Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-16
GRANTED No RELIEF
STATE RAILROAD COMMISSION
REFUSES TO CHANGE RATES
AT SIOUX CITY.
SHORT DISTANCE HAUL
HELD SWITCHING CHARGES
Brick Manufacturers at Sergeant
Bluffs Fail to Get Desired EquaIiza-
ton in Rates-state Institutions
Claim Iowa is Being Defrauded in
Quality of Coal.
Special to Times-Republican.

Special to Times Republican.
/ Des Mones, Dec. 16.-The railroad
commission today rendered an import
ant decision in a case brought from
sioux City involving questions of dis
elimination. switching charges and
what constitutes switching service.
Owners of brick industries at Ser
geant Buff on the Northwestern. sew
en- miles from Sioux City, complained
OF discrimination because brick and
olher usiries at North Riverside.
malt as far away, but on the Milwaukee,
were given switching rate of SO per
car, or in some cases / cent per 100
pounds, botn of which rates are far
oeiow the Iowa distance tariff The de-
sire was TO have the Industries at the
two places on substantially the same
! footing
Inc commission declares that it NAV
De conceded that there is discrimin.-
ton, but 1t is not unjust nor unlaw-
lul. because the conditions are not the
sa me.
The handling of the freight at North
riverside has for years been done as
switching service with a switch en-
CINE and crew, and even tho it is nee
essary for precautions to permit the
operation of the trains only under or
ders of dispatcher it is still
switching service and must be so con-
.dered.
Years ago an effort was made in
iowa TO define what is a switching
service, and the supreme court took
a hand in it, but the definitions can
not be made so as to cover all cases.
Complaint was made that the rate
given was contrary to law because it
Is so low. The commission states that
While Iowa has rule for a maximum
rate IT has none for a minimum but
there is no law which forbds estab-
Ashing rates below the maximum, pro-
wang such rate is made uniform un-
der the same circumstances over the
entire line of the railway in Iowa. The
low rate is not therefore of itself I'M
lawful and unjust or discrimination
Having held that it is a switch and
not haul the commission holds that
the rate is not exorbitant nor unrea-
sonabe.
AS for the complaint which seeks
20 secure the same favors for Sergeant
Bluffs from the Northwestern railroad
that are given to North Riverside by
the Milwaukee road, the commission
decides that the charges at Sergeant
Bluffs are legal and reasonable and in
accordance with the maximum sched-
ule of the state and the commission
will NOT diSt,,rh tho
Are the coal companies of Iowa de-
liberately trying to defraud the state
in its coal bills? Are they selling
dirt for coal? How can the state do
any better than the private consumer
in guarding against incombustible stuff
in the coal bins?
These are questions discussed earn
estly by the heads of the state insti-
tutions while here this week When
they compared notes it was found that
at practically every institution there
was cause for complaint because of
the inferior coal palmed off. One SUI
perintendent declared he had kept his
teams hauling three days during the
recent cold snap and they hauled 175
tons of coal. but on the fourth day.
which was Sunday there was not
enough coal in the bins to finish the
day and more hauling had to be done
1t was complained that the coal ope-
rators are putting off on the state a
great deal of dirt and slack, and the
fact that it is done at nearly every in
stitution would indicate some concert
Of action or agreement
The matter is hainer o.a
it may be that coal will be bought from
mines in other states.
An interesting phase of the CORPORA
ton tax question has come to lighr
at the state house. A very prominent
corporation engaged in manufacturing
IN the state and with profits that would
call for considerable tax to be paid
filed notice of dissolution and went out
Of business. Privately it is known that
instead of corporation the business
VIII be done as partnership. This
was done expressly and solely for the
purpose of avoiding the corporation
lax which is soon to be imposed 1t is
anticipated that as soon as the in
quisitors get busy a goodly number OF
Iowa corporations will find this an easy
way out of the bother of figuring out
profits for federal deputies.
$50
The decision Of the supreme court
in the Emmett county case involving the
right of the board of supervisors to
appoint clerk of the courts, will dis
pose of all controversies in the fut-
ure There seemed to be conflict in
the law, giving the authority jointly to
the board and to the judge of the
court; but it is now held that the
court can fill the vacancy only tenn
porarily, in fact can name some one
to "act as clerk" until the board acts.
There is much regret among the
travelling men over the outcome of the
local case in which it was held that
the hotel law is invalid, but there is
real expectation that the case will be
reversed higher up. The leaders in the
movement believe that some of the
reasons assigned are rather minor in
nature. AT any rate it means that the
next legislature will have a guide for
the construction of a,-law ti1at-will hold