The Bismarck Tribune Newspaper, April 2, 1919, Page 8

ATTORNEY GENERAL LANGER WINS INITIAL BOUT IN LEGAL BATTLE INVOLVING MORE Supreme Court Upholds Contention That Federal Railway Admin- istration Has No Authori Rates—Will Go at Once to t States—Packard Argues Case. Attorney General William restraining the Northern Pacific higher schedule of intrastate p. made effective in June, 1918, by The de court involving the right of the director general of railways to fix intrastate rates under an ac The North Dakota supreme court holds that this act did not confer on the president nor the secretary of war or the director general of | railways any authority to interfe regulations of any state. The decision is of especial agreed between the solicitor for tion and a group of states whic administration to interfere with state rates that this action be/| made a test case, upon which both the states and the federal} government would rest their claims. appealed by the solicitor for the supreme court of the United Stat The decision is also believed now pending in the supreme court of this state in which Postmas- ter General Burleson’s right to increase tolls for telephone service is assailed. ‘The only question not brought up in the rail case is that of jurisdiction. points are practically the same. The court holds that the act of congress of March 21, 1918, under) which the increase in rates was made effective, confers upon the president extraordinary executive powers rend- ered necessary by the existance of a state of war; that the termination of hostilities under the armistice does not justify judicial interference to re- tsrain the further exercise of the ex- traordinary executive powers rendered necessary by the existence of a state of war, but that Section 10 of the act of congress of March 21, 1918, which gives the, president power to initiate rates, fares, charges, classifications, regulations and_ practices, is con- strued in the light/ of the other pro- visions of the act and of the pre-exist- ing method of regulating commerce| through the agencies of federal and} state governments, and as so con-! THAN A BILLION ty to Interfere With Intrastate he Highest Tribunal in the United ! Langer won the initial bout in aj legal battle involving the American railways’ rights to increased earnings aggregating $1,200,000,000, Tuesday evening, when the North Dakota supreme court handed down an opinion granting the application of the state of North Dakota for a writ of mandamus Railway Co. and Walker D. Hines, | director general of railroads, from charging in North Dakota the assenger fares and freight rates order of the director general. t of congress of March 21, 1918. are with pre-existing lawful police) importance because it had been; the federal railway administra- | h is contesting the right of this! The case will be at once ailway administration to the] es, to have a bearing upon an action raised in this action which was The other eee Grace and Bronson dissent in two sep- arate opinions, “There is but a single question in- volved in this proceeding,” holds Ju: tice Birdzell, “and that is the validity of general order No. 28, as applied to fares and charges for intra- state commerce. The effect of the order, if valid, is admitted. It fulfills the intention therein expressed to in- crease freight rates upon all business, both interstate and intrastate, 25 per cent, and to establish passenger fares on the basis of three cents per mile for both interstate and intrastate car- riage (except that where the intra- State rate of fare may exceed three cents per mile it is not reduced) and changes are also effected in czarges for excess baggage which purpore to be applicable to both interstate and intrastate commerce. “The validity of the order depends upon the construction of Section 10 strued it, does not confer original authority to initiate intrastate rates; which will supersede pre-existing lawful rates prescribed by the leg lature or other competent state auth- ority, | Holding of Court. The court ‘holds that rates initiated by the president or director general, under Section 10, are subject to re- view by the commission, and its power to re or alter is the power previously v ed in it under the act to regulate in-) terstate commerce, as ‘amen | which gives it no authority to regu- late intrastate rates ch. t That under the interstate commerce act as amended, the interstate com- merce commission has authority to modify int ate rates otherwise valid only nen the modification of necessary to the com- e of its jurisdiction over comme’ the absence of a clear ex- pression of intention to repeal exist- ing state regulations affecting intra- state commerce, it will not be pre sumed that congr so intended. That under section 15 of the act of; Powers of the commission should be} Centra! B: (March 21, 1918, which provides that nothing in the act shall be construed to repeal, impair or affect the exist- ing lawful police reguations of the States except where such regulations may affect the transportation of troops, war materials and government supplie: e of stocks and bonds, pre-existing intrastate rates évontinue in effect as lawful regulations. That the term “police regulations,” as used in section 15, is regulations lirectly aff health, lives