Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-24
ASKING FOR GRADED SCALE
OF RATES ON SHIPMENTS
Railroad. Agree to Make Concession
That Would Save Shippers 100000
Per Year, But More is Asked-Iowa
Railroad Commission Makes Sever
al important Rulings.
Special to Times-Republican.

important ever taken before that body
from Iowa. In this case the Corn Belt
Meat Producers Association took the
initiative and the attorney general and
railroad commission joined in. What the
Shippers want is establishment of
zone system with rates graded I'D at a
half cent jump. Finally the railroads
agreed to the system but figured it out
on a basis of cent advances. Now
the whole matter goes before the COM
mission Which is asked to say what is
just and fair. The case has been pend
ing year or more. The concession the
railroads would make would save the
Iowa shippers of stock about 500. 900 a
year and the other figuring would add
$4,000 more. The important thing,
however, which the Iowa and western
shippers would have settled is that the
interstate commerce commission has the
right and power to secure such a re-
form in rates and is able to get it done
within reasonable time. 1t is known,
however, that the commission is behind
year with its work and an early
decision could not be expected.
Recent decisions and orders by the
Iowa railroad commission are regarded
by the shippers as among the most i'm
portant ever made by that body. In
the case involving a controversy at
Sioux Cit, over North Riverside and
Sergeant Bluffs shipments the char
acter of a switching service was de-
c1ded, also that discrimination might
not be Illegal even tho conditions seem
ed to be nearly equal. In the Daven-
port case involving coal shipments the
commission went very much further
than ever before in the matter of de-
fining the difference between interstate
and interstate sf1ipm If this view
/ is sustained it will flo a long way
toward making it possible to avoid the
conflict between state and federal
! laws.
/ In fact. as between these various
cases in the state and at Washington
| ii is the belief of shippers and the law
yers interested in the matter that
long step is berg taken in the direc-
ton Of convincing the public that it is
possible to regulate rates and secure
business to all interests.
In a case from Wright county Judge
Wright had given an instruction which
had the purpose of warning the jury
not to take into consideration any
| thing but the evidence as given on the
| trial of the case. The supreme court
of Iowa took the ground that this in
| struction was subject to an interpre-
tation which would not do justice to
| the appellant in the case, and it was
one of the grounds of reversal. Where
upon Justice Weaver in a dissenting
| opinion, delivered an interesting SER
mon on the question of affording a
fair trial He said:
That the right of an accused per-
son to fair and impartial trial is a
sacred one l freely concede, and when
on his appeal to this court the record
discloses any error or abuse of discre-
ton whereby that right has been in
vaded or abridged, a reversal should
unhesitatingly follow. But in thus as
surfing justice to the accused we should
be equally careful to avoid unsettling
the safeguards with which the law has
attempted to surround public interests.
Judgments of trial courts entered af-
ter full hearing of the testimony of
witnesses examined in the presence of
the jury and under the most favorable
circumstances for testing their credi-
bility and ascertaining the truth of the
matter in issue, should not be disturbed
for trivial reasons"
Justice Weaver makes plea for Civ
ing the jurymen wide latitude in APP
plying their common sense to each
case, and then:
Each individual judge must, to a
greater or less extent, leave the i'm
press of his individuality upon the rec
ord of every trial over which he pre-
sides, and it is neither possible nor
desirable to avoid it; and while each
must conform his rulings and instruc-
tions to sound legal principle he should
not be controlled in his selection of the
language by which that principle is ex-
pressed. David could not fight tn the
armor of Saul, and doubtless Saul
would have made poor showing as
an expert with David's sling. The law
: does not consist In set phrases which
we find empaimed in the solemn YER
biage of text writer's and court re-
porters. The idea, the principle, is the
, essential thing and if it be stated ir
such form as to be comprehended by
the jurors an instruction is not oper
to criticism because it is couched ir
language we might not have employed
for the same purpose. Tried by thi,
standard, there is, in; my opinion, M
prejudicial error in the charge given By
the trial court. The prosecution con.
] cededly made a case upon which i
was entitled to go to the jury, and
can not avoid the conviction that w,
are setting aside the verdict and un
doing the work Of the trial court o.
very unsubstantial grounds.
County Treasurer Dobson will reckon
up in about week the profit to Poll
county by reason of the law reuuirinf
that county funds be put out at inter.
= est. He says the amount will be sur.
:, prising. He adopted the system befor'
:. the law was passed, and in fact h,
made his campaign on promise tina
he would do so, and he already had
record Of urging that 1t be done. II,
states that the next step will be to re-
quire that all school money be kept II
banks that will pay interest on tn,
same. and as soon as this is done tn
abolition Of the school treasurers in al
small districts will be easy.
Edward r. Mason, the organizer Q