Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1876-01-14

sistance. In the cases of those which
refused compliance, and when complaints
were made and suits commenced, attor-
neys we're authorized to prosecute. At
ter q few suits had been commenced the
Burlington & Missouri River railroad,
operated by the Chicago, Burlington &
Quincy Railroad Company, procured an
restraining the Attorney
General from prosecuting the railroad
company, and the State Treasurer from
paying out money to aid such litigation,
and also some of the private persons who
had commenced suits, from their further
prosecution. The question upon
making this injunction perpetual
was argued in the Circuit Court OF
the United States before Judge Dillon,
by the Attorney General, assisted by
Judge Sewers, for. the State, and by Hon.
0. II. Browning and Judge Rorer tor
the company, and was decided for the
State. Upon the announcement of this
decision the company conformed its
schedules OF charges to the provisions of
the law. The case, however, had been
appealed to the Supreme Court of the
United States, whittier the Attorney
General will follow it, and trust at an
early day will obtain favorable decis-
ion. It is proper to say here that the
zeal and ability with which that officer
has conducted these cases have command
ed my entire approval, and be ieving that
the cause Of the State would be as
thoroughly and ably presented by him
as it would be if expense should be
created by the employment of other
counsel, l have left the case to his
management.
What may be the effect of legislative
control upon the general interests of the
people is impossible at the present time
to prophesy. l have no doubt, however,
that its general effect will prove benef-
cent. 1t will settle the principle OF leg
islat1ve control, and reform some of the
evils of railway management. The law
should therefore in its main features be
retained, and perfected as experience
may unfold its weaknesses, or as may be
necessary to adjust it to the future
demands of commerce. 1t has, however,
always seemed questionable 10 me
whether the most glazing evils of rail.
way management could be reached and
abolished by statute. 1 uniformly
argued, before such public assemblies
as I was invited to address and when nv
views were sought upon this issue, even
when this railway controversy was at a
white heat, that had less faith in leg.
islative restrictions than I had. in seek.
ing and encouraging a wider diversified.
ton of our industries, in inaugurating a
cheaper system of railways, and
in fostering the improvement and
construction of system of water ways
for the transportation of our heavy and
bulky products. The public mind has
recently seemed to be moving in this
direction. Narrow Gauge railroads are
being projected and constructed, and
they should receive all proper legisla.
tive encouragement. The Wisconsin and
Fox rivers improvement is progressing
The project of the Hennepln canal l.
being revived. And the progress in
deepening the outlet of the Mississippi
river by the jetty experiment is crafty
ing to the projectors, with every pros.
pect of final success. These, with the com
pletion of improvements to perfect the
navigation of the Mississippi river upon
our own borders, will in my Judgment
open the way for competition in the
shipment of many bulky commodities
of Western production which will more
ettectually cheaper transportation than
any law the wit of man can devise.
There is, however, one mode of secur-
ing satisfactory results by railroad legis.
lation which has ss yet received but
little attention in Iowa. Mr.. Charles
Francis Adams, Jr., railroad commits
sioner for Massachusetts,, says, in sub.
stance, that after eight years. study OF
the railway problem he is satisfied more
can be accomplished by the light and
publicity which commission may afford
in regard to railroad business, and the
partial supervision of railroads by such
commission, than by any general law
for controlling the details of their man.
agement. In all the late discussions of
the railroad problem, but little WAS said
in regard to the protection of stockhold-
ers, and this Of itself is the very gist of
the problem. 1t would be wise for the
General Assembly to consider this. l
would not recommend an increase OF
State officers, but all the good results OF
q commission might be reached through
some of cur present officials. The
executive council by the employ.
ment of an intelligent statistical clerk
would make an effective railroad com
mission. Or if the Register of the State
Land Office were charged with the duty,
in addition to his present duties, of
exercising limited supervision of the
railroads Of the State, and reporting
such measures as his experience would
suggest, I think it would exercise a good
influence upon the roads and upon their
patrons.
The McGregor Dc Missouri Riuer Rail
soay.-This road had been completed t.
Algona prior to my message of two years
ago. The act of the 18th General
Assembly comforting the grant of May
10, 1884, upon the McGregor and Sioux
City Railway Company contained in
substance the following conditions,
viz: That it should be built upon
or near the AID parallel, north latitude,
and within one mile of New
Hampton, Charles City, Mason City, and
Algona, intersecting the proposed rail-
road running from Sioux City to the
Minnesota State line in O'Brien county.
1t also provided that the road should be
completed to its terminus in O'Brien
county by the first day of December,
1876, and that in case Of failure to com
ply with these conditions the State could
resume all the rights conferred by the
act and all the lands granted which
might remain undisposed of to said com
pany on account of road actually built.
As the law provided that an aggregate
Of 450 sections of land should be certi-
fed to the company upon the compile