The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-03-10
EXPRESS RATE LAW IS NOT
HELD INVALID.

EXPRESS RATE LAW IS NOT
HELD INVALID.
There has been a great deal of mis-
statement about the recent decision
by Judge Garland of the federal court
in the suit brought by the express
companies of South Dakota for an
injunction against the enforcement of
a new schedule of express rates drawn
up by the state board of railroad COM
missioners. The court did not hold
invalid the law passed by the last
legislature, attempting to make a
twenty per cent reduction in express
rates applying to business carried on
wholly within the state. All the court
did was to issue a restraining order
against the enforcement of the sched-
ule made by the board of railroad
commissioners, on the ground that
the law gave the board no such au-
thority. This is plainly the fact, as
will be evident to anyone upon exam
ination of the statute.
Not only did the law in question
provide that the express rates should
be reduced before July LIST of last
year twenty per cent, but also pro-
yided that the express companies
or any interested person could apply
to tie board of railway commission
ers for q hearing upon any rate and
the board was authorized thereafter
to change the rate complained of,
whether the rate in question was put
back to where 1t formerly stood or
whether It vas reduced below 80 per
cent OF the former rate.
Section three Of the law in ques-
tion required the express companies
ITO file with the board ,of railway COM
missioners before July LIST Of last
year q complete schedule OF rates in
force Jan. LIST, 1909. and also the new
schedule Of rates established here
In"
Section four of the law reads
No express company shall charge
or, receive for the transportation of
MNrchandise. money or other proper
ty.Wholly within the state OF South
Dakota, any. sun exceeding 80 per
cent Q the rate as shown In the
schedulefsof Jan.s1sf, 1909, provided
fOrs@tn#secti0n of this act, until
after the board Of railway commits
sioners hassprovided q different rate;
provided.t that nothing in this act
shall be construed to change any
special rate III force for the transpor-
tationsof cream, milk or poultry, or
TO reduce any, charge below Is
cents, = sSsss8ss
Section Ave 81 the act gives per-
mission TO the express companies. at
ter the schedule required had been
nled. ! Bapply to the board of railway
commissioners to modify any rate in
the schedule, when, . hearing must
10 given by the board. The section
adds:
AFTER any such hearing the board
o1sFailroad commissioners 10 empow-
sired and tits hereby made It's duty
70 change. modify and establish q
new schedule for any schedule found
tosbs unjust, without otherwise If
fectingsthe schedule OF rates egtab-
liahedA bys this act"
9ectfOnssix gives 20 any person In
terestsd the privilege OF complaining
Of any express rate or OF discrim-
nation whoreupon the board Of rail-
way commissioners must hear the
complaint and make . decision. as
provided for complaints by the ex-
NpreIs companies. The last section Of
the act Axes = penalty Of $4,000 for
violation BY the express companies.
Nov. after the passaga>of this Law.
: peculir situation developed. The
United States Express company, which
was carrying on the express business
for the Chicago, Milwaukee & st.
Paul railroad on January LIST, 1909,
failed to secures renewal of its con-
tract and.on May 4. 1909. It was sue
oesded BY the Wells Fargo Express
company. This express company was
not doing business in South Dakota
On Ian. !. 1909. and consequently 1t
had no schedule Of rates in effect in
this state. Therefore that company
could not be required to hle with the
railroad commissioners q schedule Of
@ffsarataaNasNtheY atood on Ian..1st,