The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-05-30
IMPORTANT CASE.

AN IMPORTANT CASE.
THE ONE NOW IN THE HANDs OF rnE
IOWA SUPREME COUagr.
The Same Viewed with Alarm by RAN
roads lmtsrested In the Stats-Ths
s'Originai Packagu'' Idea to He Gone Over
Observation-Disclosures Bulletin for the
Week Ending May II.
The supreme court has before it again .
case OF great importance 60 the railroads.
It is what is known % the rebate case from
Jasper county. A shipper there has
brought suit against the Rock Island to 70.
cover the difference between what he had
paid.for shipments and what other ship.
pers favored by rebates had paid. The
suit has nothing to do with the present
railroad law. but goes back to the days
when tbs railroads were accustomed to give
rebates to favored localities and favored
shippers. The suit is brought under the
common law, in the absence of any special
statute covering the Gaze at the time when
the determinations vera made. This ship.
per claims that the common law forbids
unreasonable charges, and since other
shippers in the same town received by
means OF rebate q lower rate than he, this
is proof, he thinks, that the rate charged
him was unreasonable. The district court
OF Jasper county gave him a verdict and
tue supreme court sustained the decision
at the last preceding term. Now the rail-
roads ask for a rehearing and the case was
reopened last week. They admit the re-.
bates. but they claim that the system of
rebates III those days was considered
right AMI proper, and was regarded
AS a necessary and reasonable ar.
rangement to stimulate business. They
also pls ad the statute of limitation. The
companies are very much concerned over
this case. 1t it ia sustained, 1t means that
The gates will be opened to Q food of suits
OF similar character, as rebates were very
common In this state six or eight years
ago. Already suits claiming in the aggre.
gate $25O.0OO have been begun against the
Chicago Il Northwestern railroad. The
superior court has taken the case under
advisement and a decision will probably be
rendered during the present term. lit is the
same as before, a large number of ship.
pers will at once begin similar suits to
reco vel for what they call unreasonable
charges during the old days Of rebates.
The "Original PACKAGE Idea to lie Gone
Over Again.
A test case to determine the full extent
OF the original package" decision has been
started in Des Moines on its way to settle-
ment by the highest tribunal. It is en-.
tiled State Of Iowa VS.. Perry Chambers"
The case was tried in a justice court, in
which the defendant admitted that he kept
the liquor in controversy for the purpose Of
sale by the bottle, the glass or in such
quantities as his patrons might desire, but
denied, under the recent decision of the
supreme court of the United States. that
he was thereby violating any law of Iowa.
Tho court, after hearing the argument of
counsel, took the matter under advise
ment, aud decided that the defendant had
no right to sell except in the original
packages in which the liquor vas i'm
ported; that the liquor in controversy was
kept for sale in violation of law, aud
ordered it forfeited. An appeal was taken
to the district court.
IOWA WeittN0t.CrOp ItUllottn.
Temperature-Low temperature pre-.
vailed generally throughout the state dur
i"g the week, except the 10Th, on which
date there was a slight excess. At the CEN
trail station the deficiency for the week was
AZ degrees; and the deficiency since Jan. 1st
10 degrees.
acknowledgements show that the rainfall
nm tho niuht of tho Oh, o,l ..-.-....c A.
18th was quite we'll distributed, the north
eastern quarter of the state receiving the
larger amount. At the Central station the
measurement for the week was .75 inch.
Deficiency for the week .45, and for the
year 2.GG inches.
Wind-Brisk to high winds prevailed
nearly every day; the thermometer at the
central station registered on the 14th
twenty.six miles, on the 18th twenty four
miles, and on the 18TH t%hirty-six miles per
hour. These high winds were genetal, and
their effects somewhat damaged crops.
Frost-Light frosts appeared in several
northern localities on very clear mornings
of the week; and on the 10th there was a
heavy frost with ice in all parts of the
state. The full extent Of damage result
ihS sAe1cAIoM 10 AoU YET 1Scertalnou, but
it is evident that small fruit and tender
vegetables in gardens suffered materially.
The general condition of crops through
out the state is not encouraging to the
hope of a full average yield; but with sea.
sonable rains and temperature during the
balance of the summer, the harvest may
show ample returns. Corn planting is
generally completed, and the seed is
terminating.
Linping to Their Iowa Homes.
George Brooks, his wife aud five children
ranging in age from 4 to IA years arrived
in st. Joseph, having walked from Marion
county, Kas., over 800 miles, since the lst
of the month. The family went to south
western Kansas during the boom and
proved up a claim. Poor crops resulted in
their losing both farm and stock. Their
neighbors were in almost as hard circum-
stances as themselves, and when Brooks
concluded to start 10 his oil home At
Sigourney. Ia, nobody could assist him.
He finally determined to walk, and his
conclusion a partly carried out. When
they arrived in st. Joseph they we're in q
horrible condition. The wifa,a shoe. uaro