The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-09-04
RATE INCREASE
IS ENJ0INED IN
COURTS RULING
Hearing Will Be Held on Sept.
10 by the Supreme
Court
POLITICAL FIGHT SEEN
Effort Made to Destroy Dupuis
Politically Held Basis for
the Action
'OLITICAL FIGHT SEEN

Heads of the NonDartsan league to-
day apparently embarked on big ef-
fort to ruin politically c. F. Dupuis,
acting chairman of the state railroad
commission.
William Lemke, acting as special
assistant Attorney-General, under ap-
pointment Of Governor Frazier, filed a
petition in the supreme court asking
that the railroads be enjoined from
charging the increased freight and
passenger rates authorized by the rail
road commission, to be effective
Sept. t.
The supreme court restained the in
creased until the hearing on the peti-
tion Sept. 10, except that the railroads
may charge them and keep the re-
ceipts in a separate fund. The action
of the court in granting the restrain
ing order was more or less of a form
atty; the real test will come on the
hearing on Sept. 10, at 10 a. m.
Declines to Comment
Mr.. Dupuis declined to comment on
the action of the Lemke, when inform
ed Of it. The leaders Of the Lacquer
refused to endorse Dupuis as a can
didate for railroad commission this
fall.
The railroads named in the court
order are: Chicago and Northwest
ern; Chicago, Milwaukee and st.
Paul; Great Northern Midland Con-
tinental; 500 Line; Northern Pacific !;
Sam Aandahl, C. F. Dupuis, Frank
Milhollan, as the board of railroad
commissioners of the state of North
Dakota.
Lemke represents in his petition
that he has been "the duly appointed,
qualified and acting special Assistant
Attorney General" by appointment of
Governor Frazier since July 2, 1920.
Lemke declares the state railroad
commission had no authority to in
crease the rates because they are fixed
by law and that "this attempt to do
SO is null and void"
Continuing he says: '"The purport-
Of railroad commissioners but the pre-
tended order of one member thereof,
the same having never been presented
and adopted at a legal meeting of a
majority of the board of railroad com
missioners and in fact two of the
commissioners being opposed to the
said order and to the increased rates
and have never given their consent or
approval.
THAT in fact there never has been
a public hearing in regard to intra-
state freight and passenger rate at
which the public and shippers were
given a fair opportunity to protect
their interests to be heard.
Comparison Of Rates
"That the intrastate freight and
passenger rates in North Dakota are
those in Minnesota.
"That the interstate freight and
passenger rates on the average are
28 per cent lower in South Dakota
than in North Dakota"
Lemke charges that the rates put
into effect are for the purpose Of
"giving an advantage to the big mill
ing and packing combine, and other
industries in Minneapolis, st. Paul and
other large cities outside of the state
and will destroy similar industries
now existing in this state because of
this unlawful and unjust discrimina-
tion in freight rates."
With Lemke's petition is filed an
affidavit of Frank Milhollan, member
Of the commission, in which he as
serts that the notice of the public
hearing did not receive general Dub
licity, held August 16.
Not Satisfied
He says he was not then and is
not now satisfied that the railroads
are entitled to the increase asked for
at the meeting, that no opportunity
was given him to read the transcript
and carefully consider the evidence.
He charges that c. f. Dupuis, acting
railroad commissioner, caused Secre-
tary Calderhead to issue the rate in
crease order.
He asserts that neither he nor Sam
Aandahl signed the order. The affi-
davit of " E. Smart, rate expert and
statistician of the commission, says
that he was not satisfied the railroads
were entitled to the increase that the
seven representa- ttives of Commercial
clubs present were not prepared with
exhibits or testimony at the public
hearing, but simply protested against
the rates, that he advised Dupuis that
he was against the increase, and that
so far as he knows the railroad COM
did not vote on the increase.