The herald-advance. (Milbank, S.D.) 1890-1922, 1913-01-17
Gov. Byrne's Message to Dakota Lawmakers

Stdle " secure TellCI. Inc people 90
not so much complain Of any specific
decision by these courts as of the con-
temptuous 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
a means of relief from the intolerable
conditions thus created, recommended
the enactment of legislation by con
gress SO limiting jurisdiction Of the
circuit and district federal courts as to
prohibit them from restraining any Of
ficer or administrative board of the
state, and providing that such cases
shall be tried in the state courts, with
appeal, on constitutional questions, TO
the supreme court Of the United
States. ! urge that, by resolution or
otherwise, you convey to our senators
and representatives in congress your
approval of such a measure.
Why should not these matters be
tried and settled in our own state
courts? Is there a possibility that
they would do injustice to any of these
corporations? The idea is p%reposter-
Gus. Relief might, h%o~ever, be fur
nished the people with reasonable
promptness where relief is due. The
agencies Of the national government
cannot be enlisted to relieve the PEG.
pie from the burden of high and OK
tortionate freight and passenger rates
on business within and not crossing
state lines, but the lower courts of
ts,@ naI,1r, - ~1a-, - -
~fectualiy stand in the way of relief
being furnished by the state.
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
tc 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.
Retes Are Too High.
Not only are our state rates inor-
dinately high in comparison to inter
state rates, but compared to sta g
rates in nearby states as well. There
is no good reason why freight rates
should be higher in South Dakota than
in euler nearby states, and this fight
will be continued until they are re-
duced and made fair and reasonable
to the public as well as equitable in
relation to other localities.
have started some investigation
of railroad rates which | have not bad
time to complete. ] intend to cOmmu-
nicate with you further in relation to
this later in the session, when | shall
try to furnish you some detailed in
formation and, possibly, suggest rem
edies.
The motives behind the contest for
fair and reasonable freight and pas
senger rates are sometimes miSun-
derstood and often misrepresented.
There is no desire to harass or in
convenience the railroad companies,
nor to reduce their earnings below
what is fair and reasonable. On the
contrary. everyone ie personally inter-
ested in their success and prosperity,
freely coneeding their right to make
such charges for their service as will
enable them to pay a fair return on
the amount of actual investment or
value of their property, after paying
maintenance and operating expenses.
Let them agre to and act On this SIM
pie proposition. and then make full,
fair ard honest report showing all
their transactions, their total income
and legitimate experimentation
now they do not-and we a agree
at once. What we object to is extor-
ton by means Of unfair, unjust ald
unreasonable rates.
In this connection ! call your atten-
ton to the importance OF requiring
the members of the board Of railroad
commissioners to reside at the capt.
tai ard remain in practically continu-
Gus session, as a board except during
such time as their official duties takes
them about the state. 1t perhaps
would be some hardship to require
them to break up their present homes
aud establish residence at the cap
ital en- their present meager salaries,
vet It is of the utmost importance
that they be here. within easy reach
OF the governor and attorney general,
and that they devote their entire time
to their work. and thus become expert
and efficient in the line of their duties,
and I recommend that they De requir-
ed 20 do this, even though it be deem
ed necessary to increase their COM
p~ensatiCn to make up for their added
EXPENSES. There is very much work
1 I1aL SHouiu plOptIi OlI bNiotV tlC
Board for consideration and determine
alton, much more. ! believe, than they
can possibly attend to satisfactorily
under present methods.
Taxation Question.
The assessment and taxation OF
property is ever a difficult and per-
picking problem, here a elsewhere;
but while many other states have
made progress in the solution Of the
question. South Dakota lags behind.
1t is time something was done ~ rem
edy this. 1t is a well known fact that
under our present method the bur-
dens of taxation rest upon individuals
almost exactly in inverse ratio to their
ability 10 pay. The man with a little
home or a small amount OF tangible,
visible property, contributes literally
in proportion to his means to the sup
port of government, while the man Of
large means contributes proportion
ately little. Various forms Of intan-
gible property continue to practically
escape taxation. / earnestly recon-