The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-01-05
PROTESTS AGAINST
ELLIOTT IN OPEN
LETTER TO GAMBLE
George Rice of Rail-
road Board Thinks he
Would be Biased.
PLATFORM
QUOTES PLATFORM

DCSldlCo NdlllOdQS TIOpOSe
to Collect Capital from Pub
lie if Permitted.
Flandreau, S D.-George Rice,
member of the South Dakota board
OF railroad commissioners, today
made public an open letter he has
sent to Senator Gamble protesting
against the appointment of j. d. Ell
lott as United States Judge.
Hon. Robert j. Gamble,
Washington, d. C.
Dear Sir:
The most important matter now
before the American people is the
regulation and control Of public SER
vice corporations, and more especial.
ly, railway corporations. This is, at
present, important not only from a
theoretical standpoint, but from an
actual financial standpoint that az
fects every consumer. More import
ant to the public than the election
of Representatives and Senators to
Congress, President of the United
States, members of the Legislature
and Governors, is the appointment of
Judges to the Federal Court. If
the Legislative or Executive branches
of the Government take action upon
these, or other matters, that is un-
.lst or unwise, the people can soon
correct the mistake. If the Courts
mokn q uyrNnO 1noiot0~ r-1o c.oL
matters, it is almost always based
upon constitutional grounds, and
becomes a part of the fundamental
law of the land. 1t can only be over
turned by an amendment to the Con-
%stitution, or a change in the Judi
ciary. In view of the fact that a pe~-
son who criticises the decision of a
court, and especially the decision of
a Federal Court. is at once denounc-
ed as a socialist, an anarchist or a
revolutionist, the Importance of ap-
pointing proper men to the judiciary
at once becomes apparent. You have
endorsed Hon. James D. Elliott OF
Aberdeen for the appointment as
United States District Judge for the
District of South Dakota. l have
known Mr.. Elliott for twenty years,
and during that time, have always
been on the best of terms with him
personally. politically and profess
sionally. but 1 do not believe ne
should receive the appointment above
referred to.
How Plank Was Adopted.
Previous to the holding of the
last Republican State Convention, the
Railway Companies doing business in
the State of South Dakota, filed a
schedule of freight rates with the In
terstate Commerce Commission, in
creasing the rates for the transpor-
tation of freight from this state.
Commerce Counsel, Ellis, represent
ing the c. M. & st. P. Ry. Co., has
testified that the raise in freight rates
on grain from the State Of South Da-
kota would amount to thirteen cents
per cultivated acre Of land within the
State.
"Doane Robinson, official statisti-
testified that this would amount to
can for the State of South Dakota,
s1.80O,0Oo per annum. This is more
than it costs to run the entire State
Government of South Dakota, and re-
member, this is to be paid in addi-
ton to what has always been consid-
cred at least high rates for trans
%portation, and rates that have been in
many cases much higher than the
rate paid in the State of North Da-
kota.
ION July 5th, an Associated Press
Dispatch purporting to a~uthoratively
speak for the Interstate Commerce
Commission, in part is as follows:
The Commission knows that the
railroads of the United States in the
next half dozen years, If they are to
keep pace with the transportation de-
ma.nds of the country made necessary
must eXpend something like $4,000
per mile in betterments and equip
ment. This means, in round figures,
an out $4,000, 600, 1000. The Com
mission knows that there are only two
ways in which this money can be pro-
vlded. One is to pay it out of the
revenues of the road. The other is
to borrow it. on bonds. Chairman
Knapp has been understood to favor
the making of these improvements
out of the revenues, and therefore, is
inclined to show a liberal policy in
the matter of rates."
cit at once became apparent that
the railway companies of the country
were asking to increase the perman-
ent value of their property to the
amount of two billion dollars, and to
pay for it out of the of the
road. The people would forever after
have to pay a reasonable return upon
this two billion dollars, and the
Courts, upon constitutional grounds,
would not permit the public to reduce
railroad rates to q point that would
not pay a reasonable value upon the
entire property, including the value
added in the method above referred
to. These facts were before the State
Convention at Sioux Falls, and in a
room at the Cataract Hotel, where
thirty or forty delegates were pres
ent, representing nearly every Coun-
ty in the State. Arthur Brown of Can
ton and myself prepared the follow
ing plank, which was afterwards
adopted by the State Convention. The
resolution was written by Mr.. Brown.
we are opposed to the appointment
to Federal Judgeships of corporation
lawyers whose environment is such as
to create distrust or weaken public
confidence in cases where such cor
poration interests may be involved"