Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-12-02
COMPELLED TO OPERATE ITS Ows

Mason CrrY (Iovs), Nov. l8.-Jude,
Raddick, today, In the District Court
rendered an important deoision Affect.
ing the Central Iowa and the BurliuR.
ten. Cedar Rapids 4 Northern. Thl
case vas the application Of the State Of
Iowa for q wfit compelling the Osntral
Iowa to operate its own soad and ruc
it's own trains from Manly Junction q
Nofthwvod. IL has been In litisssior
for some years. The aasoed faces wsss;
jane Is, 1859. the Central Of Iowa VA
given . charter 70 opesate Q railway
line from the south to the north line Of
the State. Aftsr 70 had constructed thu
road to . point near the south line Of
Worth county. the county voted q elB,.
935, payable when the road vas buili
from Manly Janotlon 70 Nosthveod
which was hnishsd In OetoSsf, 1871.
The county besides gave the railway
COMPANY land to the vaius Of $500. II
Jolly. 1871, the town of NorthWood voted
5000 a. aid 10 the Boxilngton, Cedar
Rapids 4 Northern, 70 build its line
from Plymouth 70 Manly Junction, and
then to run it, trains over the Central
Iowa, In copjunesien with the latter, %
Northvcod, and from Themes to build a
rad to the north line of Worth county.
This vas Aftervard done aud the money
paid, and for . considerable time the
tvo companies Operated the saDo line
from Manly Jnnctioa - Noethvood.
TIE Central Railway Company Of Iowa
coon after paced into she hsnds Of
o receiver. In 1879 the plant vss
porchsssd Ay the Central Iowa Railway
Company. . new organization. July
h.
lease to the BurlinGtou. Osdaf Rapids 4
Northern, OF that part Of it, tfask run
ming between Manly Janetion and
NoFthvood, also leasin9 ths staticu
buildings, thereby GIVING 20 Norshvsod
the benefits OF bat one railroad, vhefs
before IL bad two, - % the da.e Of the
lease the Central Iowa ceassa 10 run
trains between the Two points. The
citisens Of Northwood appealed 10 the
railroad commissioner. Who ofdsfed
the Central Iowa 70 comply With 10
original aerSsmsnts, under vhioh its
predecessor received greats Of land and
money, eus the railroad company DE-
MED the right Of the eoomissiosSrD 70
interfere. and rsfussd 10 eonply With
the order. TIE Attorney 6sosral Of The
stats then appealed 10 he courts 70
enforos the order.
Joces kuddicA's decision 10 day sus-
taina tie oourss pafsuea By ths Rail-
road Commission. declares void she
lease 10 the Bufiinatou, Osdar Rapide
& Northern. and commands the OsntraI
Iowa 10 operate its ovn traok hpkveen
the points mentioasd. In giving shia
decisioa the judge aid:
The power granted Q railroad cor
porAtioa TO oontsace and maks lava aud
JOINT fanninR arrAn0oments With Con
meeting fines 10 subordinate 70 tAa
other pablo duties which q ~
assamed- No persou nor oorporation
can avoid . pahlia duty by Q private
esLtrAct With another, and eli oontr,sss
which interfere With shs dissharas Of .
p1oaic duty mus b 10 that extept
wrong. TIE courts dsctsisn, sAsu, i
that the Central Iowa raflrosd, in r.
fasins % run 10 traias 70 North wood, d
neeiecsina % peSfsrn . pohlts ausy and
obligation. which 10 has assunsd, end
thai the order Of The Railroaa Co3nip-
saoners made In The prsmiao 10 ID snd
reasonable. and that 10 b safososd b
mandatory tr5unstion - pesyea.s