The Bismarck Tribune Newspaper, March 29, 1919, Page 6

ROBINSON SEES BOLSHEVISM IN U. S. CONTROL (Continued: from Page One) no attachment by mesne process or by execution should be levied on the carriers; that no suit may be brought against them, except as permitted by the general or 1 order of the Director. By this order the President innocently at- tempted to repeal or suspend a vast system of Federal and state laws and stitutions and to make his famous son-in-law the greatest dictator on earth. But, in March, 1918, Congress passed the Federal Control Act, which expressly repealed the legislative part of the diat. The act provides thu That actions at law and suits in equ may be brought by and against stich carriers and judgments rendered in actions at law or suits in equity against the carriers. And that no defense shall be made thereto upon the ground that the carrier is an instrumentality or agency of the Government. Under that act it is manifest that wrongdoers who control a common carrier and ex- act excessive rates and fares in defi- ance of the laws of the state camhot defend themselves on -the ground that in so\doing they are an agency of the Government. Section 10 of the act provides the may initiate rates, fares and charges by filing the same with the Interstate Commerce Commission and ‘that said rates, fares an‘l charges must be just and reasonable.” | Alsu, that on com- Pplaint the justiiess and reasonableness of such rates may be determined by the Interstate Commerce Commission in ac- cordance with the Act to Regulate Commerce, as, fimended. But as the act of commerce gave the Commission no power to regulate rates between any two points or pdaces of a state, it must be that the Fereral Control Act refe only to interstate rates. Congr did not.contemplate that the President or his Director General should attempt to initiate intrastate rates, contrary to the laws of any state. Certain is was not within the power or the purpose of Congress to give the President and his fumous son-in-law the right to re- peal and undo the rate laws of any state. That is shown to a demon- stration by, section 15 of the act: “Section 15, Nothing in- this act shall be construed to repeal, impair or uffect the existing laws or powers of the states in relation to taxation or the lawful police regulation of the s¢ eral states, except wherein such laws, powers—or regulations may affect the transportation of troops, war materials Government supplies or the issue of stocks and be Red Now in r ing Section 15, some question may arise as to what is meant by the lawful police power of the sev- eral states. Does it include the rate muking power; does it include a power to prevent the people from being rob- red by the excessive rates and exact- ions of carriers or by those in con- trol 6f them? Clearly the purpose of police laws and polite powers is to pre- vent filching, robberies and holdups, to protect life, libertv and proper’ So far as a man is dispossessed of his property, his means of living are \m- paired.- “You do take my Hife when you do take the means whereby I live.” The carrier is employed by the force of necessity. | When the employer is \forced to pay excessive rates, then, to e extent of the excess, he is filched, robbed and held up. “Such is the scope of police power- that it extends to the protection of the lives, health, comfort and quiet of all persons and the protection of all property within the state” (8 Cye. 864). Under the police power the legislature may enact just laws ‘that common carriers shall not charge more. than certain maximum rates. In every state such laws have been passed and have been uniformly sustained by the highest courts, (8 Cyc. 874). Hence it is that nothing in the Federal act must be so construed as to amend, repeal, impair or affect the lawful police reg- ulations of the several states. As the Federal Control bill was first submitted to Congress it was strictly an administration measure, conforming to the proclamation of the President, but in each House, and in conference,\ it was carefully considered and fin- ally passed with salutary amendments, and among them the last and most important was Section 15. While the act empowered the President to ini- tiate interstate commerce rates, sub- ject ‘to review by the Commission, i expressly provided that the rates should be just and reasonable. It did not contemplate the addition of a bil- lion dollars a year to the burden of the wealth producers by a general and uni- form advance of fifty percent on, all rates and fares. And this Court may take official notice of that fact such advance was not just or recent and prior ruling of the Inter- state Commerce Commission refusing to permit