Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-22
BETTER ENFORCEMENT OF DE.
MuRRAGE RULES RELIEVES
SITUATION THIS YEAR.
IOWA TAKES PROMINENT PART
in COMMISSIONERS MEETING
Plenty of Cars in Country If They Are
Not Permitted to Stay IdIe-Former
Iowan. E. w. Lehman, Considered
For Place on> Supreme court-Rink
Saloon Decision Declared Of No Force.
Special to Times-Republican.

Des Moines, Nov 22.-The car serv-
ice appears to be in fair way of set
tlement without resort to any recip-
rocal demurrage rules or law. There
has been but one complaint to the Iowa
board the past year of failure of the
railroads to furnish cars promptly;
vet according to the statistics COM
piled and published by the interstate
commerce commission the shortage of
cars at this time is in fact greater than
at any time for more than two wears.
Commissioner Eaton. of the iowa
commission, reported to the national
convention of railroad commissioners
last week the proposed uniform rules
and regulations in regard to car ser
vice and demurrage. Mr.. Eaton was
the only western member of the COM
mittee and it is stated that his promin-
ence on the committee was largely due
to the fact that Iowa is one of the few
states having no reciprocal demurra ge
law, but having commission which
has always given the matter, a great
deal of consideration. The plan is to
nave all the states adopt rules under
winch the time a car may be held is
limited. In the eastern states a car
may be held at a warehouse two days
without penalty While in the west the
time is shorter. Uniformity is sought
to the end that all cars be held as little
as possible for loading and unloading.
n ma -, i, IL,
almost entirely to the better enforce
ment of demulTage rules that the car
shortage is not now felt. They say
there are cars enough in the country if
only they are not standing on sidings.
The last legislature passed a demur-
rage law, or rather modified the Iowa
code in regard to the duty of a carrier
to provide service, placing the duty of
proof upon the carrier in case of fail
ure to furnish cars: but the railroad
men state that there has been no oc-
caslon Whatever for testing this new
phase of the law. and they do not be-
lleVe there ever will be. The very fact
OF the rule Of law having been changed
in the code will largely dispose of all
I trouble
|
murrage question was clearly the most
important one considered, and the fact
that an Iowa commissioner was chosen
to make the report shows the promin.
enee of this state in all matter affect
Il ing regulation of the transportation
Mr. Eaton and Mr.. Palmer are both ex
pected home this week.
information comes from st. Lou::
that President Taft has been makins
an investigation of the qualifications O
Frederick W. Lehman for a place OF
the United States supreme bench t,
succeed the late Justice Peckham. !
is not thought possible that anothe
judge would be selected from tn
Eighth circuit: but among the lawyer
of Des Mones who We're in the practice
while Lehman lived in Des Nome
there is no question about the eminen
fitness of the st. Louis man for tn
place. In fact many of them regart
Fred Lehman as one of the most bril-
liant men of the west.
The state supreme court passed owe
until the next term the case of Schult
vs.. Parker. from Sac county, involvin,
the anti-pass law in Iowa. Attorne.
Central Byers was compelled to be alb
sent in Council Bluffs and the argu
ments have not vet been completed
##
1t would be difficult to avoid seems
some slight political significance Il
one of the decisions of the Iowa cour
last week. 1t was the case of Rim
VS.. Bollinger from Scott county. TIL
decision was of little Importance, fror
the fact that since the case was starte
the legislature has acted in such wa
as to render tine principles of no con
sequence. Rink was under injunctio
for violating the liquor law and agai
qualified for running a saloon. Judg
Bollinger held that he would have t
go out and secure an entire ne,
general petition of consent even tn
the present petition was good as t
all others. Judgel McClain was give
the case to prepare the opinion of tn
court and in an exhaustive opinion h
showed how utterly ridiculous was TIL
| =