Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1914-01-30
RAIL RATE UPHELD
JUDGE WILLARD FILES DECISION
WITH CLERK OF FEDERAL
COURT AT SIOUX FALLS.
OTHER ITEMS OF INTEREST
From the Capital City, the Various
State Institutions and From
Many Different Parts Of
the Sunshine State.

Sioux Falls.-Holding that the two
cent passenger rate act adopted Dy
the legislature of South Dakota in
1909, is void because cOnfscatory,
Judge Willard of Minneapolis susta1ns
the proposed 2h cent rate in an opin-
ion which he has filed with the clerk
of the federal our in this city. The
opinion practically ends a case that
has had the attention OF the courts
for the last six years. Whether or not
the state will appeal the case is uncer-
tain, but in some quarters it is stated
that it seems likely it will.
The 2R cent rate which is upheld in
the decision of Judge Willard, is the
same that the railroads agreed to put
into effect at q conference at Pierre
last year, when their proposition was
rejected, and is that which was rec
commended by J. Howard Gates, mas
ter in chancery in the case, who was
at that time a resident of Sioux Falls,
but is now, as a judge of the state SUI
preme court, living at Pierre.
AS master in the case, Judge Gates
reported the value of the company's
property devoted to the passenger
traffic, the reyenue from the paSsen-
ger traffic, and the expenses of that
traffic. After determining in that way
the net income to the railroad from
that source, he reported. the returns
which the company would receive up
on it's investment in the passenger
business at the different rates Of 8
cents, 2R cents and 2 cents per mile.
All the findings We're based upon the
I~.~ ,-.~ ~ tlr x-1n ne m II =, a
June 80, 1908.
On September 20, 1907, h board OF
railroad commissioners of South Da-
kota promulgated an order declaring
that the maximum passenger rate over
certain lines in the state should be
2h cents per mile between points
within the state. The order went into
force on october Is of the same year.
However. the different railroads oper-
ating within the state filed, on Octo-
Der 3, 1907, separate bills in equity
against the board asking for injunc-
lions against the putting into effect OF
the order and temporary injunctions
were issued prohibiting the board from
putting the order int effect. Ar
~rangements were made in other similar
railroad causes to suspend further pro-
ceedings until the determination Of the
Chicago, Milwaukee and st. Paul case
before the special master appointed
October s, 1908. On February 2, 1909,
the legislature of South Dakota enact
ed an act which fixed the maximum
rate for passengers on railroads within
the state at 2 cents per mile. The
act was applicable to the Chicago and
Northwestern Railway company. On
February 5, 1909, a bill in equity was
filed against the Chicago and North
western, the several members of the
board of railroad commissioners and
states attorneys, seeking to prevent.
the enforcement, because confiscatory,
and as denying equal protection of the
law.
J.. Howard Gates of Sioux Falls, o
a judge of the state supreme court,
was appointed special master in chan
| Gerry in the causes on August 16, 1909,
with power to take the testimony and
report to the court. The taking of tes-
timony began December 20, 1909, and
was concluded July 20, 1910. The
master filed his report On September
%, 1911. Nothing more was one with
ILe case uulli dllel Lie ueSioloH L Liz
Minnesota rate cases on June 10, 1913.
Disease in Sheep Herds.
PieTre.-State Veterinarian Barber
has just returned from a trip owe the
country west of the Missouri where
he discovered several sheep herds af-
fected with a lip and mouth disease
technically known as micro bacciiosis,
a disease which readily yields to prop
err treatment. He ~quarantined about
5000 head in herds in the vicinity of
Midland, Nowlin, Powell and Old Trail,
and says the owners are all busy Civ
Ing the herds proper treatment to wipe
out the trouble.