The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-07-05
4 RICKETY SCHEDULE.
Iowa Railroads Protest Against the
Commissioners Tariff.
A Temporary Injunction Granted in
Favor of the Railroads.
The Motion to be Argued at Lsaven-
worth on July 5th.
A New Trial Refused in the Hillman
Insurance Case.

CHICAGO, June SO.-The action of
Judge Brewer of United States circuit
court at st. Paul and Judge Fairall of
the Iowa state court, granting tempo
rary injunctions against the Iowa rail-
road commissioners, is the principal
topic of conversation in railroad cir
cles. The officials of the Iowa roads
are greatly elated. They profess to be-
at Leavenworth, July 5th, Judge
Brewer will make the Injunction per-
manent. The petition upon which
Judge Brewer granted the Injunction
sets forth that the new Iowa law is I'M
constitutional and in conflict with the
interstate commerce law. That it does
not sufficiently define the offences for
which it undertook to impose enor-
nous penalties on common carriers for
charging unreasonable rates. That it
makes the railroads guilty of extortion
for making extortionate rates, and for
which penalties are prescribed of not
less than 81 900 nor more than SIS 900
for the first offenSe, and not less than
IS 900 and not more than SIC, 900 for
each and every subsequent offense.
AS each shipment is considered a sep
arate offense, the penalties would ac-
cumulate so as to cause the cOnfiSca-
tion of every railroad in Iowa. 1t is
further averred that the law, in addi-
ton to these penalties, gives shippers
the right to recover three times the
amount of excess of charges on every
shipment and the attorneys fees. An
other objection is that the commission
ers' schedule is made prima facie EVIL
dence of reasonable rates, which would
raise the arbitrary presumption of guilt
on the part of the railroads without
giving them an opportunity to prove
their innocence. 1t is also claimed to
interfere with the interstate commerce
law because the state rates affect the
ule of rates, it is charged is unreason-
able and unjust and amounts
practically to the confiscation
of the railroad properties in Iowa. The
bill also claims that the rates
adopted by the railroads May 10 were
reasonable and just. A dispatch from
Des MOines says the point involved in
this case, and upon which it is under
stood the railroads depend for full
triumph, has never been adjudicate6
| in the federal courts. In the famous
granger cases which went up from
Iowa thirteen years ago, the power OF
| the legislature to control railways, tC
| fix maximum schedule of both pas
senger and freight rates, and to eXer
else supervisory power over the road;
generally, was disputed. The court
ruled against the roads. Now it il
proposed to test the validity of the
power conferred upon the commission
ers by legislation to fix rules. L
is claimed that the act of max
ing schedule is a leg
iSlative act. and that Legislative
power cannot be conferred by the legis
lature upon the board of commission
ers. This is new point to be decides
and it will be seen at glance that it i
quite different from the question in
volved in the Granger cases. In cas-
the decision is against the board, tn,
legislature might adopt tariff of max
imum rates and enact it. If this cas-
goes adversely no doubt the govern
or will convene the legislature as sool
as practicable and urge them to enac
the commissioners tariff into law
The Situation then would be decidedly
interesting. The case will also b
tried in the states court.