OCR Text |
Show EXPRESS COMPANIES' PROTESTING FATES Contend Conflicts Between State and Federal Laws Prove Embarrassing. SIOUX FALLS, S. D., Sept. 30. Hearings were opened here today in the Suuth. Dakota express rate case and Nebraska freight rate cases .before a court of three federal judges, Judge John 10. Garland of the United States circuit court, Washington, D. C; Thomas U. Hunger of the Nebraska federal district dis-trict court, Lincoln, Neb., and James D. Elliott of the South Dakota district, with Judge Garland . presiding. The South Dakota ease was taken up first, statements and announcements of counsel for the express companies, for the state and the state railway commission commis-sion being heard. The express companies are seeking to enjoin the stale officials, including the railway commission, from prosecuting tho original action brought by thajatter iu tho state supreme court to prevent enforcement of higher interstate express, rates as ordered by the interstate commerce com-merce commission to correspond with interstate rates. Gnunsel for tho companies contend that tho conflict between federal and state law has placed their clients in an impossible position, facing a penaltv for non-enforcement of the interstate commerce commission s order, and contempt con-tempt proceedings if they promulgate the new rates ns ordered,' and seek relief re-lief iu the Cedcrnl court. Attorney ("iencral Caldwell, in defending defend-ing the action of the state, declared the stale courts had prior jurisdiction in the case, and denied that the express companies com-panies were obligated to follow the order or-der of the interstate commerce commission. commis-sion. This afternoon statements from both sides iu the Nebraska freight rase were heard. This is similar to that m South Dakota, in that railroads are asking that the Nebraska state railway commission be restrained from enforcing enforc-ing rates higher than those prescribed by the interstate commerce commission. The hearing was concluded and the court adjourned at 3.-M0 o'clock this afternoon until 10 o'clock Monday morning, both cases being taken under advisement. No indication was given as to when a decision might be announced. |