Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-12-24
SHIPPERS UPHELD
Davenporters Win Fight Before
the Iowa Railroad Com
mission.
AFFECTS MILWAUKEE ROAD
Company Ordered to Accept Freight
from Other Lines and Reconsign
Without Reloading.

Shippers of Davenport have for some
time been engaged in fight which in
terests Rock Island shippers also, their
object being to force the Milwaukee
road to accept freight in the equipment
of other roads and reconsign it with
out reloading into the Milwaukee's own
cars. The question has just been de
cided by the Iowa railroad commission,
which takes jurisdiction, and declares
that the matter is not an interstate
one Therefore an order is issued
which gives the Davenport shippers
what they have been contending for.
OF course, this does not affect ship
ments delivered to the Milwaukee on
this side of the river, but if sustained,
may pave the way for similar stand
by the Illinois commission in similar
cases. A Des Moines dispatch tells of
the case, as follows:
The Iowa board of railroad commits
sioners has taken advanced ground on
matter of vital interest to shippers
not only of Iowa, but of other states,
and clearly defined the difference be-
tween state and interstate commerce
under the Iowa law, giving the broad
est possible construction to the Iowa
law, and accepting for the board au-
thority in matters which the railroad
companies have held to be interstate
in character.
Coal Commodity Involved.
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. It is declared that such re-
consignment is not to be regarded as
interstate commerce. and the company
cannot require reloading in its own
cars
The railway company took the ground
that the transaction was Of interstate
character and therefore the Iowa COM
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
ceased when, the carload of coal was
delivered to the coal company on the
track, and that under all
rules of business no requirement as TO
coal cars is required, hence
that under all the circumstances the
company must accept such
loaded cars of coal to be sent to points
along its line under the Iowa distance
tariff.
Covers Possible Contention.
The contention of the railway com
pany that it has a right to require
and reloading of coal in
its own cars, was not made as to any
thing but interstate business, both the
decision covered the possibility of a
claim beinb made that on interstate
business this might be required. In
regard to this the decision states:
The modern thought. considers all
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 regulation
are a growth and a development. New
require new methods of
treatment AS a matter of fact, in
these days all freight cars are in eff
feet 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
nent of car service bureaus"
The commission states that while it
does not so appear in the case it is prob
able that the coal shippers have dis
covered that by rebilling as in the past
hey can save money because the in
-erstate rate is greater than the sum
Of the two locals. but It says:
May Take Advantage.
"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
ne may deem to be to his interest. It
IS our opinion, in view of the author
ties cited, as applied to the facts in
his case, that the service demanded
by compliments of the respondent
railway is purely local service and
entirely within the control of the leg
stature of Iowa and of it's commits