The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-09-23
SUPREME COURT
HAS NEW PLEA
FOR RATE BAR
Considering Second Petition for
Injunction Filed by William
.. Lemke
INSUFFICIENT HEARING?
New Grounds Are Taken in Plea
After Railroad Commission
Revises It's Order

The supreme court this afternoon
has under consideration a new plea
for injunction by William Lemke las
special assistant Attorney General, to
prohibit increases -- in interstate
freight and passenger rates being
made effective Sept. rs, under the new
fOrder Of the board of railroad COM
missioners ...
Statements appearing in the Cour-
ier-News and other league newspa-
pers to the effect that the supreme
court enjoined the railroad rate in
crease late yesterday are known to be
false by Lemke's new plea.
1t was a coincidence that the su-
preme court formally published the
injunction it granted last week about
the same time that the board Of rail
road commissioners was issuing a new
order granting the increases and
avoiding the mistakes of record on
which the first injunction was based.
Unless the supreme court grants
the injunction Lemke asks the in
creased rates will be effective Sept.
26. ~
Lemke presented his petition late
yesterday and the court continued dis
cussion of it until a session today.
Lemke's new petition is based, in
part, on grounds which the court did
not consider in the previous injunc-
tion, although part Of Lemke's petl.
ton. This included the charge that
sufficient notice had not been given
shippers at the hearing Aug. II and
that there was no real hearing be-
cause the shippers were not adequate =.
ly represented.
Lemke is willing for the railroads
to have IS percent Increase, but
wants it based on the statutory rate
rather than the existing rate. This
question was one of the chief matters
of debate at the hearing on August II
in the senate chambers, at which
Lemke, though then special assist
ant Attorney-General by virtue of ap-
pointment by the Governor, was not
present Neither was w. A. Ander-
son, secretary of the Industrial Com
mission, who now contends with Mr..
Lemke that there was not real hear
Ing, IuOu6A Nt 1AlluOA SOu "do hoSiAASN
in special letter of the hearing. Nei
ther was ]. A. 'McGovern, of the state
mill and elevator association present,
though notified by special letter.
One of the unusual statements made
in the affidavit of Frank Milhollan,
member of the commission, in an affi-
davit accompanying Lemkes new pc
tition, was that there was not real
hearing and the public was not repre-
sented. Milhollan, though COM
missioner, and though he gave first
public notice of the railroads petitiCA
for an increase, was not present at
the hearing, except for the close. He
had been in Washington, D. G. the
week previous and failed to return in
time. .s
e. Wants Situation Unchanged.
Lemke asked the restraining order
be granted so that the matter would
remain in status quo until October l6,
when, the commission has announced,
it will hear all appeals and protests
against it's order, which is still held
open for the purpose Of removing dis
ordinations in rates or other adjust
ments. % rrEe 3Nejr a.,yt,+ 81, .,..
Though Lemke was not at. the first
hearing, notice of which was pub
lished in his newspaper and others, it
is expected that he will make play
at the hearing, Oct. Is. .g a.. .r