The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-12-29
UTILITY LAW
INVALID, is !
HUGHES CLAIM
Says Legislature Violated
Constitution in Enacting
Utility Law
WANT AN INJUNCTION
Rate Hearing Is Halted and
Case Will be Argued Here
On January 5
WANT AN INJUNCTION

On January 5
Hearing on the petitions involy-
ing rates of the Hughes electric COM
pany in Bismarck, set for today by
the state railroad commission, was
prohibited by an order issued by
District Judge Nuessle after .he
company had. filed an action in dis
trict court attacking the consti.u-
tionality of the laws giving the rail-
road commission authority over util-
tiles.
The hearing was set for 10 a. M.
today. F. O. Hellstrom. attorney for
petitioners, and C. L. Young, special
counsel for the city, appeared at
the commission offices at that hour
and were notified by the commits
sion that the injunctional order had
been issued last night.
An order to the railroad commits
sion to show cause why the injunc-
tion should not issue is returnable
Jan. 5, when, it is presumed, Judge
Fred Jasonius/will hear the matter.
Commissioners expressed surprise
when they learned the local company
was attacking the validity Of the law
since the company, they said, had
accepted the law, had received two
substantial increases in rates from
the railroad commission during the
war period, and since one decrease
in rates. The company a year ago
also entered stipulation before
the commission agreeing to valua-
tion Of the property for rate-mak-
ing.
Ormsby McHarg, utility owner Of
jamestown, conferred with officials
of the Hughes company today.
Sets Out Acts
The petition was accompanied by
an affidavit by E. A. Hughes.
The complaint states that the
Hughes Electric company is orga-
nized under the laws of the state OF
Minnesota and is authorized to do
business in North Dakota as for
eign corporation.
The petition sets out the various
steps in the legislature in creating
the RAILROAD commission and sub
sequently in giving that body con-
troll over the public utilities of the
! state.
The petition then states: "Your
petitioner further represents and
states that the said chapter 208 Of
the Laws of 1915, and the said
chapter 1872 of the Laws of 1919, by
the terms and provisions thereof
and the purported powers thereof,
the said defendants and respondents
assume to proceed as hereinbefore
mentioned, are void, unconstitution-
al and illegal and that in attempting
to so proceed under said alleged laws
the said board Of railroad commits
sioners and the said above named
defendants and respondents, as men,
bers of said board Of railroad COM
missioners, and all persons, officers
and boards attempting to act there.
by and Hereunder, are acting with
out and in excess of their and in
! excess of their jurisdiction and con-
trary to the rights of the citizens
Of the state of North Dakota for the
following reasons ...."
J Reasons Given
! The reasons in brief are:
l. That the legislative act violates
the constitutional provision of North
Dakota which reads: Gail men are
by nature equally free and indepen-
dent an have certain inalienable
I rights among which are those of en-
joying and defending life and lib
erty; acquiring, possession and pro-
tecting property and reputation, and
pursuing and obtaining safety and
; happiness"
2. That it violates section "a Of
the state constitution which pro-
vides: ITO guard against transgres-
sions Of the high powers which we
have delegated, we declare that ev-
erything in this article is excepted
out of the general powers of govern
ment and shall remain forever in
violate"
g.. That it violates section %,
which provides that: every citizen
of this state shall be free to obtain
employment wherever possible, and
| any person. corporation, or agent
thereof, maliciously interfering or
hindering in any way any citizen
from obtaining or enjoying employ
| ment already obtained, from any
other corporation or person, shall
be deemed guilty Of misdemeanor:
4. That said legislative act is void
in that the constitution confers no
power on the railroad board except
as to railroads, and does not include
public utilities.
s. That the legislative acts are
violate section 25 which provides
powers delegated to the legislature.
6. That acts are void in that they
attempt to confer legislative author
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