Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-09-11

Up to that time the rates charged in
higher. than in the other states.
The railroads then being under the
direct control Of the federal govern
ment, the new Law was temporarily
and necessarily it remain
ed imperative until the complete re-
linquishment Of federal control, which
was on September 1, of this year. In
the absence of any new elements in
the situation, the law would have gone
into operation automatically on the
first of the present month. "A
In the meantime the roads had ask
ed and been granted increases on in
terstafe rates by the interstate COM
merce commission, and, as substantial
ly the same considerations. applied in |
local traffic, steps were taken by the
roads, through application to the sew
eral state authorities, to bring state
rates into accord with federal rates.
Such an application was made to the
North Dakota commission.
1t was taken for granted everywhere
that state rates must be advanced in
accordance with the advance in feder-
al rates. The only serious question in
North Dakota was as to whether the
advances should be based on the rates
which were then in effect, and which
were obviously discriminatory against
this state, or should be based or the
rates provided in the states new. max
imum rate law; The decision meant q
great deal to the people of North Da-
kota. 70
+ A nearing IN the subject was held
by the state commission, and subse-
quently there vas issued an order
signed by the chairman of the COM
mission advancing rates very mate
rally. and .basing the advance on the
old discriminatory schedule.
Then, after some little time, Will
liam Lemke, claiming to represent the
state by virtue of appointment by
Governor Frazier applied to the u
preme court for an order restraining
the roads from putting into effect the
new rates authorized by the commits
SONS order. Mr.. Lemke alleged in
his complaint that the order was sign.
ed by but one member Of the COM
mission. A temporary court order
was issued, and it was on the move
to make this permanent that the hear
ing before court was begun yester-
iIday.
When the subject Of new rates was
being generally discussed various ship
pers' associations and others petition
ed that whatever changes were allow
ed should be based on the maximum
rate Law and not on the rates then ex-
listing, the discriminatory nature of
the existing rates being pointed out
by practically all petitioners. Indi-
v'dual shippers and representatives of
shipping and other associations g ap-
peared before the commission. and
stated their case, but the discrimina-
tory rates were s as a base. Mr..
Lemke did not appear at these hear
lngs, although public notice of them
was given in the usual way. At yes
terday's hearing affidavits were pre-
scented declaring that the secretary of
the state Industrial commission and
manager of the State Mill and Eleva-
tor association had been notified, but
neither of these officials of the board
appeared. Other affidavits declared
that instead Of being the work OF one
member. the order was authorized sby
the commission sitting as a body. the
chairman having been directed to
cause the necessary schedule to be
prepared and the order to issue.
1nasmuch IS the railroad commits.
sion Is composed entirely of League
members, there is some curiosity a.
to- why that body was permitted t.
take an action to which one of thu
governing officials of the League nov
80 s~trenuously objects. Also, wher
there was to be a hearing on l. subjec,
OF such importance as the fixing o,
new rates, and the secretary Of tn,
) industrial commission was notified a
it, why did he not attend ~ Furthe q
when MI. Mccovern, manager Of TIL,
most important Industrial plant tina,
the state has, was notified, why die
he not appear on behalf Of the stat,
and its thousands Of shippers?
The whole case has the appearance,
OF the creation by certain Of tn,
League leaders Of a man OF straw ii
order that they might valiantly knoc,
him down.
Clearly. II annea +he+ +h.~...