New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1912-07-10
CAPTAIN PEAEnpER JUSTIFIED
In Supreme Court Decision Hand.
ed Down This Week.

In Supreme Court Decision Hand.
ed Down This Week.
Several decisions were handed down
by the Supreme Court of our State
last Friday which are of general in.
terest. The one, pertains to the trans
poptation rate of ~ cent a mile 4ol
the Minnesota National Guard and was
upheld by the highest tribunal. The
reduced rate was directed by the 1908
legislature and covered the mobiliza
ton of the guard when needed and the
annual transfer to Lake City where
the yearly maneuvers are held.
The Milwaukee road was the first to
make a test of the compulsory rate
The contention of the company was
that the new rate was class legisla
ton; that it was taking it's property
without due process of law aid depri
ving4 it of profit to which 1t was
rightfully entitled.
In the opinion written by Justice
Holt the contentious of the company
are swept aside and the law is held.to
be constitutional throughout. The ma
tional guard, the court says, is in, q
class by itself and can be legislated
for without discrimination for others
who travel.
Capt. Albert Pfaender is entitled
to practically the entire credit for
the. passage of this law. which. has
now been declared constitutional by
the Supreme Court. -,
During the closing days Of the LIE
gislature the necessity of such law
became apparent, and Capt. Pfaender
secured permission from the Govern
or of the State to introduce the bill
which became a law and is now on
our statute books. He framed the law
and it was thru his untiring efforts
that It was rushed thru in the last
days of the session, which is quite
q feat when on takes into considera-
ton the fact that there is usually q
large number of bills which their
authors try to force to a final reading
and passage. "a
In the second decision of the su.
preme Court the Minneapolis Musi-
clans Association, labor organiza-
ton, won signal victory. The Dis
trict Court of Hennepin County was
sustained in the appeal of the Stat
ford Opera House Company from the
decision of this tribunal.
The controversy involved the right
of the Musicians union to compel the
in the makeup of it's
orchestra of certain number of must
clans whether the production required
the number or not. The opera house
company contended that the compul-
sorry compliance with this particular
provision in its by laws was beyond
the corporate powers of the organiza-
ton. In effect the suit was test case
of the right of the Musicians union
to dictate to the opera house company
and practically every show house in
and St. Paul employing
an orchestra was interested.
The show houses are now compel
led to recognize the reasonable rules
IF the musicians union. This is GER
tainly . step in the right direction
Ind gives rise to the belief that here
after labor organizations will fare
oetter at the hands Of the courts than
hey have In de pGst.
10 the third dseision the oosn de-
aiss tts authority Is ct IS TIE case
v, C6ri c. vaa Dyke Va TIE Rail-
~ NAH Clerks Association and fol. |
ows The aetton Of the lover court and
Iustains It throughout. The case
;ane from Ramsey county and grew
nut Of an order issued BY the parent
association in Massachusetts,, which
'efused to uphold the action by the
renth division, with headquarters in
creating the Office of chair
nan of the welfare committee.
Van Dyke, who is at the head Of the
among the railway mail
Jerks to secure better wages and
ther relief for those employed in the
was elected to the chair
nanship of the committee in question.
alter he was given a salary of $1,000