an advance of fifteen per- cent. It was-in the Spring of 1918, when the food supplies were reduced and when the people were contributing their utmost to the war fund, that Gon- gregs gave the carriers half a billion dollars, and then, by advance rates, the Director General give them one billion dollars. Without any such ad- vance James Hill ran his railroads and in the course of a few years he saved up for himself and heirs over one hundred million of dollars, be- sides good sums for many others. Under the former rates.dn a few de- cades the rail carriers succeeded in filching from the people ten percent or one-tenth of the total wealth of the .nation. discussion., It is a well known fact that the refi carriers Rave alwa harged excessive rates and that they re fast amassing the wealth of the éountry. _ By skill, prudence and econ- pmy the Director General might well Mee reduced the cost of operating the failroads, and indeed, when the Fed- ral Control bill was before Congress, e was called as a witness and gave ‘There {fs no tedson for extentine thet in, it must Jead to anarchy, Bolshevism and endangér the safety of the Re- public, Mandamus awarded. March 25th, 1919. is Whim Opinion of. Chief Justice 2 Christianson Denied Place in Pamphlet for People ‘(Continued from Page Four.) “implies a degree of deliberation and a carefullness of expression proportion- ed to the importance of ¢ tion, and the words-sre p) sible dis tion. (Peo. vs. N.Y. Cent. R., Y, 485-487). “It is not to be supposed that any words (in a constitutional provision) have been employed without occasion, or without intent that they should have efect as part of the law.” (Cooleys Const. Lim, 97). “Former Decisions. But the majority members say that the question involved here has been settled by the former decisions of this court, and that we ought to adhere to such decisions. The cases relied upon are:- State vs. Barnes, 3 N, D. 319; State vs. Langlie, 5 N. D. 594, and State vs. Blaisdell, 18 N. D. 31. Let us examine these decisions, and sce what basis there is for the contention that they are controlling upon the meaning of the phrase involved in this controversy. How can it be reasonably asserted that these three decisions are determlin- ative of the question involved in this case? The provisior involved in State vs. Barnes and State Janglie were so entirely difftrent from th provision involved here, that the distinguish themselv ie, Some of vs Langlie is against rathe tuvor of the conclusion : majority members in the ant ros In that certain language was used in the first part of the section relating to the number of electors who must sign a petition for an election to relocate a “county seat. In the latter part. of the section other language was used as to the number of vites required at the election. In construing the mean- ing of the latter language the court called atention t6 the Jang ron tained in the first part of_the section, and the failure to use this same Jan- uage in the latter part thereof. The court said: “It (the statute) carefully excludes the idea that two-thitds of the . Unxest Will Women Shops? Holidays: to Politics Armenia and No matter how bu: you can not afford have been used with the gratst pos-} imin x. MYSTERY WITNESS FOR BETTY INCH MAY HAYES This girl expected to free Betty Inch of ‘the charge of extortion down in New York. She couldn’t be found for the first trial, but the jury disu- greed and Eugene Hermann’s lawyer Dlamed the disagreement to the .dis- play of silk-clad ankle by Betty. A jcounty, although yheld in connection than: that: invel cases, the langtage is neverthele: | ferent. in the other two dif- In. fact the basis reasoning in State ys;-Blaisdell, is predicted upon the diffetenge: ‘between’ the. language containéd in section. 168 of theconstitn- tion, and thit.céntained in the second subdivision. of section 202. It will be noted thatthe conclusion in State vs. Blaisdell, is predicated upon the pi mise thatéthe,election to cyeate a new with @ general election, is nevertheless, troversy eliminated the:yery ambiguity referred to in State ys Blaisdell. ‘They Jeft ho room for doubt as to Which election ,they had {fh mind. They specificately provided that-a constitu- SATURDAY, MARCH: tional amenduient proposed” by initia} tive petition must “receive a majority of all the legal votes cast at such gen- : eral election. They carefully repeat- ed the-term “all the legal votes~cast at such general election’), every time they had océasion to refer to the num- ber of votes required to ratify, such’ proposed amendment. 