Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-03
LEGALITY 0F MERGER
Case of Rock Island Roads Ex.
citing Much Interest in
This State
GOV. cuMMlNs' INVESTIGATION
Furnished With Facts Concerning Re-
organization of Roads, But the Mat
ter Was Finally Dismissed, Only to
Come Up Again at Present Time
New Member Of House From Grundy.
special to Times-Repubiican.

i
Special to Times Republican.
Des Moines, Feb. 3.-The suit brought
| in Chicago to question the legality of
! the merger of the Rock Island roads In
| to the modern Rock Island system Will
be watched with great deal of inter-
est in Iowa. on account of the investi-
CATION made by Governor Cummins last
| summer, when the deal was first an
nounced. At that time Governor Cum
minis Immediately announced that he
would take whatever steps might be
| necessary to prevent the consolidation.
provided 1t was contrary to the laws OF
Iowa and shown to be contrary to pub
| lie policy or detrimental to the interests
OF Iowa people. His attention was
called to it first by the filing Of articles
Of incorporation with the secretary Of
state of Iowa and the payment of fee
of S125,000 for the privilege of becoming
incorporated under the laws of Iowa
and having the protection of the Iowa
| laws. Following, as 1t did, closely upon
/ the agitation in the legislature at the
/ then recent session regarding laws
| which would permit of the merging OF
railroads in Iowa, 1t was believed that
the purpose of the promoters in organ
| izing in Iowa was to take advantage OF
| the Iowa laws in some way. Governor
| Culnmins set on foot an investigation.
| He was in fact furnished freely and
/ fairly by the representatives of the
Rock Island system with all the facts
relating to the reorganization, with all
circulars and copies of all agreements,
and complete statement of the plans
and purposes of the organizers. He
submitted certain legal questions to the
attorney general and obtained an opin-
! ion to the effect that nothing could be
done under the Iowa laws to prevent
/ Its1e consummation OF the plan. He
therefore dismissed the matter entire
lily. But there was prevalent feeling
/ that while nothing could be done by
/ iowa under Iowa laws, something nigh.
| be done by the federal courts taking ais
the state laws into consideration.
hence the yenner suit in Chicago to
| question the regularity Of the proceei-
ings may result in what the investiga-
/ ton of the Iowa governor failed OF. The
company is an Iowa corporation, and
must hold it's regular meetings here. SO
| far as known there has been no COM
plant on the part of any Iowa stock
holder OF. patron on account of the con-
solidation scheme.
| A number of persons left Des Moines
! for Cedar Rapids today to attend the
| twenty-sixth annual state convention
| of the Iowa State Dairy Association
which 1t is expected will be fully as we'll
| attended as any of its predecessors. The
! association was organized at Straw
berry Point, and at that meeting, some
ltwenty-six years ago, the first cream
separator was seen by Iowa dairymen.
1t was a new thing then, and the manu-
facturers had set one up In creamery
near the town, which was the main al
traction for the persons who attended
the association. Now cream seperators
are in use in every creamery OF the
state, and thousands are in use on
farms. The association has met dt
Charles City, Fort Dodge. Storm Lake,
Waterloo, Dubuque. Marshalltown, Wa
verify, New Hampton, Mason City, ami
in fact most of the good cities of north
ern Iowa. Efforts have been made 20
secure the association meetings for Des
Moines, that the creamery belt might
be moved down this way. but these ef-
forts have proved unavailing.
Judge Kinne, OF the Iowa board of
control, delivers an address In Lincoln,
Neb. on Friday evening before the
Nebraska state conference OF charltles
and corrections on "The Humane, Eff
cient and Economic Administration OF
state Institutions" Judge Kline has
made great study Of this subject since
going on the board of control ana is
capable of presenting an interesting
address.
| Gov. Cummins decided at last tna'
llaw or no law he would not put the
lcounties of the Second district TO the
expense of a special election Tor mem
ber of congress. AS he figured 1T OUT
| there would have to be time FOR pun
!ication in newspapers In every county
of the district of a notice OF election
and this would take all the week; then
there would be necessary delays While
the Judges count the votes and whit
the county boards meet and the state
board should meet, and in the issuance
of the certificate-all of which would
give .he member no more than time TO
be sworn in and draw his $4,000 In
view of this the governor will take the
risk of the Second district going to the
| bad by failure to have congressman.
| A new member of the house Will come
to the Thirteenth general assembly
from Grundy county. Representative
w. G. Kerr who has had two terms
mado 4 known some time ago that he
would not be candidate for renomin-
alton A number of candidates came
TO the front. John Lister. of Conrad,
a brother of Senator George Lister, of
The northwestern Iowa district. is a
candidate. Others are M. b. Hunter.
DYKE; d. E. Aukes, Wellsburg; E a.
Crary and C. w. Reynolds Grundy
Center. L. b. Desselhorst has been
considered in this connection but will
not be IA candidate. Grundy county
would like to have the senatorial nom