Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-02-29
OTTUMWA BRICK G. CONSTRUC-
TION CO. ATTACKS CHICAGO,
MILWAUKEE G. ST. PAUL RAIL
WAY COMPANY.
INJUNCTION CASE
SET FOR MARCH 80
ASKS THAT MILWAUKEE BE
COMPELLED TO SWITCH CARS
At So RATE UNTIL SETTLED BY
COMMISSION


the circuit court of the United States
this city, by the Ottumwa Brick &
Construction company, praying for an
injunction against the Chicago, Mil
waukee &, St. Paul railway.
The brick company asserts that the
Milwaukee Disseminated against it in
the way of switching rates.
The plaintiff is victor in the first
round of the fight, as Federal Judge
Smith Mcpherson Of Red Oak has
issued restraining order against the
railway company compelling them to
deliver and return cars from the brick
plant at the former terminal charges
of SO car. The suit against the Mil
waukee asks for a temporary injunc-
ton at the hearing of the federal
court in Ottumwa March 80, to be In
force until such time as the Interstate
Commerce Commission may reach the
matter and determine the rate to be
paid the railway company by the
brick plant people.
The complainant brick plant in it's
plea for restraint, recites a history Of
their existence in the vicinity of OF
tumwa and business arrangements
that have existed between the com
plainant company and the respondent
railway during that time. They state
that some ten years ago by agreement
between both parties, the brick and
construction company graded spur
or switch line the distance of 1,500
feet at their own expense, to connect
with the railway company's main line
of road leading to and running
through Ottumwa, from their plant.
The railway company put in ties and
rails and maintained thereafter
switch and spur track, using it for
the moving Of cars to and from the
brick plant, either to the respondents
yards or that of other railroads for
transfer There is no other way for
cars to be taken to or from the brick
company's plant except over this
spur.
SO Transfer Charge
From the time the switch was con-
structed until about November, 1906,
the respondent railway charged the
sum of So per car for the switching
or transferring of empty cars from
their yards or those OF the other
roads of the city, to the plant and the
returning of the same, for shipment
over the road on which they were to
be transported. The same applied to
loaded cars delivered by the respond
ent from the yards of other roads to
the brick plant and returned when
empty to the yard from which they
were gotten.
The brick people claim that without
any change in conditions and circum-
stances or any increased expense in
the cost of service rendered to the
brick company, the railway raised its
charge to two and eight-tenths cents
per hundred pounds of the weight
loaded in the cars. In February, 1907,
without any change in the conditions
or decrease in the expense of hand
ling. the respondent railway reduced
the rate to the sum of 81 per car and
the rate remained at that sum until
Feb. II, 1908, when the respondent
railway again raised the rate to two
and 24-100 cents per 100 pounds of
freight transferred to and from the
complaint brick company's plant.
Unreasonable is Claim.
This rate, the brick company claims
is unreasonable and eXtortionate and
will be maintained unless the respond
ent is restrained or enjoined from SO
doing. The carload usually shipped
by the brick company will range from
$4,000 to 10000 pounds and if this
rate of switching charge is maintain
ed, it will make a difference i'll the
cost of $3.50 to $14 Pc car.
The brick company, through its at
torneys, Mitchell & Hunter, petition
ed Judge Smith Mcpherson at Red
Oak Tuesday and secured a restrain
ing order preventing the Milwaukee
company from charging more than S:
a car switching charges. also restrain
ing them from refusing to call for anC
deliver said cars as heretofore The
restraining order was issued from RED
February 25. and was issued from Rec
Oak It states that writ of tempo
rary injun ction applied for by the OF
tumwa Brick & Construction com
pany will be heard in open court a
Cttumwa, Iowa. March 30 at or dur
ing the next term of federal cour
held here
Restraining Order.
The court orders that restrainin!
order be issued, restraining and en-