1 fail td find any reason for the application of the doctrine of stare decisis. Clearly the phrase involved in this case is diferent from that construed in the former deci- sion. —- In my opinion there is no room for loubt as to what was meant by the Phrase, “a majority of all the votes ¢ _at such general election”, contain- fot thig reason it he présunred that| ed in the second subdivision of section th er to the sparate election. *| 202 of the Constitytion. © It meant This reasoitig is manifestly not ap-| exactly what the people_of this state plicable to the case at bar. Here| uniformly uiiderstood it’to mean prior. there is no ‘atabiguit, “The frathers| to the election held in November, 1918.. of the provision din tl Tt still means t a “separate. election”. Hence, ‘the ¢ourt said that when section 168 speaks of the “votés’cust at such election, it ts dmbiguous. That is, ‘thagiwords “such election”, are capable being under- stood in more senses than one,—tley may refer to-either the general elec tion, or the “separate election” upon y division held in neral election, and, We beg to”’announce that we have listed a large number of building lots in desirable loca- |- tions for HOMES. \ ce ¢ We are’going to specialize on City Property and.have some real bargains-which will pay you to investigate.' ' Rents are going up: There’s only one answer: J. B. Halloran & Co. MARCK your HOME TOWN. ' { fence hides the ankles from view in the second trial. RRR eer electors must vote for a place to make it the county seat.- When Speaking of the number of signatures. to the peti- tion required, it in terms declares that such petition shall be signed by two- thirds of the qualified voters of the But when it specifies the vote to relocate thé county seat it studiously avoids the use of this explicit language which in very appropriate to express the idea ppellant’s counsel contenrs is to in the statute.” ‘This reasor rectly applicable to the Intant The first subdivision of section in terms declared that a constitu- tional amendment proposed thereunder, be approved “by a majority of the electors vot thereon”. But with expl age béfore them, the framers and of the second subdivision ly uvoided” its use,guid in place thereof expres vided that ameydme: jori i general ele While tate vs, Blaisdell involved a constitutional p and the guage there construed is more similar to _that_involved_in_the instant case “The Greatest Little. | Revolution Since 1776” | Less than four years ago, when the sense of economic. grievance “that ‘rankled..in the -hearts:.of North Dakota’s farmers had been fanned to a flame by’ the refusal ‘of’ the’ legislature to-establish: a;\;/ State-owned terminal grain-elevator, a man named Arthur C. Townley jumped into.a small hired auto- mobile and began by.a farm-to-farm canvass the or ganization of the Non-Partisan League.-. For months - the old line politicians regarded this: “‘flivver campaign’? as-a. joke, but today they see Mr. Townley’s wide hy league of farmers grown to a membership of more than 200,000 with a political, organization in_thirteen ‘ states, representation in the U. S. Congress, and completely..in controk of, North’ Dakota’s government. °°" >” The St. Paul Dispatch terms the league “the niost revolutionary political machine that ever gained’ complete autocratic control of legislative affairs in any state in the Unioh,” while the Minneapolis Trib- 3 une speaks of it as “Townleyism, the political prairie fite that.is now.raging in North Dakota and spread- ing to surrounding states,” but as the New York World reminds us “North Dakota and her people will j cg pay the bill and the rest of the country will profit by the demonstration.” , In the course of an illustrated article, comprizing more than three pages in this week’s LITERARY DIGEST, every. phase cf this movement is explained, together with public opinion upon it from all angles. Other news articles of great interest in “The Digest” for March 29th are:* Hunger’s Grip On Germany and Russia European Observers See Starving Millions in Germany, Austria, and Russia, While Statesmen Debate , in Paris About Peace—the Only Condition: Thxt Will Relieve exe Sitaation pati To Open the Door for Prosperity Causes and Cure of. British Labor Blowing Money Up the Chimney Stay in the Machine Relieve “Intellectual Indigestion” ‘ Sabotaging Rodin’s Works The Church Rebuking Peace-League Rural Moral Perfection a Myth Her Claims The Plans of Republican Leaders , : Many ‘Fine Illustrations and Mirthful Cartoons aA mee ) How to Keep Abreast of the Times sy you may be, no matter how little time you have to spare from the rush of af- fairs that presses on you afresh every day, there is one duty you owe to yourself, there is one thing to neglect. That is tc read THE LITERARY DIGEST faithfully every. week. 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