The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-04-14
CRAWFORD on RATE BILL
Refers to "Dlsgraceful" Race of Rail
roads of South Dakota to Ask
Federal Injunctions.

dle COl1llllllee Ou Interstate COLu-
merce (Seuator Elkins) reported out
the administration railroad bill with
the recommendation flat it do pass,
some OF tie senators insisted that
the bill needed a careful scrutiny in
broad daylight before a vote coull
be taken.
Senator Crawford last week offer
ed several amendments to the pend
ing bill and supported the same in a
speech which had the closest atten-
ton of a we'll filled chamber.
Senator Crawford's amendments
provide:
1. That the interstate commerce
commission shall have power to as
certain the physical valuation of the
railroads in interstate commerce.
2. That the proposed court of
commerce shall have exclusive origi-
nal jurisdiction to hear all cases
brought in the United States circuit
courts to set aside, annul or suspend
orders made by boards of railway
commissioners of the several states
on the ground that they are confisca-
tory. But no temporary or i%nterlocu-
tory injunction or temporary re-
straining order ~suspending or re-
straining the enforcement Of the
statute of any state and restraining
the action of an officer or officers Of
a state in enforcement of such stat
ute shall be issued or granted by
any court of the United States or
by any judge thereof until after said
statute has been in full force and eff
feet for the period Of ten days; and
the commencement of an action in
"a court of competent jurisdiction of
a state for the purpose of enforcing
a statute of said state, if begun there
in within ten days after said statute
went into effect, shall deprive the
courts of the United States of juris-
diction to hear and determine any
suit to suspend or restrain the en-
forcement or execution thereof until
said action pending in a court of
said state has been finally disposed
of by the court Of last resort in said
state.
g.. That it shall be unlawful for
common carriers to transport arti-
Giles manufactured mined or produced
by them, carrying into effect the
commodities clause in the Hepburn
act.
In his remark to the second amend
ment named, Senator Crawford ex-
pressed the opinion that the court of
commerce provision would not be
justified unless it is given jurisdic-
ton over cases to annul orders by the
boards of railway commissioners of
the several states, which are now
brought in the circuit courts of the
United States in cases where it is
claimed such orders are confscatory.
The amendment giving this increased
jurisdiction to the court was offered
by the Senator from South Dakota,
who declared that it would material
ly increase the number of cases heard
and add greatly to the usefulness of
the new court.
The practice of railroads and state
officials rushing to the courts in liti-
CATION to enjoin the enforcement of a
state statute was characterized by
Senator Crawford as "disgraceful and
unseemly."
MANY cases of great Importance
are now brought in the circuit courts
of the United States, Senator Craw-
ford said, ito enjoin the enforcement
of statutes of states and to annul Or
ders made by state boards of railway
commissioners fixing maximum rates
for interstate traffic. l am informed
by the attorney genral of South Da-
kota that over twenty cases are pend
ing against the officers of that state
in the circuit court of the United
States to enjoin the enforcement of
statutes and to annul orders claimed
to be confiscatory in their effect.
Numerous actions Of a similar
character, I understand, r perding
in the Federal courts in North Caro-
lima, Alabama and other states. I'm
seemly and disgraceful scrambles oc-
cur in a race between the contending
parties when one side attempts to
invoke the aid of the state courts to
enforce the statutes of the state,
while the other attempts to invoke
the Federal court to enjoin such en-
folcement, priority OF time in COM
mencing the suit determining Which
court shall retain jurisdiction over
the subject matter.
pending between several railroad
SOll James III IuC C1lSC1S vi ooQll
Dakota, the filing Of the suits in the
circuit court of the United States by
the railroads to enjoin tho officers
from enforcing the statute OF the
state preceded the filing of a suit by
the attorney general of the state to
enjoin the railroad to enjoin the Of
ficers from enforcing the statute of
the state preceded the filing of a suit
by the attorney general of the state
to enjoin the railroads from violating
the same statute bv only an hour or
two, both suits having been commence
ed before the signature of the gov
ernor approving the bill was Cry.
This arouses bitter feeling and re-
sentiment on the part of the people of
the state against the Federal court,
because they feel that by a trick
their W courts are deprived Of jur-
isdiction to pass upon the validity
of one of their own laws"
Al tho conn1nciou IF Senotor Cr,u,