and morals ting the of the peo- ple, but embraces regulations designed | eco-! to prevent discrimination and nomic oppression. % To U. S. Supreme Court. Under an agreement between the attorney general of North Dako Charles Donnelly of Minneapolis, sistant solicitor general for the fed- eral railway administration, this ac- tion willbe at once appealed to the supreme court of the United States, where the railway administration, the national association of railway com- missions and a number of individual states which have leagued interested with North Dakota, will do everything in their power to advance the case to an early hearing. The North Dakota action has been selected as a test case, and on it both the states and the federal railway administration will rest. It is hoped that it may be argued in the United States supreme court in May. Affects Huge Earnings. The advanced. passenger and freight rates made effective by order of the federal railway admniistration in June, 1918, resulted in increases of 60 per cent and approximately 25 per- cent. ,respectively, in North Dakota, enhancing railway earnings in this state at the rate of ten million per annum. These increased earnings are placed in jeopardy by the North Dakota supreme court’s decision, and they be eliminated entirely if the supreme court of the United States upholds the state court. _ . Assistant Attorney General F. E. Packard inaugurated the action for North Dakota and argued it in su- preme court, ‘while Charies Donnelly, ‘M.A. Hildreth of Fargo, district U. 8. Wudge John Carmody of police | ot limited tol y | general under the rail control d; what you will see in “The Ghost of the act of Match 21, 1918. * * * We do not find in the act in question any evidence that congress intended e Somehow they mixed up coa ful boats that ply about Veni one of concrete and launched it woman presiding at the christeni! And Yankees Take to Water} Like a Duck; 39,000 Trained | for Sailor’s Life in One Year.| We've 752 Vessels Now Plying} Trade Routes of Seven Seas; 353 in Use of Army and Navy.| The American flag rippling from the gaffs of American ships, manned by American seamen, now flies on all the seven seas for the first time in 50 years, | Ports in far distant parts of the world, such as the Dutch East Indies, into whose harbors no American mer- chant ship has sailed since the long- gone days of clipper ships, are once; more traversed by Yankee keels, To Africa, to Asia, to Australia and to South America, to say nothing of all the ports of Europe, the United States Shipping board has opened trade routes, The American merchant marine, built up during the war to help beat the Hun, now represent one-fifth of the sea-going tonnage of the world. At the outbreak of the war in 1914, ships under the American flag carried only 10 percent of the exports and imports of this country. Today the American merchant marine comprises 46 fercent of all shipping plying between. this country and foreign ports! to treat the transportation systems of the country as belonging to the gov-| hit ernment. It rather appears that they} jare to be utilized primarily for war | ican flag. purposes, while at the same time their! ordinary use was to continue as far a3 possible. * * * Neither can we con-! interstate commerce|Strue the military exigency which} ‘hips. 7 freight. pa gave rise to the necessity for the gov-! ernment taking possession of thé} transportation facilities to have term-| inated. * * * We are only concerned here with ascertaining whether or not | congress has vested powers in‘ tie} president which may prope; cised independently of all lations affecting intrastate ral would se to inv droa regu: s. Itt that if it were intended | the president with the t range of authority, language | would have been employed which| would be wholly adequate to mai fest that intent.” Referring to debates on t congress before the act wa +} Justice Birdzell ys in conclusion: Nowhere was it sugg that tae | extended to em original regula- |tions of interstate rates, nor wag it} | ever intimated, so far as our observa: | tion goes, that the pow contended | jfor were being vested in the execu- tive. Being of the opinion that the | rate statutes of this state and the! tariffs on file with the state railroad | commission, in accordance with statu | tary requirements, insofar as they | pertain to intrastate commerc not ‘been lawfully supe: coinpetent order madi e director | particularly by ‘general order No. a writ will issue in accordance with the views expressed in the foregoing opinion.” ‘ Lots of action, lots of pep, is of Rancho” at the Orpheum to- night. CALLOPY IS CLEARED Home Lumber Co. Salesman Didn’t Violate Law J. F. Callopyy, a representative of the Home Lumber Co., an@ the first man arrested in North Dakota under the provisions of the blue sky act pro- hibiting the sale of*speculative secur- ities without a license, was acquitted before Judge Burr, sitting in-the Mc- Henry district court at Towner, whither the case was taken on a change of venue. The court ruled that it was not proven that, as charged, the securities of the Home Lumber Co., which Callopy offered for sale, I j total tonnage of 1.8° | distribute In find that 752 vessels, aggregati 1,961,239 gross tons, are now employ- ed in