Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-12-10
TO construe 1s.Hour Law.

=. - = 5000:
10 Construe 16-Hour Law.
Des Moines.-Attorney General
Byers has been asked by the state
railroad commission to construe the
Marston sixteen-hour law for railroad
employees.
Several complaints have reached
the commission from railroad en-
ployes whose names are not disclos-
ed Question has arisen as to whether
q strict construction Of the law is re-
CURED or q substantial compliance
. with it is sufficient. If train Is de-
layed by natural causes which are
not emergency conditions. and the
sixteen hours expires when the train
is a mile from a station, does the law
20 into operation at that moment ana
make the railroad officials guilty OF
crime if the men, without order from
the company, even, take the train on
into the station?
is strict or reasonable construc'
ton Of the statute necessary?
The federal law requiring air brakes
on certain per cent of the cars IN
train provides that the employe
who operates a train not, lawfully
equipped shall be subject to the same
penalty that the corporation is. THIS
compels the employees to look out not
to handle a train iRadequately equip.
ped with air brakes.
| In the case Of the Iowa statute
limiting the hours of continuous EN-.
ployment of railroad employees to six.
teen only the railroad company, its
officers and agents can be prosecuted
for violation Of the statute. The act
makes it unlawful to require or per.
NIT any employee engaged in or con-
nected with the movement of any
rolling stock of the corporation to
labor longer than sixteen hours at a
stretch. This does not apply to sleep
ing car employees, however.
The penalty may be enforced
against any superintendent. train
master, train dispatcher, yard master
or other officials of a railroad who re
: Quires or permits any employe to
work more than sixteen hours.
This, of course, puts the employe
and the railroad company on basis
not entirely in harmony. The incen
tive to the law, which was enacted
In his interest, is removed, the rail
road company complains. If he were
made equally at fault with the rail
: road officials, they insist, there coult
be no violations of the law.
The commission, however, is onl.
J. interested in what sort of construc
t ton to put on the law in cases Earis
ing from time to time out of the ord
|. nary.
:, To Try Capt. kulp.
= The general court martial board t
q try Capt. o. W. Kulp of the Daver
port company Of the national guar
for disobedience of orders has bee
selected by Adjutant General Thrift
:. and the selection approved by Coy
ernor Cummins.
. Capt. Thomas A. Berkebile of th
Fifty-third regiment becomes 1udg
advocate general under the orde
1. and will present the charges agains
: Captain Kulp. The court martis
representing all of the regiments, ii
s GLIDING the Fifty-fourth in which tn
q Davenport company is enlisted.
T. It has been summoned to sit on tn
# case Of Captain Kulp on Dec 8. II
IT members will be:
Q Col. James Rush Lincoln. Fifty-fifi
), regiment; Lieut.. Col. H. A. Allie
:, Fifty-third regiment; Maj. w. C. Men
= ger, Fffty-flfth regiment; Mai. F. ]
Wetherell, Fisty-fourtn regiment; Ma
a T. ]. Mahoney, Fifty-sixth regimen
Is Maj. b. G. Johnson, Fifty-third reg
ment; Capt. J. e. Williams, FIT
,e sixth regiment.
w Captain Kulp will plead that I
4. obeyed orders and that there was !
:, prize fight.
=. Help Asked Of Iowa Banks.
~ The Des Moines banks, through Il
a clearing house association, has tax,
to steps to arrange for the early fesum
i'd ton of currency payments. This q
nd ton was In accord with letter fro
ho the Chicago Clearing House assoc
IN. ton asking the views of the D
Moines bankers as to the best tir
and the best method of restoring CT
eh rency payments or the cash busine
basis. The Chicago letter was 6
M swered with the statement that D
is, Moines would be glad to co-opera
lie in any movement to bring about t
ed restoration, but before any deta
IN could be given 1t would be necessa
- to consult the country corresponds
~ banks.
as The outlook is ever SO mu
ca brighter and it is believed that CT
renoy payments will be resumed wi,
in a short time IL the cooperate
of the people can be secured. I'll
re- will, it is believed, put an end to t
CHI ( rich mans panic" as many ha
&c. termed it.
or Mall Order House Must Answer.
Sears, Roebuck & Co., the gre
tn trial in federal 7oo,,rt hana ~, a,,a ~
list Of using the United States mails
nd defraud. An indictment containi
me three counts has been return
against the firm by the federal gra
jury The penalty upon convict
will be a fine of $500 on each coun
m.
OF First Primary Candidate.
Ter; The first candidate for nomil
ay ton under the new primary law h
I'd. filed his petition or nomination par
tut and his affidavit with Secretary w.
all Hayward. He is Irwin P. Gore
M. Pilot Mount, Boone county, and he
mt going to be candidate for repres,
tatiye from that county. He will
on the republican ticket and subm
his name to the republican primo
q. election OF next June Under /
-. law 1t was required that his nomil
ton paper be signed by about fl
se voters. His petition was signed
lta about seventy-nine persons.
~, " Des Molnes Plan is Upheld.