Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-19
Railway Commission Does Not
Know of Such and Has Spent
Little Of Appropriation
MONEY.
HASN'T SUFFICIENT Nc
Appropriation Would Not Employ
Tariff Expert for Sufficient Length
Of Time-Judse Nichols Can Mot
Become Candidate for Congress
Against Hull, Under the Law.
,ecial to Times-Republican.

Special to Times-Republican.
Des Moines, Nov. lbs there such
thing as rate expert and II there
is should the Iowa railroad commits
sion hire one? If there is no such
thing what did the legislature mean
when it made an appropriation OF Io,-
900 for the railroad commission for In
vestigating the question of freight
rates?
Last session of the legislature bill
was passed appropriating $1,000 to the
tigations of freight rates. 1t is now
contended by some that the intent
and purpose Of making this appropria-
ton was so that the railroad commits
sion could engage a freight rate ex-
pert" to dig into the rate question and
disclose to the commission all cases
discovered by him where Iowa. is not
getting the right rates or where this
state is being Disseminated against.
They maintain that 1t was said and
expected at the time that this employe,
whatever his name, should take the
aggressive and uncover inequalities in
the rates and not wait for the shippers
to come In and complain.
Thus far the railroad commission
has not employed anyone who would
answer the description Of expert"
Some additional clerks have been en-
gagged but they are doing routine work
Of the office and lay no claim to any
large knowledge Of the railroad rate
question. Secretary Dwight N. Lewis,
of the commission declares that there
is no such a person as 'trate ex-
pert" The word he maintains Is un-
known to railroad traffic men and Of
ficials. He declares that there are men
who are designated as tariff experts"
Whatever the proper term is shippers
are maintaining that the railroad COM
mission should hire such man and
set him to work They declare that
the $4,000 appropriation was made for
that purpose and should be so lsed.
On the other side of the argument
it is maintained that $4,000 would not
hire such an expert" 1t is claimed
that such a man would necessarily be
taken from the railroad service That
such man could be secured Tor not
less than $4,000 year on steady en-
playment, while the state appropria-
tion is $4,000 for two years, from July
1, 1907, to July 1, 1909.
Bills In the auditors office that have
been allowed and paid and the money
taken from this $4,000 fund appropri-
ated by the legislature thus far amount
to little over 5000. There have been
allowed nearly thirty claims. OF this
amount $27O has gone in salary to one
clerk at the rate OF 500 month.
Judge Edmund E. Nichols of Dallas
county will not be candidate for
sional district for two reasons One
of these reasons is purely personal.
The other is that the constitution of
the state of Iowa states that a dis
trict judge shall be ineligible to any
other office, except that of judge of
the supreme court, during the term
for which he was elected"
Judge Nichols term does not expire
till Dec. 81, 1910. It is true that many
district judges of Iowa ignore the
declaration of the constitution Of the
state. There have been a number
who have been candidates for congress
and continued their positions on the
bench till they were elected and then
resigned. Judge Nichols interprets
section five article five of the consti-
tuition of the state as prohibiting this
and he considers the constitution
means federal offices as well as state
offices. He believes that the spirit of
the section of the constitution was to
remove all use of the office and its
influences as stepping stone to other
political positions and believes this
should apply to federal positions as
well as state.
Judge Nichols allowed it to be
known among his friends some time
ago that he would not be candidate
for congress from this district. It
was later pointed out to him by many
able politicians that he was about the
only person who stood likely show
of defeating Congressman Hull. BY
strong pressure he was finally induced
to reconsider the matter and gave 1t
then some thought. When it become
quite evident that the opposition to
Hull in Polk county would not con-
centrate on one man Governor Cum
minis himself urged Nichols to be-
come candidate.
Since then Judge Nichols has given
the matter considerable thought. He
has canvassed the situation thorough
ly and has decided that he will not be
candidate. This decision is final
and thus removes Judge Nichols from
the race for this campaign at least.
At this time it is matter of doubt
whether the removal Of Nichols from
the race will leave the field to Hull
without opposition save that of Sena-
to Warren Of Marion county or not.
Senator C. c. Dowell and N. E. Coffin