The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1913-01-17
Gov. Byrne's Message to Dakota Lawmakers


state to secure relief. The people do
not SO much complain OF any specific
decision by these courts as OF the n
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 &c Alter
neys General Of the United States. ~
"a means OF relief from the intoleraLle
conditions thus created. recommended
the enactment OF legislation by ON
gress SO limiting jurisdiction of the
circuit and district federal courts rs to
prohibit them from restraining any Of
ticer or administrative board OF the
state, and providing that such cases
shall be tried in the state courts, with
appeal. on constitutional questions, 10
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 " state
courts? Is there a possibility that
they would do injustice TO any of these
corporations? The idea is %prepostcr.
Gus. Relief might. however. be fur.
nished the people with reasonable
~promrtnCss where relief is due. The
agencies Of the national government
canrot be enlisted 10 relieve the peo.
pie from the burden of high and OK
tortionute freight and passenger rates
on business within and o crossing
state lines. but the lower courts of
the national government seem 10 eff
fcctualiy stand in the way of relief
being furnished by the state.
Our state freight rates are so high
as 10 practically prohibit exchange of
certain classes of commodities be-
tween different parts of the state and
&c 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.
Rates Are Too High.
Not only are our state rates inor.
dinately high in comparison to inter
state rates. but compared 10 sta e
rates in nearby states as well. There
IS m good reason why freight rates
should be higher in South Dakota thar
in CHER nearby states. and this fight
Will lac continued until they are re-
duCed and made fair and reasonable
to the public as we'll as equitable in
relation TO other localities.
have started some investigation
OF railroad rates which have not had
time TO complete. | intend to commu-
nicate %.tn YOU further in relation TO
this later in the session. when ! shall
tiy 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 10 harass or in
convenience the railroad companies.
nor 10 reduce their earnings below
what is fair and reasonable. on the
contrary. everyone is personally inter.
csted in their success and prosperity,
freely c~onceding their right 30 make
such charges for their service as viii
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 fuil.
fair and honest report showing all
their transactions. their total income
and legitimate expenditures which
now they do not-and vi can agree
at once What We object 10 IL eAtor-
ion b. means OF unfair. unjust ahu
unreasonable rates
In this connection ! call your atten.
ton 20 the importance OF requiring
tho members OF the board Of railroad
commissioners to reside at tha CAPT
tai ard remain IN practically contiuu-
ous session. as aboard except during
such lime as their official duties takes
them about the state. II pcrhaps
would be some hardship 20 relnir"
them e break up their present homes
and establish residence at he cap
ital On their present meager salaries.
vet II is of the utmost importanC"
th-t they be here. within cas- reach
OF III, governor and attorney general.
r,d hat they devote their entire imc
40 their work. and thus become expert
and efficient in the line OF their duties,
and ! recommend that they DC reqdir-
ed to do this. ~ though 1t ne deem
Cd Necessary to increase thci: com
pcnrltiCn to make W for their added
expenses. There il very much work
that should properly come before the
board for consideration n determin-
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 as elsewhere;
but while many other states have
made progress In the solution OF the
question, South Dakota Tags behind.
II Is time something was done to rem.
edy this. II is a well known fact that
under our present method the bur
dens O taxation rest upon individuals
almost exactly in inverse ratio to their
ability 60 pay. The man with a lttie
home or a small amount of tangible.
visible property. contributes liberaiiy
In proportion TO his means TO the sup
port OF government. while the man OF
large means contributes proportion
afely little. Various forms of intan-
pIble property continue 10 practically
escape taxation. 7 earnestly recon
mend TO you the enactment OF a law
providing for a permanent tax COM