The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-07-29
RAILWAY NEWS.

Iowa Managers Somewhat Disappointed Over
the Decision Of Judge Brewer.
CHICAGO. July 2s.-A local paper says: 1.-The
managers of the Iowa roads were somewha dis
appointed over the decision of Judge Brewer in
the case against the Iowa Railroad Commission
ers. They had expected the Judge would take
stronger grounds in favor of the roads. and de-
clare that the Legislature could not delegate the
rate-msking power. His failure to do this. how
ever, leaves only the question of the reasonable
ness of the rates to be passed on, aside from
technicalities, by Judge Fairall in the suit OF the
Rock Island road at Iowa CITY. In case Judge
Fairali should fail to grant q temporary inlunc-
ton the commissioners could cause all roads eX-
ceps the four which were parties to the suit
before Judge Brewer to put into effect the COM
missioners' tariff, or subject themselves to heavy
fines - However. if the rates wore once put into
effect By the State roads, the interstate lines
would have to meet them or 60 out of business.
The situation was regarded SO critical that a
meeting Of the presidents of the Western roads
was held yesterday to discuss the outlook. No
conclusion was reached. but later in the day
Chairman Faithorn called a meeting OF the man.
ayers Of the Western roads for next Thursday to
consider Iowa rates and other complications in
the West. 1t 10 understood that the managers
want to arrange a compromise with the Iowa
commissioners. The railroad officials themselves
admit that present rates in Iowa are too high,
and they will agree to adopt a tariff materially
lower than the one now In effect, provided the
Railroad Commissioners will accept the copces-
sion and agree to let up on the roads. II. is stated
that negotiations looking toward a compromise
will DO instituted at once. and it 10 hoped that
some progress will be made before the meeting
OF managers next week"
Attorney general Baker, OF Iowa. who was in
the city last evening, said to q reporter: sit
seems strange that after having recited that
the law was constitutional and a valid exercise
OF the right of the commissioners TO fix reason
able rates, Judge Brewer should hold that the
commissioners were bound to establish the fact
that they were reasonable. The statutes make
the rates established prima facie evidence that
they are reasonable"
Then you do not think Judge Brewers de-
cision is within the lines of authority
Il do not"
"Wbnt will be the effect of the decision on
the commercial interests OF Iowa"
ut will be oppressive, particularly to the job
bine and manufacturing industries If the tariff
under which the roads are operating i'll Iowa is
not changed within ninety days. the jobbing
houses will generally be closed. Let me give
you an example. Prior to May 10 the schedule
of rates was from twenty to twenty-five per cent.
lower than those under " hich they are now doing
business. When this law went into force. May
10, the railroads said. Adjust the rates SO as to
avoid penalties for discriminating against locali-
ties. and also the penalties for charging more
for q shorter than a longer haul In doing this
they did not reduce the rates on short hauls,
but raised them on long ones. and the fact Is
that the rates under which they are doing bust
ness today are the same as those in force in
1879"
''Will the commissioners disregard the ~Injunc-
TONI
at is not at oil unlikely. 1t falls within tho
rule of the United States Supreme Court in tho
Virginia case known as in re Ayers. This
would enable the commissioners, after the judge
had fued them, to 60 directly to the Supreme
Court OF the United States on petition for
habsas corpus and hare, that one question set.
the commissioning. is against the State. IL that
course 10 not pursued. it is more than likely that
the Governor will convene the Legislature Ia
extra session"