Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-02-20
Complete Revision of Express
Rates in Iowa Made Compul-
sorry BY Byers Ruling
LONG AND SHORT HAUL RATES
Attorney General Makes Important
Ruling for Railway Commissioners to
Follow Unexpected Situation Is
Brought About in Hearing Set for
Today.
Special to Times-Republican.

Des Moines. Feb. 20.-A revolution
pursuance of an opinion sent to the
state railroad commission by Attorney
General Byers yesterday.
General Byers holds that the long
and short haul provision in the Iowa
railroad law governs express rates as
WE'LL This means that the express
companies cannot charge a higher rate
for certain distance than is charged
for a longer distance. In effect it means
the establishment of the distance tar
if in express rates, the same as in
freight rates in Iowa.
The attorney general holds that the
statute against discrimination applies
to express companies rates as we'll as
to those of railroad companies, and his
opinion would indicate that the COM
panies might be prosecuted for viola
ton Of the railroad rate statute which
went into effect in 1890.
w. l.. Eaton of the state railroad
commission made the inquiry of Cen
eral Byers which brought the opinion
transmitted to the board by the legal
department yesterday. Mr.. Eaton asked
specifically if the statute relative to
the long and short haul and discrim-
inatory rates in railroad freight rates
was applicable also to express COM
panies and their rates.
81 Ohio ,tn
title ten of the code, so far as it af-
fected Commissioner Eaton's inquiry,
follows:
The provisions of this chapter shall
apply to the transportation of passen-
gers and property and to the receiving,
delivering. storing and handling of
property wholly within this state, and
shall apply to all railroad corporations,
express companies. and to any
common carrier engaged in this state
in the transportation of passengers or
property by railroad therein. and
the term transportation shall include
all Observation-Disclosures of shipment or
carriage; and the term railway cor
poration' shall mean all corporations
companies or individuals owning or
operating any railroad in whole or in
part in this state: and the provisions
of this chapter shall apply to all per-
sons, whether Incorporated or other
wise. that shall do business as common
carriers upon any Of the lines of rail-
way in this state, street railways ex-
cepted, the same as to railroad cor
porations herein mentioned"
Chapter of title 10, which was re-
pealed by chapter 116, laws of the
Thirty second general assembly, in so
far as material provided as follows:
All express companies operating and
doing business In this state are hereby
declared to be common carrierst and
all laws. so far as applicable, now III
force or hereafter enacted, regulating
the transportation of property by rail-
road companies. shall apply with equal
force and effect to express compan-
les"
Chapter ZIG. laws of the Thirty
second general assembly, among other
things, after declaring all express
companies to be common carriers, pro-
vdes:
And all laws, so ar as applicable,
now in force or hereafter enacted, reg
ulating the transportation of property
by railroad CO1H pduleS, SHAH Apply
with equal force and effect to express
companies"
Companies Hard Hit.
Summarizing these sections, the at
torney general has Informed the rail-
road companies that:
CHRISTIAN express declaration of
the legislature that express companies
operating in the state are common
carriers.
Second-That all of the provisions
of chapter shall apply to not only
express companies, but to all common
carriers.
"Third-The declaration that the
provisions of chapter shall apply to
all persons firms, companies or asso-
Citations of persons, whether incorpor-
ated or otherwise, doing business as
common carriers, upon any of the
lines of railway in the state.
"Fourth--The declaration that all
laws, so far as applicable, now in force
or hereafter enacted, regulating the
transportation Of property by rail-
road companies, shall apply with equal
p