State ex rel. Payne v. Dakota Central Telephone Co.
South Dakota Supreme Court
Original action 'by the State of South Dakota, on the relation of Byron >S. Payne, as Attorney General, and John J. Murphy, and P. W. Dougherty, as and constituting- the Board of Railroad: Commissioners of the State of South Dakota, against the Dakota Central Telephone Company, a corporation, and others, to enjoin the ■defendants from putting into effect certain tariffs and schedules of rates, changes and. regulations governing transmission of long distance intrastate…
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Original action 'by the State of South Dakota, on the relation of Byron >S. Payne, as Attorney General, and John J. Murphy, and P. W. Dougherty, as and constituting- the Board of Railroad: Commissioners of the State of South Dakota, against the Dakota Central Telephone Company, a corporation, and others, to enjoin the ■defendants from putting into effect certain tariffs and schedules of rates, changes and. regulations governing transmission of long distance intrastate telephone messages. (i) Under point one of the opinion, Plaintiffs submitted that: With reference to this resolution: first,…
1DissentMaOOY, J.
For reasons hereafter stated I am unable to concur in the majority opinion. The majority opinion .■states that:
“Much has been said in the briefs, about the war powers of Congress and of the President, but we are of the opinion that those questions are beside the issues in this case.”
All the decisions and authorities cited by the majority are •applicable only to ordinary normal peace conditions. As I view the situation, in the interpretation of the said resolution and the ■effect of the proviso therein, my Associates have entirely lost ■sight of the fact that we have been and now are engaged…
2Cases cited9 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. PalmerSupreme Court of the United States · 1818
- In Re Quarles and ButlerSupreme Court of the United States · 1895
- Druecker v. SalomonWisconsin Supreme Court · 1867
- Conley v. Supervisors of Calhoun CountyWest Virginia Supreme Court · 1868
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