Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-23
IOWA RAILWAY COMMISSION
MAKES RULING ON INTER-
STATE SHIPMENTS,
ROADS MUST HAUL COAL
SHIPPED IN OTHERS CARS
Companies Have Been in Habit Of Re.
consisnins Coal Shipped From iIli-
nois-commission Holds Interstate
Shipment Ceased When Cars Were
Delivered on Interchange Track.

Special to Times Republican.
Des Moines, Dec. 23.-The Iowa
board of railroad commissioners today
took advanced ground on a matter of
vital interest to shippers not only of
Iowa but of other states and clearly
defined the difference between state
and interstate commerce under the
Iowa law, giving the broadest posi-
Bile construction to the Iowa law, and
accepting for the board authority in
matters which the railroad companies
have held to be interstate in charac-
ter
The board ordered that the Chicago,
Milwaukee & St. Paul railway should
accept, at Davenport, cars loaded with
coal in foreign equipment and which
had just come into the state, and trans
port the same on the Iowa distance
tariff. 1t is declared that such recon-
signment is not to be regarded as in
terstate commerce. and the company
can not require reloading in it's own
cars
The railway company, having long
accepted reconsignments of coal
brought from Illinois in cars of the
Burlington and Rock Island companies
the reconsignment or billing being by
the Clark Coal and Coke Company,
without previous warning gave notice
last September that it would not do so
any longer and that it would be neces-
sary in the shipment of coal to Iowa
points to reload in the cars of the Mil
waukee company. The matter was at
once carried to the Iowa railroad COM
mission, other coal companies became
interested, and a hearing was had
which brought out all the legal as
poets of the case.
The railway company took the
ground that the transaction was of in
terstate character and therefore the
Iowa commission had no authority
whatever. 1t also took the ground that
if the Iowa law purported to affect such
conditions the law is void and of no
avail.
The commission decides that as a
matter of fact the interstate shipment
cease when the carload of coal was de-
livered to the coal company on the in
terchange track, and that under all
rules of business no requirement as to
reloading coal cars is required, hence
that under all the circumstances the
Milwaukee company must accept such
loaded cars of coal to be sent TO points
along its line under the Iowa distance
tariff.
There is little doubt of the intention
i ~.
and to try to have the ruling over
turned as its effect if sustained would
be to immensely strengthen the state
railroad commissions
The contention of the railway COM
pany that it has a right to require
unloading and reloading of coal in its
/ own cars, was not made as to any
thing but interstate business, but the
decision covered the possibility of a
claim being made that on interstate
business this might be required In
regard to this the decision states:
THE modern thought considers all
railways as one great system, SO far
as the shipper is concerned, and they
are and in the nature of things must be
treated as such. The whole system of
railways and their operation and the
laws which govern their operation and
the laws which govern their regula-
ton are a growth and a development.
New conditions require new methods
of treatment AS a matter of fact
| in these days all freight cars are in
effect pooled. In the actual operation
Of railroads generally no distinction of
ownership is made in the handling of
cars. Modern conditions, in this re-
spect have been recognized by the
railroads themselves In the establish
ment of car service bureaus"
1t therefore follows that it would be
"a monstrous doctrine and incalculable
burden upon the shippers of this state
if it were for a moment conceded that
any railroad operating in Iowa could
require cars to be unloaded and re-
loaded into its own equipment before it
would transport them"
The commission states that while 1t
does not so appear in the case 1T is
probable that the coal shippers have
discovered that by rebilling as in the
past they can save money because the
Interstate rate is greater than the sum
of the two locals, but it says:
"A shipper has the right to keep
himself informed of interstate com.
mission rates and of the state commits
sion rates, both of which are lawful,
and take such advantage of either
as he may deem to be to his interest.
1t is our opinion, in view Of the au-
thorities cited as applied to the facts
in This CASE, that the service demanded
by compliments of the respondent
railway is a purely local service and
entirely within the control Of the legis-
lature Of Iowa and of it's commission"
In addition to the Clark Coal and
Coke Company Of Davenport, there
came into the case the Sunnyside Coal
Company, United Coal Mining Com
pany. Central States Fuel Company
and Shelby County Washed Coal Com
pany.
At the time Of the original COM
plant the Clark company had ten car
loads of coal waiting to be shipped to
points in Iowa and pleaded with the
Milwaukee company to permit their
shipment to customers who had ordered
the same long before the order was
made, but this was refused the com
pany.
The hearing in the case was held
in Davenport, and Senator George Cos
son, special counsel for the state in the
office OF attorney general, appeared on
behalf Of the complainants ana man
aged the case.
The latest In regard to the Office Of
state superintendent is talk that Miss