The labor world. [volume] (Duluth, Minn.) 1896-current, 1921-02-05
TO THE FEDERAL COURT.

The Duluth Street Railway company
went into federal court and asked for
a restraining order to tie the hands of
the commissioners TO prevent them from
taking further action in compelling the
company to give better service.
1t is new procedure entirely for
public service corporation doing busl-
ness wholly within the city to ask re-
lief in such cases from the federal court.
Its custom, and that Of the city's, has
been to iron out all differences of such
character in our state courts.
70 those of US who are familiar with
the history Of street railway litigation
in Duluth the plan Of the company in
going into the federal court is as plain
as day. 1t win open up new field in
that court, which may or may not take
cognizance Of the opinions and decisions
handed down by the state courts.
When Mr. Oscar Mitchell, one of the
attorneys for the company who petit
toned Judge Morris for an injunction
against the city Monday last, was city
attorney. he brought just such suit
against tho company as City Attorney
Samuelson was arranging to bring at
this time. Mr.. Mitchell won that case.
He couldn t very consistently ask the
same court to reverse it's decision Of
that time, particularly when all the
charges and all the issues were OK.
actly like those claimed by the city
now.
Indeed, City Attorney Samuelson in
the trial OF the city's case before the
state courts, and in fact before judge
Morris court, could bring no better
indictment against the company than
was brought by the city attorney of
1902, Mr.. Oscar Mitchell, now ATTORNEY
for the Duluth Street Railway com
pany. This is how he put it, taken
from his own brief in the case:
This case is familiar illustration
OF the difficulty of dealing with cor
porations that are given monopolistc
powers, and Of the lack Of conscience
in such corporations in their dealings
with the public.
Th's company, after getting all
that the village could by any posi-
bility give it-and perhaps more than
the village had any right to give it,
in an exclusive franchise for the period
of so years-is now seeking to repudi.
ate at least one-half of the obligation
which it incurred in obtaining that
franchise.
|'The company is not only sosking
to evade this part of its obligations,
but is actually using the lcniency Of
the city during the hard times as au
excuse why it shall not now be re-
auired to perform it's just obligations.
Gin the days Of Esop the serpent
was given as the symbol of ingratitudc
1T occurs to me that the modern EsOp
might substitute for that symbol, the
appellant, in this case.
; Three other cases We're brought by
Mr.. Mitchell as city attorney, all along
the same line, and in each instance the
city won. Is. it any wonder why Mr..
Mitchell as attorney for the company
prefers to try out his weak case in
another court
! Judge Morris Was once city attorney
of Duluth, and also a Judge Of our dis
!trict court, and the chances are he will
think long time before he overrules
sHhe long train of decisions handed down
by our state courts. The outcome of
the injunction proceedings will be fol
flowed with exceeding interest
; INOYV7OfYAT. PZRC AINYNIf1