The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-09-22
OLD RATES ARE
CHARGED TODAY
BY RAILROADS
Obey Supreme Court Injunction
Hating Increase in Intra-
@ state Fares
NEW INCREASES SEPT. 26
Acting Under New Order of
Railroad Commission New
Rates will be Effective
"Off agin. on agin"

"Off agin, on agin."
Increases in intrastate freight and
passenger rates, which went on when
the railroad commission authorized
them Sept. l, went off today. They
will go on again Sept. 26, according
to local railroad officials. ...
The hide and seek game resulted
from the attack on the first order OF
the railroad commission, increasing
the rates, effective Sept. 26, by William
Lemke and the injunction granted by
the supreme court against continuance
Of the rates. o F.
Railroads did not obey the injunc-
ton, and late yesterday the supreme
court ordered notice formally served
on the parties. So local railroad Of
ficials received word to charge the old
rates today. - ..,..
But the railroad commission yes
terday afternoon also authorized the
increase in new order designed to
meet the objections raised in the su-
preme court, and railroad officials
were informed this order goes into
effect Sept 26, raising the rates again.
Expect new Atlick
Lemke is expected to make a new
court attack on the rates.
The action of the railroad commits
sion followed a two-day session. Com
missioners Aandahl and Dupuis voted
for the increase, Milhollan dissenting.
When the railroad commission issued
it's first order it did not hold formal
meeting, have a formal motion made,
have the action signed by members
and included in the minutes, the su--
preme court found. This Is required
by law. 1t has not been customary to
carry out all these details, it is said.
The supreme court injunction was
granted only on these points, although
in his petition Lemke attacked the
sufficiency of the rates and alleged to
give proper notice of the hearing Aug.
IL. The commission yesterday after
noon carried out these provisions.
Thinks Order Effective
. w. A. Anderson, secretary of the In
dustrial Commission, appeared before
the supreme court late yesterday and
ask that the court formally promul-
gate the injunction because the rail
roads had not observed it. A member
of the court explained that the action
was taken without knowledge of the
new order Of the commission. And
erson declared that is the first time
in ten years that the supreme court
has had to formally promulgate an
Injunction order because Of failure to
obey it. -
The railroad commission, in addi-
ton to authorizing increases anew
Yesterday afternoon, set Oct. IL as the
time for hearing any appeals from
the order. This, according to com
mission members, is a step toward re-
moving disparities between lntrastate
rates of North Dakota and Minnesota.
Given Legal Advice
At the request of the Commission,
Albert E. Sheets, Jr., assistant attor-
ney general, appeared on behalf OF the
Attorney Generals office, and ADVISED
the commission that any appeal taken
from the order must be upon the rec
ord already settled, and if they had
anv reason to believe that additional
evidence could be secured, which
would in any way influence ther
minds, that the order granting the in
crease, be not issued. On inquiry ne
found that there had been no COM
plants, except one or two OF miner
nature and not single shipper mad
objected to the increase. After dellb-
Grafton, the board decided to reissue
their, former order. Commissioner
Milhollan dissented.
After the order had been formally
issued, on behalf of the Attorney Cen
eral, William LANCER, Mr.. Sheets re-
quested the Board of Railroad Com
missioners to set definite date at
which any one who wished to complain
of this increase in rates could be
heard. The Attorney General took the
position that an appeal from the order
of the Board would confine the hearing
to the record already established, but
that upon future date of hearing
everybody who had complaint could
present it to the Commission, and
new evidence could be offered.
In compliance with the request OF
the Attorney General, October 10, was
set as the date of hearing.