Twice-a-week plain dealer., 1908-11-03
owa r. r. Commission Tested.

Iowa r. r. Commission Tested.
Des Moines.-A case national In its
interest and scope in that it is the
first action before the federal commits
sion under the Hepburn act of 1896,
is scheduled for the present month
The action involves the charge of thir-
ty cents levied against each passenger
on all trains crossing the railway
bridge between Dubuque and East
Dubuque-a practice that has been
Dubuquea-a practice that has been
in vogue since the bridge was built.
On Feb. 4 Attorney John R. Waller
OF Dubuque filed complaint with the
Iowa railroad commission requesting
them on behalf of the state of Iowa
to take action before the federal
commission to prevent further dis
crimmination in passenger rates
against Iowa points and for a reduc-
tion of the rate of 80 cents for cross
Ing the Mississippi at Dubuque. Since
then the machinery of the Iowa COM
mission and Of the interstate COM
merce commission have been active
and the case will furnish an excellent
test of the effectiveness Of the COM
mission plan of controlling passenger
rates. being, as stated, the first case
to come before the commission under
the Hepburn act.
During the preliminary stages of
the action and after thorough investi-
cation of the facts and upon consul
tation with the governor and the at
torney general, the Iowa commission
announced it would proceed against
the roads using the toll bridge at this
place. under recent act of the legis.
lature. In compliance with the act
notices were sent to the railways in
the question-IllinoisCe Central, c. B. &
@. and Chicago & Great Western
setting forth the terms Of the com.
plant and urging upon them the
necessity of changing the alleged ex-
cessive and discriminating toll.
The roads In effect ignored the Pc
tition to lower the toll rate complain
ed Of and on Aug. 5 action was
brought before the interstate com
merce commission at Washington
In turn the federal commission sent
notice to the Iowa board to be served
on the railroads in question and
which they were compelled to and
which they did answer in twenty
days. These answers now are filed
with the commission and all parties
are notified that the hearing will take
place Oct. % at the federal court room
In Dubuque. The procedure Is the
same as in an ordinary civil suit. save
that the commission acts as courl
and jury. Witnesses are examined
and arguments made orally before
the commission. The body has the
power to subpoena witnesses and or
der the production Of books, paper.
or other documents from any plac,
In the United States. After the hear
ing, If the present rate is found t.
| be excessive, the commission will
| establish reasonable rate and fur
ther discrimination against loca
points in Iowa will be prevented.
New Amendment To Be Voted On.
The amendment to the constitution
of the state of Iowa. which is to b,
i submitted to the popular vote of tn,
people at the November election, ha
been certified out to the county audi
tors of the state by Secretary o
State Hayward. The proposed amend
ment is to section eighteen of articl,
one Of the constitution and provide
for the taxation and condemnation o
lands for the purpose of drainage l
follows: ''The general assembly, how
ever, may pass laws permitting tn,
owners of lands to construct drains
bitches, and levees for agriculture
sanitary or mining purposes acros
the lands Of others. and provide 70
the organization of drainage districts
vest the proper authorities with. powe
to construct and maintain levees
drains and bitches and to keep In re
/ pair all drains, bitches and levee
heretofore constructed under tn
laws of the state. by special assess
ments upon the property benefite,
thereby. The general assembly ma,
provide laws for the condemnation o
such real estate as shall be necessar
for the construction and maintenanc
of drains. bitches and levees, an
prescribe the method of making sue
condemnation
klrkwood Library Given to State.
Mrs. Samuel j. Kirkwood, widow Q
Iowa's war governor. has presente
her late husbands splendid library
embracing several thousand volumes
to the State Historical society. Walt
]; able correspondence of Governo
Kirkwood. when President Garfield
secretary of the Interior. is containe
in the collection. A biography q
Kirkwood will soon be started by th
Historical society.
A thorough investigation of th
city's milk supply is being planne
by the newly organized Des Moine
Tubercular league, as the first NOV
in its war on the white plague. Ge
D. Whitaker, assistant in the dair
division Of the United States depar
nent of agriculture, will conduct tt
investigation. In its campaign Il
pure milk the league will have tt
cooperation of the city health d
partment which Is already workin
along the same lines. 1t Is planne