The Leon reporter. (Leon, Iowa) 1887-1930, 1908-11-26
IT Can ORDER DEPOTS
State Railway Commission Holds 1t
has Power to Order Depots. A
Chance for Leon Now.

OndHCG LOT leon NOW.
The Iowa State Railroad commission
last week made sweeping decision in
regard to the powers of the commission
to order railroads to erect and maintain
new depots. The case arose over the
effort of the Commercial Club OF Des
Moines, to compel the Rock Island road
to build and maintain new depot at it's
east side station in that city, and the
commissioners have ordered that new
depot be completed on or before March
1st.
1t would be a good thing for the Leon
Commercial Club to take this matter up
with the railroad commission in regard
to compelling the Burlington road to
build a new depot at Leon. The pres
ent depot is little frame building, en-
tirely inadequate to the needs of the
public. There is but one small waiting
room and on stormy days it is not near
large enough to accommodate the de-
parting passengers and those who
transfer from one train to another.
Neither are the freight facilities large
enough, as frequently there is not room
on the platform and in the freight room
for the freight which is received and
shipped from this station. 1t is up to
our citizens to take this matter up and
it looks to us as if there would be no
trouble in securing new depot in view
of the commissioners decision.
Another thing that should be taken
up with the commission is the matter of
compelling the Burlington road to make
their connections at this point. Last
week on three different days the Des
Moines train pulled out from four to
twelve minutes before the arrival of the
train from Kansas City and st. Joe, and
each day there were u number of pas
sengers for Des Moines and points be-
yond who expected to make direct con-
nections at Leon. The company should
be compelled to hold their connections
at least reasonable length of time and
not run train off just minute or two
before the arrival OF a connecting train.
In the Des Moines case the following
particulars are taken from the Register
and Leader of last Friday.
| The state railroad commission in it's
decision ordering a new Rock Island
depot built in East Des Moines holds
that the board has full power over the
established stations of railroad com
panies, and can require new structures
to be erected when the accommodation
of the public requires.
1t reaches this conclusion through
careful consideration Of the statute reg
niatlng the power of the board. 1t de-
lines, first, what a railroad station i3.
"a place where railroad trains regular
ly come to stand for the convenience
OF passengers, etc, is in contemplation
of the law a railroad station" decides
the board.
The commission is, by express grant,
authorized to require IAN addition to or
change in such station where it is
reasonable and expedient in order to
promote the security, convenience and
accommodation of the public"
Therefore the board reaches this ex-
preston of the extent of it's power over
depots and stations:
The general powers given to this
board by section 2113 of the code, grant
full authority to order any change in a
station or station house of railroad,
including the erection Of new station
house, where one has been destroyed or
abandoned, and the erection of a station
house where none already exists, which,
in the exercise of proper discretion, it
tlnds reasonable and eXpedient, in order
to promote the security, convenience
and accommodation of the public.
The railroad company denied the
power OF the board to order a new
depot or change in the old one. 1t
claimed that the statutes of Iowa do
not confer upon the board of railroad
commissioners authority in the prem
lses; that even though such power were
conferred upon the commissioners the
circumstances would not justify the
commission in making an order for a
new East Des Moines depot for the rea-
son that said respondent furnishes depot
faculties at this time adequate to the
needs OF the city of Des Moines; and
that the commission in no event could
have the power to compel the respond
ent railway company to stop it's trains
engaged in interstate traffic and inter-
state mail"
In view Of this contention the square
ly opposed holding of the commission is
of wide Importance.
The railroad commission has entered
an order-received by The Register and
Leader Notwithstanding the Rock
Island company to erect new depot in
East Des Moines before March 1.
Under it's Interpretation of the law, the
| SOuAu AOU dUduuOl Uu0 SUdU1OO
as it claimed to have done.
After hearing the evidence on both
sides, the commission found the follow
ing additional facts aside from those
agreed to by the parties:
That at the time Of the filing of the
application, the wooden depot mention
ed in the foregoing statement, was still
standing, although not in use, and same
has been removed by the respondent
railway company since the. commence
ment OF this proceeding.
That there is not now and has not
been for some years, platform at said
depot for the purpose Of loading and un-
loading passengers, but that the COM
pany has placed cinders in the place of
the platform, for the purpose of making
the same dry and passable.
That the respondent railway company
has published since 1908, and still con-
tinues 30 to do, in it's regular time table,
station at East Des Moines, and still
continues to stop it's local trains at said
station, and receive and discharge pas
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