The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-07-12
LANCER DEMANDS
that RAILWAYS
OBEY STATE Law.
Rates Made Effective by McAdoo
and Still in Operation 30 Per
Cent Too High
BACKS FREIGHT RATE ACT
Attorney General Insists That
Distance Tariff Measures Of
1919 Be Enforced

distance Taf1u measures OF
1919 Be Enforced
Attorney General LANCER and Assis-
tant Attorney General Albert E.
Sheets, Jr., today applied to the North
Dakota supreme court for an injunc-
ton restraining the Great Northern
railway and Walker D. Hines, as direc-
tor general Of railroads, from enforc-
Ing and collecting the freight rates
now in effect in this state, which the
attorney general declares to be fifty
percent higher than those provided for
In House Bill 4S. the distance tariff
measure passed by the Sixteenth as
sembly, and which became effective
July !.
The attorney generals petition sets
forth the fact that the freight rates act
provides maximum tariffs which can
not be increased unles first a hearing
shall be had before the state board Of
railway commissioners that no peti-
tion has ever been presented to this
Board or hearing had as to the confis-
catory or. unreasonable nature Of said
rates, and that no exception has ever
been made or permission granted to
the defendant railroad company for the
purpose of charging higher rate than
that permitted by the freight rates act,
and that it was the duty Of said rail
road company to establish, publish and
put into eject rates not exceeding the
maximum charge authorized by the
said act for the transportation by it
between stations upon its line of road
Of the commodities therein named.
so PERCENT TOO HIGH
The attorney generals petition states
that the freight rates fixed by order
Of Director General McAdoo on June
Is. 1918, which are still in force, are
SO percent higher on all commodities
than is permitted by the maximum
freight rate on such commodities al
lowed by the freight rates act, and that
said rates, 90 in effect and operation
since the first day Of July, 1918, have
not been authorized after petition and
hearing by the board of railroad COM
missioners as provided for In the
freight rates act.
Messrs. LANCER and Sheets further
attack the order Of May %, 1918, which
became effective June 70, 1918, as "un-
authorized and contrary to the acts OF
congress Of August 20, 1915, and March
21, 1918, and the proclamation OF the
resident of the United States OF De-
ctmber 26, 1917; that none of said
rates prescribed in said order affected
the government transportation OF
trops. war materials or government
supplies. nor did they affect the issue
of stocks and bonds by defendant rail
road company, and in no way affected
the government Of the United States IN
he prosecution of the present war;"
ACTION UNAUTHORIZED =.
The state contends that the act OF
congress giving authority to the presi-
dent of the United States to take pos
session and assume control and opera
tion of the railroad systems OF the
United States does not authorize the
defendants or any federal authority
whatsoever either to initiate or put
into eject rates or charges or any
other kind Of rates or charges for SER
vice bv said railroad company in the
state Of North Dakota other than those
authorized by the freight rates act OF
this state The attorney general insists
that each and all of said charges now
in operation and being maintained IN
North Dakota by order Of William u.
McAdoo are unreasonable and eXces-
Give and do not serve any useful pur'
pose.
that the Great Northern railway and
Walked D. Hines, as director general
of railways, be enjoined and restrained
from continuing in effect said schedule
of rates in its intrastate business III
North Dakota and from the collectlon
Or any attempt to collect any OF tne
rates or charges for intrastate freight
services contained in the order OF VII.
liam G. Meade of May 25, 191S,, and
that an alternative writ issue from the
s,nreme court directing the defendants
IN show cause why such permanent IN
junction should not issue.
WON FORMER SUIT
On exactly similar grounds Attorney
General LANCER some months ago at
tackled in supreme court the rates made
effective by the federal railway ad.
1ninistration. He then alleged that
these rates as regards intrastate busl-
ress were Illegal and void inasmuch as
the the railway administration had not
f;,od tariffs with the state railway
commission and received its approval,
os required by law. The attorney gen
oral was victorious in the North DaKo-
e. C sunreme court, but the railway ad-
,m,nistration appealed to the U. ): su-
rroma court. where the North Dakota
decision was reversed.
KOSITZKY COLLECTS
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