Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1913-01-09

from attempting to enforcs ~ Nearly
four years have passed since then,
but we have not yet been able 70 learn
from the court whether or not the
fares fixed in the act are reasonable.
II is now nearly six years since the
order of the board. fixing IN cents
per mile as the maximum charge for
passenger fares was tied up By In
junction, yet. In that time. the court
has not said whether such order fs
right or wrong. It Is practically two
years since the board attempted to
relieve the people. principally those
west of the Missouri river, from OPP
pressive and extortionate freight
rates, yet In all of that time the court
which so promptly tied up that order,
has not yet decided whether. in its
judgment, the rates fixed In such or
der are just or unjust. These various
injunctions and the suits growing out
of them have thus been pending for
periods ranging from two to six
years, without a decision one way or
the other. In this experience South
Dakota Is in the same condition as
many other states and, in fact, that
of practically all other states where
rate regulation has been seriously at
tempted.
1t would seem that no effective reg
ulation OF freight and passenger rates
within state lines is possible so long
as the lower federal courts are thus
permitted to annul and bring to naught
all efforts on the part of the people
of the states to secure relief The
people do not SO much complain of
any specific decisions by these courts
az OF the contemptuous way in which
they trample on state laws and hinder
state officials in the performance Of
their duty in enforcing the laws when
no decision or Judgment on the merits
OF such laws has been rendered.
The National Association of Attor-
neys General Of the United States, as
means of relief from the intolerable
conditions thus created, recommend
ed the enactment of legislation by
congress so limiting the Jurisdiction
OF the circuit and district federal
courts as to prohibit them from re-
straining any officer or administrative
board OF any state from instituting In
state court any suit or other appro-
pirate proceeding to enforce the laws,
or orders of such administrative board,
Of the state, and providing that such
cases shall be tried in the state courts,
with appeal, on constitutional ques-
tons, to the supreme court OF the
United States. l urge that, by resolu-
tion or otherwise, you convey to our
senators and representatives In con-
gress your approval of such a measure.
Our state freight rates are so high
as to practically prohibit exchange of
certain classes of commodities be-
tween different parts of the state and
to work serious injustice to shippers
Of nearly all classes. The most super
fetal and cursory examination of
rates charged between various points
will demonstrate this. Not only are
our state rates Unfortunately high in
comparison to interstate rates, but
compared to state rates in nearby
states as well.
Other Public Utility Concerns.
Under the law the board of rail-
road commissioners are charged with
the regulation and control, not only Of
the railroad companies, but telephone,
telegraph, express and sleeping car
companies as well. The telephone
business Ii growing and extending rap
idly, and now. in the early days OF its
development, 1t is important to estab-
lish firmly the principles of strong,
elective regulation and control Of
service and charges on the basis, a
heretofore suggested In regard to rail-
roads, Of = fair return for service
rendered. believe that the time has
come when all public utilities should
be brought under control Of the board
and It be given the powers and duties
OF . general public utilities commis.
sion and charged with the duty Of
Regulating service and charges. The
basis OF successful regulation and con-
trcl must be the physical valuation
Of the property In use. the determine
ton Of proper standards Of equipment
- to kind. quality and construction,
and An accurate system Of accounting
20 show the gross earnings and the
nscessary and proper expenses and