Omaha daily bee., 1899-10-19
SHIPPERS TAP RAILROAD TILL
Two Roads Must Pay Dear for Imposing
Extortionate Rates.
SUPREME COURT UPHoLDs HAY DEALERS
Excess Lcvics Extending over Several
Years Must BE Refundcd-Gov-
ernor shaw Will Welcome
Iowans.

DES MONIES, Ia, Oct. 1S.-(Special Tele-
gram The supreme court this morning de-
termned the constitutionalty of the law
which empowers the railway commission to
fix joint rates for freight hauling in Iowa
and also Of that which authorizes town or
county to vote a tax in support OF a pri
vate enterprise.
The case. which is famous one, is en-
titled Blair and others against the Sioux
City & Pacific and Chicago G. Northwestern
railways. The action was brought by a
number Of shippers of baled hay at Whiting
and Blencoe, who complained that the two
defendant companies had charged them two
rates on large shipments of hay from the
points named to Council Bluffs, instead Of
the Joint rate provided by the railway COM
mission The defense included among other
things the plea that the act authorizing the
railway commission to fix rates was un-
constitutional. The lower court found
against the defendants and awarded the
plaintiffs heavy damages. The hay ship
ments extended over a period Of several
years and the statute provides a penalty
for extortionate charges by railway COM
pany, that 1t shall pay the person affected
three times the actual damage sustained; :;
so that as a consequence the sum recovered
by the hay shippers was enormous
The supreme court affirmed the action OF
the lower court in every particular, except
In the charge of interest on the trebble
damages. 1t rendered the opinion that as
this was a penalty, the statute must he
strictly construed and nothing but the ac-
tual damage therein provided could be re-
covered.
Shaw Will Greet Iowans.
Governor and Mrs. Shaw leave for San
Francisco late tonight to meet the returning
Fifty-tirst Iowa A special from there
says that the regiment will be mustered out
on November 3 and that General Shafter
has given orders that this must be done. He
promised the officials of the Iowa party and
those at the Preside that every assistance
needed to accomplish this end will be forth
coming. If the mastering out takes place
on November 3, the regiment will be in Iowa
in time to vote at the election held in the
state on November z.
An attorney from the Union Pacific called
at the office of the secretary OF state today
and offered to file amended articles NJ in
corporation increasing the stock 500, ,OOO, 900.
He was told that the states fee would be
$4,000 and he took the articles and left. The
attorney general will be consulted in the
matter, the road claiming that it filed its
original articles before the law was passed
providing for the high fee and that it does
not need to pay the fee for mere amend
ment to the original articles.
Burglars robbed the NAHUM e Vigren
grocery store early this morning and then
set 1t aflre to cover up their tracks. The
loss is $1,000. .Np--
The executive committee of the Northern
Iowa Implement Dealers met here today and
issued call for a state meeting to be held
! IN this city during the first week of Janu-
ary.
Today's decisions were:
NJ. II. 'Lueck ana others against The In.
corporated Town of Belmond, appellant
Wright district affirmed Lucinda j. Fisher
against William A. Koontz, administrator
and others, appellants, Munroe district. re-,
Eersed; State of iowa, in behalf of Matte
stewart. against D. B. Anderson, appellant
Audubon district. affirmed; j. r. Blair
against The Sioux City & Pacific Railway
ana the Chicago G. Northwestern Railway
company. appellants; H. II. Holloway
against same, appellants; A. Brown against
I same, and G.. G. Macoy against same. Pot
tawattamie district, affirmed; p w Pride
hard and others, appellants, against j. A.
Magoun, county treasurer, and others
Woodbury. district, affirmed: ]. N F'rum
appellant, against F. NJ Keeney. Pottawat-
tamie district, affirmed; Ottumwa Brick and
CONSTRUCTION Company against Joseph Ain
ley, Carrie NJ; Metzgar, nee Koonz T. p
and 8. p. Baker, appellants, Wapello dis