The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-05-30
AN IMPORTANT CASE.
THE ONE low IN THE HANDS OF THE
IOWA SUPREME COURT.

An0 Same NtoWeu WITH Alarm by Rail.
roads Interested la the state-The
"Originai Package" liea to He Gone Over
MISUNDERSTANDING Bulletin for the
Week Ending May n.
The supreme court has before it again a
case of great Importance to the railroads.
IT Is what Is known as the rebate case from
jasper county. A shipper there has
brought suit against the Rock Island to re-.
cnver tue difference between what he had
psidfo 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 the railroads were accustomed to give
rebates to favored localities and favored
shippers. Ihs suit is brought under the
common law, in the absence OF any special
statute covering the Gaze at the time when
the determinations were maize. This ship
per claims that the common law forbids
unreasonable charges, aud since other
shippers in the same town received by
mems Of rebate a lower rate than he. this
is proof. he thinks, that the rate charged
him was unreasonable. The district court
OF Jasper county gave him u verdict aud
the supreme court sustained the decision
at the last preceding term. Now the rail-
roads ask for II rehearing aud the case was
ieoeened last week. They admit tho re-
bates. but they claim that the system of
iebates III those days was considered
right AMI proper, and was regarded
AS u necessary and reasonable ar
rangemen. to stimulate business. They
also pls ad the statute of limitation. The
companies are Very much concerned over
this case. 1t it is sustained, 1t means that
tlis gates will be opened to o flood 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 $500 U have been begun against the
Chicago ~ Northwestern railroad. The
superior count has taken the case under
ADJUSTMENT and a decision will probably be
rendered during the present term. II it is the
same as before, a large number of ship
pers will at once begin similar suits to
reco yer for what they call unreasonable
charges during the old days of rebates.
The .Origimal Package" llea to Ise Gone
Over Again.
\ test case to determine the full extent
of the original package decision has been
started in Des Moines OH its Way to settle-
ment Ivy the highest tribunal. 1t is ell
tilted State of Iowa VS.. Perry Chambers"
The case Was tiled in n justice court, in
which the defendant admitted that he kept
the liquor in controversy forthe purpose OF
salo by the bottle. the glass or in such
quantities MS 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.
Thu court, after herring the argument of
counsel, took tine matter under advise
ment, aud decided that the defendant had
no right to soil except in the original
packages in which the liquor vas i'm
ported: that the liquor in controversy was
kept for sale i'll violation of Law, aud
ordered it forfeited. An appeal was taken
to the district court.
a,,s,, VAn t1,nrr ,.,. pp.np.sS