Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-30
OBJECT TO coal CUT IN IOWA
Roads Seek to En- BIN Railway Com
missions Recent Order.
AFFECTS RATES IN NEAR STATES
Judge McPhersOn and Others sur
prIsed that Operators Are Op-
posed 20 ChanEe-Decfsion
Comes To-day.

Judge smith Mcpherson OF the federal
court was yesterday importuned at Coun-
ell Bluffs by the attorneys for five OF
the Iowa trunk line railroads 90 issue
restraining order preventing the Iowa rail
road commission from enforcing the re-
duction OF rates on bituminous coal mined
in Iowa and shipped to points within the
state.
The revised rates. which are very com
plicated and cover nearly all Of the grades
Of Iowa coal with different rate for each.
are TO go into effect on Saturday. De
oember 81. and the attorneys for 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 % Council Bluffs yes
terday afternoon for the purpose OF con-
sidering their appeal Carroll Wright ap-
peared for the Rock Island, ]. c. Davis
for the Northwestern. George II. Carr for
the Milwaukee. Judge Eaton for the Bur
lington and wTliani ellis. general com
merce counsel for tfle 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 it was discovered that
Byers was not delivered in time for him
to reach Council Bluffs and attend the
hearing.
Order GIYen 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
road traffic managers objected TO this
rate on the grounds that Il was not only
too low 20 permit a reasonable profit on
the Iowa coal business. but il was in con-
flict with the interstate commerce law for
the reason that it would compel read.
justment OF the rates on coal shipped into
Iowa from Illinois and other states ad-
joining il 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
were identical he told the attorneys that
II was needless for them each to argue the
matter; that he would hear any OF them 20
a reasonable length. but would prefer 70
take the petitions and consider the state
ments therein set forth This was agreed
TO 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 a decision early enough
this morning to permit his opinion to reach
Des Moines in time 10 be effective II 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. II was
said that 50 per cent Of the Iowa coal mine
operators were opposed 20 the rate reduc-
i ton ordered by the commissioners. and
4 that the remaining % per cent were not
enthusiastically in favor OF the reduction.
Judge Mcpherson said that he could not
understand this phase OF the case and
regretted very much that the railway
commissioners were not present by counsel
/ to explain this or that the mine owners
who should be pleased with a rate that
would get their product 60 the customers
al less cost had not come forward with
explanations OF their hostility 20 the re-
ducuon.
Z The arguments following this. although
not intended in any measure as an answer.
b declared that the reduced rate would place
+ the coal carrying business in many parts
Of Iowa on a basis 0f actual loss 20 the
railroads. and that the rates were unrea-
/ sonable because they were confiscatory.
I II was manifest that II any order at an
was issued IL would be temporary and an
early date set for the hearing and the
/ evidence 10 be submitted by the railroad
/ commissioners.