Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-12-31
JUDGE MCPHERSON REFUSES TO
REMOVE DIERp FROM ALBA
& cENrERviLLE LINE.
BOTH COMPANIES PERMITTED
TO OPERATE TRAINS
Central and Southern Traction Com
pany to Use Road Until Financial
Differences Are Settled - Service
Must Be Adequate.

Red Oak, Dec 31.-By the terms Of
the order of Judge Smith Mcpherson
of the United States district court,
which was prepared by the Judge here
and will be filed in Des Moines. both
the Iowa Central and Southern Iowa
Traction Company. the latter being q
successor of the Abba & Centerville
Railway Company, will be allowed to
operate on the line between Abba and
Centerville, each company furnishing
its own rolling stock The incidental
and opera ting expenses are TO be di-
vided between the two companies until
the differences of the quarreing trans
portation concerns can be adjusted sat
isfactorily either by agreemen or court
finding.
No Priority Given.
Neither company is given priority
of rights in the disputed zone, and II
they fail within five days TO agree as
to train schedules and other details OF
opera ton the court will issue ORDERS
these matters. Either or ooth
will carry mails IN accoFo-
ance with the orders Of the posso1Hce
department, and should either ran 20
give efficient service in this or pas
senger and freight service to the pubic.
the cour, declares it will see that such
service is provided.
Aside from these notifications. the
former orders of the court appointing
w. G. Bierd manager OF the Iowa cen
trail as receiver and restraining ne
sotiations between the Abba and Cen
terville Company and its successor the
Southern Iowa Traction Company VIII
stand. the motion Of the defenda nts
that these orders be vacated being de-
MED and their objections to the per-
sonality OF the receiver overruIeo.
Hearing Before Henry.
The issues of case will be deter
mined in series Of hearings before
Master in Chancery George F. Henry
of Des Moires. the hearings to be held
at Abba. Centerville and Des MONIES
by an agreement between the parties.
Preceding the issuing Of the order
Judge Mcpherson reviewed the causes
of controversy, the review covering
seven sheets Of foolscap. The review
goes back to the organization and
building of the Abba and Centervihe
line in 1898 by the late Governor Drake
and the late fSuSSell SAGE. All A1S wynn
ion the jurist dwells upon the neces-
sity of insuring service to the public
before the interests Of private stock
holders are considered,
Other Roads Interested.
The suit against the Abba & Cen
terville, which is a small road over
about twenty five miles OF line, was be-
gun by the Iowa Central. The Abba &
Centervile has no rolling stock and the
trains over its line were being run by
the Iowa Central. The latter road was
accused of overcharging for supplies
and service. and the smaller concern
claimed a debt of $1500O0. The Iowa
Central however. asserts that 1t has
$40 900 coming instead Of being in debt
and fled a suit to prevent the sac Of
the Abba & Certervi.le to the holding
company.
The Abba & Centerville asserts that
1t can get rolling stock from the Bur-
!ington. 1t is believed that both the
Burlington and the Rock Island are In
terested in this dispute over a twenty
five mile line and that other big roads
may be anxious TO get possession Of It.