Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1913-06-20
MORE LITIGATION.
Railroads May Fight Return of
Excess Changes.
Especial correspondence


of Minnesota won the right to.
regulate those transportation lines
within its own confines, with due re
gard for the law of confiscation in
the prescribing of rates both for
freight and passengers, which victory
removed from threatened oblivion the
old and much debated question of
states rights, is history now, but it
is still live topic in state capitol
circles. Handed down better than
week ago by the United States SUI
preme court the decision still has
those who guide the destinies of the
state by the ears and every one con
cerned swells with pardonable pride
when the victory is mentioned. But
what bothers now is will the roads
accept the verdict of the highest
court in the land; have they other
time consuming devices up their
sleeves, and will the state be able
to make the roads disgorge the mil
lions of dollars in the shape of ex-
cess fares and freight rates taxed the
travelling and shipping public under
the protection of an appeal that has
been over four years before the vari-
Gus federal courts? Former Attorney
General E. T. Young and T. D.
O'Brien, who laid the foundation for
the victory, which is nationwide as
far as the scope of its Importance is
concerned, are confident enough to
believe that the 2-cent fare and the
reduced commodity and merchandise
rates, which were the bones of con-
tention, will be in effect within the
next ten days and that the millions
of dollars of excess paid by the pub
lie will be recovered, but there are
others not so sanguine. The expect
ed kick back" of the excess paid by
the travelling public, they say, will
not come without a fight. Of this
excess the return of probably $1,000,-
600 is in a measure certain, as the
legislature of 1909 took precaution to
make it so in law which it passed.
But as to excess fares and freight
rates paid, of which there is nothing
to show beyond a brief memorandum
on the companies books, they think
! it is lost for all time. Perhaps the
state can compel it's return to the
state treasury under the law of es-
cheat, but that remains to be seen.
What ever may. happen, however; 1t
was great victory and the railroads
reluctantly admit it.
J. .fs \
Mention of Ed Young, former attor-
ney general, and the one who, with
Tom O'Brien, Senator Durment and
others, laid the foundation for the
victory of last week, brings to mind
what might have been had this de-
cision been handed down last year in
stead of this. His title now might
be governor instead Of plain counsel
lor at law. 1t may have slipped your
mind, but Ed suffered bit of martyr
dom when he stood for fine for.
contempt of court in attempting to
enforce the rate law in the face of
the injunction preventing its enforce
ment. His punishment brought him
considerable advertising, but with a
half dozen others who aspired to Gov
ernor Eberhart's shoes he ran against
4 the primary law and that settled it.
In the old days of the convention a
victory like last week would not
have gone unrewarded. Those respon-
sible would have been invincible The
bigger the fight waged against them
the stronger would be their support.
!. !. i
Touching on this same primary
law and the passing of the old days
when two terms in Office, as far as
the state end is concerned, was re-
garded as the law and three terms
an evidence of popularity that car
ried with it something to be talked
about, opinion is general at the state
capitol that the next election will Of
fer little in the way of new faces.
The return of all the present incum-
Ibents if they see fit to again make
the race is regarded as certain. The
very logic of the primary is against
a change and there are plenty of the
wise ones who will bet on the propo-
sition. Governor Eberhart is consid-
cred as certain if he wants return
ticket. If the field is not large
enough his friends and the thousands
Of officeholders who are his creation
San provide 1t at small expense.
Secretary of State Schmahl has a
cinch, so has Attorney General Smith
and State Treasurer Smith, while as
to State Auditor Iverson as long as
the state primary law is on the books
all he has to do is to pay the re-
Quired fling fee and sit down.
\ ! +
Governor Eberhart has been quoted
as saying that the recent rate deci-
sion handed down at Washington is
victory for statewide control Of pub
lie utilities, which he is advocating
AS the decision savors more of home
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