Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-04-10
Question of State Wide Interest
Raised by Des Moines In
terurban Railway
ASSESSING AS STREET RAILWAYS
MitcheIlviIIe Has Tried to Take Such
Action, Basins It's Authority on the
Special Statute Passed Last Winter
The Claim of the Des Moines Inter-
urban Railway Company.
Special to Times Republican.

Special to Times Republican.
Des Moines, April 10.-An interest
ing question has been raised by the
owners of the Des Moines Interurban
railway company running out of Des
Moines to the east and it is one that
may well be considered in other parts
of the state where the craze for inter-
urbans is raging as 1t is here. The
question relates to taxation. An effort
has been made to tax the interurban,
or assess it, in Mitchellville. as a street
railway within the town limits, on the
claim that the special statute relating
to interurbans passed last winter, maxi
es of such interurbans street railways
within the city and town limits. This
was, indeed, the understanding of those
who passed the bill, or of some of them.
prefer, for obvius reasons, that the as
sessment Of their lines be by the state
executive council not only along the
public highways and out in the country,
but In the cities and towns; and they
will claim that the assessment should
be made as interurbans all the way.
The claim is based on the peculiar
wording of the statute which provides
that an interurban shall be regarded
as a street railway in cities and towns
y, ctr 80 / CHI I'm "a L a
use of for transporting passengers.
mail. baggage, and such parcels, pack
ages and freight as it may carry in
its passenger or combination baggage
cars only" and be subject to the laws
governing street railways. Now the
pes Moines interurban will make the
claim that where the interurban does
q passenger business in passenger cars,
and freight business in separate
freight cars, 1t cannot be deemed a
zsreet railway. 1t has done this In Des-
Moines and will claim that 1t is not
even in the cities and towns in any
sense street railway, at least not for
assessment purposes. The point ap-
pears to be fine one but not too
fine for an internrban..
The Des Moines interurban system
is to be materially extended this year.
1t has proved a great success SO far.
The line is in active operation to Col-
fax and thru Altoona and Mitchellville.
Whether 1t is profitable is another
question, but the owners are not COM
planning. 1t is very popular among the
people who travel back and forth and
lis getting big custom. An additional
train had to be put on a short time
ago and the time will be reduced after
a time. The next extension will be
south and instead of the line going west
from Valley Junction it will start from
the army post line and go south to Nor
walk Warren county, and then divide,
one branch going to Indianola and an
other to Winterset. This will be a very
fine line. 1t is the intention OF the com
pany to extend the Colfax line to New
ton, this year. The company will either
build direct to MarshalltoWn from COL
fax or Newton, or make connections
with another company organized tonla-
Ike this extension and possibly one to
the south of Newton. Another line that
is inevitable is one into Dallas county,
either to Perry or Adel, and this will
go northwest from the city to Grimes
and Granger and perhapsS to Dallas
Center. 1t is now certain that Des
Moines is to become the center of one
of the greatest systems of electrical
interurbans in the west, for the COM
pany is amply able to do all that 1t un-
dertakes.
The interurbans will be assessed this
year by the state executive council for
the first time. They will make their
reports like railway companies. The
reports from the railroad companies are
coming in very slowly. The follow
ing have been received to date: Iowa
Central, Minneapolis & st. Louis. San
ia Fe, Omaha. Wabash, Union Pacific,
Crooked Creek. Davenport. Rock Is
land and Northwestern, Des Moines
Union, Willmar & Sioux Falls, Omaha
Bridge and Terminal. Muscatine North
and South and the Abba & Centerville.
The work of comparing the comparison
tables will not be commenced by the
secretary of the council until other and
more important reports have been re-
ceived.
The supreme court yesterday in pass
ing on two cases involving the ques-
tion of having stolen property in the
possession of defendant came near in
dicating what the court will do when 1t
reaches the case which Attorney Gem
eral Mullen asked the court to recon
slider. The argument in this case has
been filed in printed form. The court
rather indicates that 1t will hold fast
to it's former decision, but by Il process
of modifying or explaining it, remove
all the objections which We're urged by
the lawyers of the state who felt that
the decision would stand as an obsta-
Gle to the conviction of many guilty
persons. But the fact that five or six
cases have been appealed the past year
on the same question indicates that the
judges of the district courts are not
fully Informed as to how the instruc-
tions should be given relating to po-
lssession of stolen property and the pre-
sumption of guilt arising therefrom.
ai The extent to which the Jeffersonian
day banquet in this city made smooth
the path of the democrats in Iowa may
he judged from the following from the