Omaha daily bee., 1910-12-31
Council Bluffs.
OBJECT TO COAL CUT IN IOWA
Roads Seek to EnJoln Railway Com
missions Recent Order
AFFECTS RATES IN NEAR STATES
judge McPherron and Others sur
prised that Operators Are OPP
posed TO CHARACTERIZATION
Comes Today.
AFFECTS RATES IN NEAR STATES

Judge smith Mcpherson Of the federal
court was yesterday importuned at Coun-
ell Bluffs by the attorneys for five of
the lowe trunk line railroads TO issue
restraining order preventing the Iowa ran
road commission from enforcing the re-
duction Of rates on bitumlnous coal mined
in Iowa and shipped TO points within the
state.
The revised rates which are very com
pllcatcd and cover nearly all Of the grades
Of Iowa coal with different rate for each
are TO go into effect on saturday, De
cember g. and the attorneys Tor the Iowa
roads. which carry practically all OF the
coal mined within the state, the North
western, Burlington, Rock Island, MIL
waukee and Great Western. asked Judge
MCPHERSON to come to Council Bluffs yes
terday afternoon for the purpose Of con
sidering their appeal. Carroll Wright ap-
peared for the Rock Island, J. c. Davis
for the Northwestern, George H. Carr Tor
the Milwaukee, Judge Eaton for the Bur
linRton and william Ellis, general com
merce counsel for the Great Western, rep
resented the Great Western railroad.
Through a Misunderstanding the Iowa
commissioners were not represented by
counsel. and in response TO inquiries By
Judge Mcpherson Il was discovered that
the notification sent to Attorney General
Byers was not delivered in time for him
to reach Council Bluffs and attend the
hearing.
order Given This Month.
On December Of the present month,
! the Iowa railroad commissioners promul-
gated a new rate affecting the shipments
Of Iowa coal to all points within the state,
making a material reduction. The rail-
- to
rate on the grounds that it was not only
too low TO permit a reasonable profit on
the Iowa coal business, but It was in con-
| flict with the tnte1state commerce law for
| the reason that IL would compel a read
justment OF the rates on coal shipped into
Iowa from Illinois and other states ad-
joining It except in cities located at the
border touching the states where the ship
ments originated.
! Each railroad presented a big petition
! representing its contentious, but when
Judge Mcpherson was informed that all
we're identical he told the attorneys that
Il was needless for them each to argue the
matter; that he would hear any Of them to
a reasonable length. but would prefer to
take the petitions and consider the state
ments therein set forth. This was agreed
70 after Mr.. Wright had made whatever
explanatory statements deemed necessary.
Judge Mcpherson placed the bulky docu-
ments in his capacious overcoat pockets.
saying that he would read one of them
on his way to his home at Red Oak last
evening and reach decision early enough
this morning TO permit his opinion to reach
Des Moines in time to be effective IL he
decided that restraining order was desir-
able.
Claim Operators Oppose.
One statement made by the attorneys for
the railroads caused an exclamation OF
surprise from Judge MCPHERSON 1t wa
said that 80 per cent Of the Iowa coal mine
operators were opposed to the rate reduc-
ton ordered by the commissioners, and
that the remaining % per cent were not
enthusiastically in favor Of the reduction
Judge Mcpherson said that he could moi
understand this phase Of the case and
regretted very much that the railway
commissioners WeTe not present BY oounss
TO explain this, OF that the mine owner
who should Do pleased with n rate tina
would set their product TO the customer,
! at less COST had not come forward viii
explanations Of their hostility to the re
duotion.
The arguments following this. although
not intsndod In any measure as an answer
declared that the reduced rate would plao,
the coal carrying business in many part
0f Iowa ca = hNAs Of actual loss 10 th,
railroads, and that the rates were VareA
S0aAeas because they were eoRGseatery
n wAs manifest that II any Order at al
vas Issued Il would be temporary and al
early date set roF the hearing and "a,
evidence ~ be submitted by the railrea,
oonalsllssleiSerA