overseas service under the Amer- Of these ships 70 percent are owned by the government. This fleet includes 351 freighters, S4 freight and passenger els, 3 refrigerator I,AUNCHING_A CONCRETE GONDOLA ae 1 cars with the name of the grace- and, new they’ve gone and built just like any ship, with a pretty ng and flags at the prow. Here’s the picture of the launching at the Strauss plant in Chicago, Mrs. ion is the first handed down by any state or federal | Elizabeth Delling breaking a bottle of champagne over its side. 6 2 The car carries 100,000 pounds claimed, and costs less. FIFTH OF and will outlast a steel car, it. is WORLD’S - | SHIPPING AMERICAN TO TRY AGAIN Sir Thomas Lipton, England’s fore- Most sportsman, who is soon to ar- rive in America in order; to arrange for next year’s yacht cup race. British competition,” says Chairman F. N. Hurley of thé shipping board. “In Great Britain I heard a great deal | more about American competition.” | Most of the steamship operators said it wouldn't be possible to induce Amer- ican boys to go to, sea in-any consid- | erable numbers... “Americans aren't’ 1 sea-faring people, they pointed out. But) in the year that the board’s training ships for recruits have been enger and refriger- ator ships, 6 coll 71 steam tanke: and 230 sailing vessel: In addition to thi and navy are oper: longing to the s| the army ships be- ng board ‘with a 521. When these pips are returned to the merchant ne it will have 1105 ships on salt water The pssels mentioned above are on the following trade routes: Afric: and t Indies ralia 71; west coast of § est Tnd 16} Canada, Ia America you hear much ‘about were speculative. 400 LICENSES SENT OUT State Fast Lining Up Under General Langer’s Wing Val Koch, chief license deputy in the office of Attorney General Langer, advises that his office has issued 400 licenses to pool halls, moving picture ) theatres, taxi stands -and soft drink establishmerits under the act of. the last assembly transferring this duty; from the local municipalities to the of- tires properly inflated s, | With in operation, 39,000 Americans have ap- | plied for training,’ and half of them ; Wanted jobs as firemen—the hardest | work aboard ship! | _ No recruits are now accepted unless | they are American citizens. § | The shipping board estimates that | | 65,000 will be needed: for the ships | coming. out. in’ 1919 alone. A siilor's life nowyaday xentlem: The old days of brutal beatings with a belaying pin from a cursing mate, of living in filthy fore- is that of 2 castles ind of eating “salt horse” and | hardtack, are things of the past. Now the men eat soft bread and fresh vege- | | tables and me: leep, in comfortable ) iron bunks, wear natty uniforms al- | most. like that of the navy, and re- ive treatment as good as led by any eniplayer ‘asho compares favorably of jobs ashore, while op- portunities for advancement, are plenti- ; ful... An able man gets $75 4 month | board and uniform, while other ratings | And their pay Does The Cause of Your that accord- | ~ Kate O’Hare Can’t Get St. Paul City Stage for Speech St. Paul, April 2.—St. Paul’s city council today - voted to forbid the use of the St. Paul Auditoriym next Sunday for a socialist mass meeting at which Mrs. Kate Richards O'Hare was to make ‘the principal ad- | dress. , ‘ It was understood this | afternoon that local social- ists who arranged for the | meeting. expect to obtain a | private hall. City officials | indicated no further efforts would be madé to prevent the meeting, but that sum- mary action would be taken if any speakers uttered re- marks construed as being disloyal. ®. —P such as carpenter, cook, etc., get from $80 to $90 1 month. , Recruits are given’two months’ in- tensive training aboard schoolships on the Atlantic or Pacific coasts, and are paid $30 a month! while getting their “sea-legs.” BUREAU MEETING CALLE! .| Workmen's Compensation Board to Organize * Commissioner John N. Hagan, chair- §man of the workmen's compensation bureau, has called an initial meet- ing of that board for Saturday, when the bureau will organize and probably will name. a secretary. While the compensation act does not take effect until July 1, there: is much prelimin- ary work to.be dong in the prepara- tion of blanks and the ‘registration. of employers affected by the new,law. COWAN TO HAVE ANOTHER CHANCE TO GET DAMAGES The supreme court yesterday re- versed and remanded for retrial the case of Charles Cowan versug the Soo line, in which a Stutsman ‘county jury rendered a verdict in favor of $1,700 for the plaintiff which was set aside by Judge Nuessle, presiding in Stutsman on a change of venue. Cow-' an fell asleep in the Soo yards at Wil- ton under or along side a string of service—quality Tire Trouble Lie Above Your Eye-brows? ie It is not always the roads that kill your tires, but often your failure to think—to keep your Thisisa very expensive form of forgetfulness! A large percentage of tire troubles comes from. the bending of the side-walls‘back and forth need- lessly due to lack of proper tire inflation. i Let us give you a chart ’ flation for the trouble and save money. ie various size tires and ~ showing the correct\in- you will. avoid ABR MOTOR SALES COMPANY BISMARCK N. 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