The labor world. [volume] (Duluth, Minn.) 1896-current, 1921-05-14
A SEVEN-CENT FARE?

lis president, has petitioned the state
railroad AM, warehouse commission to
authorize an emergency increase in car
fare. 1t is asked that the rate be
raised from five to seven cents, III
which event the company will sell fous
tickets for q quarter.
The city is planning to contest the
petition. The city attorney announces
that the first step will be to ascertain
he present valuation Of the Duluth
system. which will be done largely by
"hcrkn. back Oh recent valuations
made for the company.
The people If Duluth voted twice
against Il raise III car fare. Ordinarily
he voice Of tho people is supreme, but
in this instance the state legislature,
d representative body, has vested au-
tholity in the state railroad and ware
house commission to override, If it
chooses, the will of the pleople twice
expressed at the polls.
1t is probable that the company has
made application for the right to charge
sevcn-rent fare. when it will be sat-
Siied with six cents, as it seemed to
be when the propositions for an in
"rea5e were submitted to the voters Of
Duluth. In any event, it is expected
that the state commission will grant
some sort Of increase. All the cards
we're stacked against the city at st.
Paul before and since the last genera,
state election.
The city missed its opportunity when
It authorized the city clerk to accept
he application of the Duluth Street
Railway company for an indetevminate
permit. Had the city clerk refused it
would then be up to the company to
bring mandamus proceedings against
him to show couse why the appliea.
ton was refused.
The case could be drawn through the
courts, just as the company has FROM
time to time tired the people out with
litigation on other matters pertaining
to the service in the past. Issues were
involved at the time that should have
been carried to the United States su-
premo court.
In the first place the city might
safely contend that the law passed by
the state legislature involved an "im.
pairment Of the obligation OF con.
tract,' and is in violation Of the fed
eral constitution. The act amends tina
present franchise Of the company. \
franchise is q contract. 1t is con.
tract between the company and tho
city The city has not consented to
an amendment of that contract, and
its rights have been impaired. it would
seem to the ordinary lay mind
Surprising the situation were reversed
and the city had agreed to the act
passed by the legislature, but the COM
pany refused to DO 50. what then would
be the result: It's officers would rush
into court, stand upon the company Is
contract rights, and the law would be
declared invalid by every court to
which the ease would be carried. The
clty's rights and the company 81
far as the contract is concerned should
he equal before the law, and they
would be if the citv's contention was
properly presented to any fair court
in the land.
Then there is involved another point
probably not 50 clear, but worth test.
ing out, and that is whether or moi
the state legislature has the right te
abrogate the will of the people as ex
pressed at the polls at a referendum
election. Has the legislature the powe,
TO override the peoples vstoa Surely
forward-looking judges understand thu
purpose of the referendum sufficiently
to draw line between acts Of cit,
councils and the expressed verdiets Of
the people as rendered at regulsrl,
called elections. The legislature maj
have power to override tho lesislativ,
acts Of common councils, but has /
the power to nullify the votes Of tn,
peoples
The newnsss of the referendum il
our government. system raises som
mooted questions and the public wal
fare demands that they DO cleared VI
by the courts while the principle o
the initiative and referendum il stil
in its infancy. 1t is to be hoped tina
every right of the city and tho peopl
in the street railway case will be con
tested to the end, even to the hiehes
court in the land. The principle IL
volved is Of more Importance than
mere increase in Gar fares. s. I'LL. XII"
Il u sI ID. = !; q. .5s