with,
in ten minutes it was signed This
puts the railroads up against new
proposition along legal lines.
Following the receipt of informa-
ton to the effect that Gov. Vessey had
ON Wednesday approved the 2-cent pas
senger rate law enacted by the state
legislature. attorneys representing the
various railroads concerned filed in
the United States circuit court at
Sioux Falls an action to perpetuaily
enjoin the state authorities from put
ting the reduced rate into effect.
Judge Garland. at the conclusion of
the arguments, granted a restraining
order and an order to- show cause,
which is returnable in his court at
o'clock in the afternoon of Monday.
March !.
The defendants in the action insti-
tuted by the railroads are the mem
bers of The state board of railroad COM
missioners, Attorney General Clark
and the states attorneys of the various
counties through which the lines of
the various railroads extend.
Pending the hearing before Judge
determined whether or not the applica-
ton of the railroads for temporary
Injunction shall be granted, the de-
PENDANTS are enioned and restrained
from attempting to put into effect
the new law reducing passenger rates
to cents per mile or from instituting
any action or actions seeking to COM
pei the railroads to accept passenger
fares at the reduced rate.
case the present three-cent rate will
remain in effect. The railroads con-
tend that owing to the fact that South
Dakota is sparsely settled compared
with the older states of the middle
west a reduction to two cents would
compel them to operate their passen-
1Ca-. in a
While the railroads were getting
busy to get into the court at Sioux
Falls immediately after the signing
of the 2-cent law. the attorney Sener-
ais department at Pierre, was making
a move to beat them TO it in the state
court, and securing an alternative
writ of mandamus from the state su'
preme court alleging violation of the
law on the part of the agents Of the
! Northwestern road at Pierre and at
Fort Pierre and serving the writs on
these agents a few minutes after the
} law went into effect.
The writ commands the agents OF the
COul pdHy W COIHply Will thc io" iato
law or come into the supreme court on
: the third day Of March and show
: cause why they have not done so.
This move is to get jurisdiction OF
the case in the state court instead OF
t the United States court, if possible.
, The committee on Charitable insti
tutions reported favorably on the bill
, to confine dope fiends at the insane
hospital in separate wards from the
other inmates.
If the senate follows the house
action the state will establish tuber
: culosis hospital at Custer, the bill fol
that institution having passed the
house with but four dissenting votes.
; In the house a list of game bills
, was started by Abbott, in which he
makes only one month the open sea
son and cuts out spring shooting; re
quires license in every county, and
: that bird dogs be shut up during the
summer months.
There was slight furry in the
house over the committee report on
the indeterminate sentence and parole
i. officer bill, an adverse committee re
port having been made, but Bartine
, and Wyman insisted on getting the bill
, out into the open for consideration
, and secured change in committee
report. and it will be up for discus
: sion.
, The Fitch bill in the house provid
. ing for 8 o'clock closing of saloons
. was defeated, only receiving A af-
firmative votes.