Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-12-22

A FORK
4. Ply 9. 5 I Anaahls
"-J. H. Calderhead. :
Secretary"
Attached to the order and follow
ing the above signature Is dissenting
opinion, signed by Frank Milhollan,
commissioner" who dissented upon
the ground that suffcient notice had
1t to- be adequately represented 1T the
hearing.
The question OF the validity OF the
order Of September 2. 1920.i 10 to be
determined upon the facts disclosed
by thetcomplaint, answer and the at
fldavit of j. H. Calderhead. with the
documents thereto attached.
From the evidence thus submitted
to the court, the following appear to
or about August 3, 1920, the board of
railroad commissioners received from
the defendant, Red River Power COM
pany.. an application for permission to
raise its rates; hat on the 10th day
or August, 1920, a hearing was had
upon said. application. before the
board tofasrailroad commissioners at a
meeting 9 said board, duly held on
said dateis1that Commissioners Dupuis
and Mtlh0llan. were the only commits
siohers present at such meeting, Com
missioner Aandahl being absent; that
witnesses were sworn and testified,
ana the case was taken under ad-
;visement: that the matter of the said
application has never been discussed
or acted upon at any meeting Of said
board other than the meeting held
2, 192Q."tthe order in question was
signedtb Commissioners Dupuis and
Aandahl,,SSwith a dissenting opinion by
Commissioner Milhollan, thereto at
tachefhf. lind filed in the office OF the
said board Of railroad commissioners.
Composition Of Commission.
The board OF railroad commission
ers of this state is a constitutional,
governmental body. consisting Of three
members who are chosen the
qualified electors of the state, and
whose powers are such. and only such,
as are prescribed by law. At an early
scribing the powers and duties Of such
board, but these have, from time to
time, been extended and enlarged, and
are now to q large extent, embodied in
antact of the legislature designated as
Chapter 1872 of the Laws>of 1919; but
It is therein provided that such act
shall, be construed and interpreted
with all other statutes Of the state,
having for their purpose the regula-
ton and control of public utilities.
Section 57s, Compiled Laws of
1918, provides: :
: THE three persons elected COM
misSi0ners OF RAILROADS., pursuant to
the provisions of Section 80 of the
constitution of this state. constitute
and shall&be known and designated as
the board. of railroad commissioners
Of the state of North Dakota. They
shall have power to elect of their
number president of such board, and
to appoint q secretary.%
There is no statute providing for
regular sessions of the board, but
Section 585, Compiled Laws 1913,
provides for the calling of special
sessions by the president of the board,
or by the governor Of the state, when
ever it appears that the public inter-
Section COL, Compiled Laws 1913,
provides:
s"All questions arising in the action
OF. such commissioners shall be de-
cided andaadetermined by a majority
80 -. -. I
Section 47A7, Compiled Laws 1918,
provides that "a majority of the COM
missioners shall constitute a quorum
for the transaction of basiness." and
that Every vote and Official action OF
said board Of commissioners shall be
entered of record"
+ The board of railroad commission
ers of this state is a regularly organ
lied body, having a president vice
president and secretary, the latter not
being a member Of the board. While
the statute does not specify the duties
~*f the4e. officers. it maybe assumed,
in. the absence Of evidence to the, con-
trary, that theysare the isameSas those
that usually appertain to such Of
ficers, and that it is. the duty of the
secretary, to keep a record Of the pro-
cedings had at all meetings of the
board. Under the provisions Of the
statute above cited, all questions aris-
ing in the action of the commission
ers shall be decided by a majority
that such questions can only be de-
cided at. a regular or special meeting
of the board, at which at least q
quorum is present, and by a majority
vote. Ittmay De- true that a vote may
be given in any manne indicating the
voters preference, but such vote car
only be given at o meeting of the
board. The statute further provides
that every vote and official action }o1
said board of commissioners shall be
entered of record.
This necessitates the keeping Of g
record Of the proceedings. Of the
board. in which shall be entered the
votes of the members of the board
and every official action taken. in re.
gardafto the matters under consider.
alton. While it is true. that Sector
81, of Chapter 1872. Laws Of 1919
provides that, After the conclusion
of thes hearing. the commissioner.
shall make and file their order con
tanning their decision. this provision
lin no way obviates the necessity for
vote on the matter under considera
ton at a session of said board, sucl
vote to be entered in the minutes O.
the meeting; nor does it relieve tn,
board. when acting officially. from tn,
necessity Of making it's decision at /.
meeting of the board. and having j
entered upon the minutes of sucf
meeting.
Must Act at Meeting.
In other words. while the statute
grants Ito individual commissioner
the privilege Of performing certail
acts, all official acts prescribed b.
statute to be performed by the boar,
of railroad commissioners must b,
performed at a meeting Of the sal.
board and. be evidenced by the recor,
of the minutes Of such meeting.
1t will be noted that at the hearing
held on August 16, 1920. Commits
sioners Dupuis and Milhollan were tn