Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-12-23
AN DECISION.

I'll 49, -A-.H. - -- '-er. aL + L
The dectsfon just rendered by the
three Judges Of this district in relation
to the collection Of surcharges by pub
lie service companies in this ana 9TH
o. cities 10 important to the compa-
nies affected, ~ It will deprive them
Of funds aggregating considerable
amounts. and to the consumers Of
light, heat and power, because 1t Will
relieve those consumers of the pay
mont of extra charges which increase
very appreciably the bills Of even p
single consumer.
It must be remembered, however,
that the authority Of the railway
commission to permit the collection Of
these extra charges. was not in ques-
ton in this cas- Tho railway COM
mission had unquestioned authority
to prescribe rates for light, heat and
power. It may permit advances OF
order reductions from time to time as
in Its judgment the facts warrant.
Both company n consumer have the
right to appeal to the courts il they.
consider the rates fixed by. the COM
mission unreasonable or c~onfiscatory.
The reasonableness Of the rates was
not involved in this particular case.
The question at issue was whether or
not the order emanating from the
commissioners had beer legally issued.
The court holds that the procedure
waS irregular, and that the order is
therefore void. The companies affect
ed have the usual right Of appeal to
the supreme court Should they &C
cept the present decision as final, they
may apply again to the railway COM
mission for the relief to which they
hold themselves entitled. and it will
then be the duty Of the commission
to grant or deny the petition, as their
judgment indicates is proper. But, II
the present decision is not disturbed
by the higher court, the procedure
must be entirely. different from that
of September 2 to have any binding
force. ... p
The court states very clearly its
conviction that the official acts of Il
public body must be performed, not
by the individual members of that
board acting separately. but by the
body itself, acting as one, at a prop
erly held meeting where there is full
opportunity for conferences and dis
cussion, and where a complete record
is kept Of each step taken and each
vote cast. .
The text Of the decision itself, and
the cited in support OF the find
ings. indicate hat the ruling applies
to all administrative bodies exercising
public functions. state, county, town
ship, city and school. The fact that
a majority of the members of a board
are Of n mind on any subject within
the boards jurisdiction will not vail
a te1any action taken except at a for
NAL meeting.
One effect of the decision will be
to cause many public bodies to pay
greater attention to formalities which
have been neglected as a matter of
convenience. And it may act as a
check on the practice in some Of our
state boards where minority members
AVE been ignored, sometimes not be-
ing notified when or where meetings
were to be held. 1t has been stated
that certain members Of the State
Board Of Administration have some
times undertaken to act without even
notifying one member of the contem-
plated action, or that a meeting was
to be held. Similar action, it has
been reported, has been taken by two
members constituting the majority of
the membership of the industrial COM
mission. The rule now is that every
member who car be found must be
given opportunity to attend each
meeting. and that a complete record
must be kept.