Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1910-02-25
STATE AND RAILROADS
IN RACE IN COURTS

quickly through the legislature. IL car,
ried with 1t an emergency clause, meaning
II would go into effect the moment Gov
ernor Vessey wrote the last letter or his
name on the bill.
The railroads of South Dakota have al
ready made plain, by going into court
against a 2ia-cent fare, that they do not
want TO sell tickets at 2 cents a mile. The
republicans in their party platform
pledged themselves to give the state a 2
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 or
buying tickets at 2 cents a mile.
1t was a foregone conclusion that the
railroad companies would try TO enJoin
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 a state
law, once the court had entered upon the
case.
Comfy Among Courts.
Now there is u rule among courts--com~
ity, the lawyers call it-whereby the first
of one or more courts having possible
Jurisdiction over a certain case, to accept
the case, has the right of way, the priv
A4ShS VI NC"A aAS ~ SdS 40 ~NNNt
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 It, the attorney general believed
the federal court would refuse to enter
tain the case, upon showing that 1t 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 set the case into
federal court first.
Plainly, 1t was to be a foot race and also
something of a wire race.
ben Hoover, representing the Milwaukee
g. st. Paul railroad at Pierre as lobbyist,
and Superintendent bikes, 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 q bold stroke by sending
a messenger into the telephone booth and
holding it against the railroad people. The
railroad representatives countered by sta
tioning a man in the secretary OF states
office, where there was another. long dis
tance 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 stata 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 II was
evident Ii would he 81 ClOSA 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 helding an open wire to
Pierre. At 3:45 o'clock came the message:
Governor Wesley signed 2-cent fare bill
at 1885 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 Tor temporary restraining or
ders to Judge Garland.
The federal court record shows the first
injunction was issued at $50 d. m.
Meanwhile at Pierre, a representative of
the state was ~telephoned to attempt to buy
tickets at 2 cents. The railroad agents
were deliberate and 1t took time to get
word back to the state house Then the
ol6AAAAS Va LllS liIDhIdl uOGS Tic COlODOTL
with fast moving.
No Advantage in Time.
The result is that the record Of the SUI
preme court shows that the order requir-
ing the railroads TO comply with the law
was made at $50 o'clock.
The two courts had taken action at pre-
cisely the same moment in Sioux Falls and
Pierre.
Attorneys will not predict the outcome.
I Thu fact chat fha ra,a - IT,
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 returnable
March ], 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 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.
! IIndar the lazy thegy arc ..ia55ie 20 a fine or
500 or imprisonment every time they sell
a ticket at 3 cents a mile.
Pierre, s. D.. Feb. ,S.-While the spec
tacular foot race into court with the
2-cent rate Law claimed the interest Of
the legislature, the house yesterday
look up consideration or Writings res
olution providing for the lease OF school
lands for farming, and 1t was supported
In oratory by Whiting, Trumbo, Peter
son OF Clay, Wyman and Roberts. In
opposition to 1t were Newell, Larson of
Union. and 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 fortuna
~tellers, ~clairvoyants and to license
plumbers and electricians.
The senate bill to elect county COM
m~issioners by districts passed the sem
ate; also Ewert's bill to reduce rate OF
interest on state warrants to 6 per
cent. The bill was amended to read
IS" per cent and passed as amended.