The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1914-01-29
RECOVER
EXCESS FARES
THIS Is FEATURE Of 21s CENT
RATE DECISION RESULTING
FROM RECENT STATE LAW.

Sioux Falls, S. D.-The decision Oh
South Dakota's 2& cent passenger
rate law, held constitutional ana
equitable 10 the railroads according
10 the decision OF Judge e. s. Willard
oil St. Paul filed in the clerk of the
federal court yesterday, will become
effective as soon as the decree is filed,
unless Il stay OF judgment is secur
ID by either the railroads or the
state and ii is probable that such i
stay win be asked for so that both
sides may study the text of the opiE-
ION and consider taking steps for-thc
appeal OF the case.
Justice j. Ilow%"d Gates of the
state supreme court, Wnc was special
master in chancery in tie case 1T INC
hearings held, IS sustained il. nearly
very issue by The court and the ll"d-
ng that a 21@ cent fare is equitable
$ in accordance with the findings o.
he master in "chaucory.
May Collect ENecss Charges.
Numerous suits agsin5a tle raul
Dads for excess charges nay he riled
/ the eases are not appealed. THUS is
made possible under the provisions
If Il law passed by the last legisla-
ure which provides that patrons OF
abroad or express companies. where
he rates fixed by the state are held
ron enforcement pending court ac-
may start actions for recovery
II the eXces charges. The Law de
that:
The payment of any demand for
my such rates shall not be deemed to
)e voluntary payment of the rates,
Tor a settlement or adjustment of the
mount due for such charges. and 10
protest against the charge need bel
made in any manner to entitle any
person, firm or corporation TO recover
OF such charges.
ANY agreement to waive or dist
lain the right to recover any such
barge is hereby declared to be agd-l
nst public policy and is void"
This was one OF the so-called adj
measures passed in anti
ipation of the courts DECISION.
Approves 21a Cent Rate.
The court after reviewing the evil
in the case and the findings OF
lie special master holds that the az
'ent rate is not c~onfiscatory, declar-
ng: Sl..,5c
"As to the rate of 2 u cents attack |
d by the oribinal bill it appears that
return OF 5.IS55, is not far FROM
per cent. But ven If a fair return |
hould be fixed al Z per cent is the
whence sufficiently definite so that
court can say with certainty thai
returns III the rate were put in
would not be more til an 5.7S55I
cent? -
81 do not think that a rate of 2la
.ents, If it wore put in force would
re confiscutory.
The original bill should. therefore
re dismissed
Injunction Conditioned.
lie finds however that the = centE
ate would not give the railroads n:
return on their investment
md would therefore he c~onfiscatoryI
md unconstitutional. The injunction
Igalnst the enforcement of this rate
5 made conditional so that the state
nay AT any time upon making a pro-i
,er showing of change in couditionsl
ecure the right TO enforce its 2 cent?
ate. n court says in this respect: |
The decree 50 far as the supplo-i
mental bill is concerned should con-l
ain Il provision to the effect that thcl
abroad commission and the attorney
General OF this state may apply at any
Inc TO the court, by bill or other
wise ii they may be advised for al
'urther order or decree. whenever i'll
'hall appear that by reason of a.
in circumstances, the ratesl
by the states acts and orders
ire sufficient to yield the company
'easonable compensation for the ser
ices rendered"