Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-01-13

attitude on behalf of the commission
on that subject.
:, am supremely confident that neith-
er Of the parties whose names have
been mentioned will differ with me as
to what actually transpired at Chicago,
nor will believe until hear it from
their own lips that either of them will
claim for a moment that there was any
misunderstanding between us or that
there was even a shadow Of unfair
ness or improperly on my part.
No Stipulations Made.
I have been compelled to give these
details in order to properly answer one
phase of your question, andthat is the
language Ito agree to stipulations that
take the ground out from under the
suit" In the first place no stipulations
We're made. never had a word of con-
versation with any railroad represen-
tative upon the subject of hog rates. In
the second place, the hog rate was no
part of the ground of the suit" 1t was
simply included upon the theory that
"a lawyer never makes mistake IN
making enlarged claims. 1t never had
been seriously contended in my pres
ence either at our hearings or in con-
versations or at the hearings before
Commissioner Prouty, that the hog
rates were unreasonable. and 1 venture
to assert that it is not now so claimed
by anybody.
1t ought to be understood here, how
ever, that a recent slight raise had been
made on the interstate hog rate which
affected certain stations in eastern Iowa
which the complainant believed ought
TO be restored to the old rate. The the
Dry of the change was claimed to be
that of equalization of rates. we had
no disagreement upon this point, now
ever. nor had any phase of this chanSe
I of rates been presented to our commas
sion and it was my understanding that
there was no objection to their restora-
ton.
A simple statement of the attitude of
all the uarties III the time of the un-
derstanding which was arrived at IN
Chicago was that our commission at
that time did not wish to assume the
attitude of asking for a lowering OF
the hog rates. because it did not believe
they were unreasonable and did not
believe the application would be grant
ed.
The Corn Belt Meat Producers AS
ISOLATION did not desire TO have our
position either made q matter of rec
ord or stated to Commissioner Prouty.
In Difference to the theory of counsel
for complainant, at his request l
agreed so far as it was in my power
that the commission would remain 81
lent upon that question and permit the
complainant to handle its own case In
its own way.
You ask: as this the sort of record
Mr. Eaton. as a lawyer, is willing %
stand on before the bar of the state?'
Cites Record as Lawyer.
/ beg to assure YOU that my record as
a LAWYER is written upon the records OF
nisi prius and supreme court OF TINS
5 state, in the journals of the house ano
: upon the records of our commission
, and the contemplation of this RECORD
gives me great satisfaction. This rec
ord does not depend upon anything tha
: has taken place. in this case, and an
J, not only willing, but eager to be judged
5 by the bar of the state by my conduc
: as above stated.
E On my return from the Chicaso hear
T ing the second time, the question as u
g the attitude of our commission upol
the hog rate. particularly as affects
t by the contention of the packers
v Iowa, arose before the board. The boar
d was unanimously of the opinion that II
r position had been correct from the be
@ ginning as to the hog rate. dreN
d the resolutions which were adopted b
the board on Nov. 3. / endeavored i
: those resolutions to make our poslto
a plainly matter of record If you WI
Il carefully examine these resolution
q you will find that they are perfect
!, consistent with the constant attitud
of the commission.
They were adopted solely for the pur
h pose of informing the attorney genera
in an official way of our attitude upo
= the subject and intended for him an
him alone / supposed it was CAREFUL
understood, not only by every membe
:. of the comm ission but by the secretar,
:, that those resolutions We're neither I
:. be furnished the railroads, the Cor
= Belt Meat Producers Association, nc
the press.
The sole reason for their passage g
- stated by me at the time was that "
must keep faith with the Corn Be
u Meat Producers Association and
Il nothing which in their judgment migi
iniure thsir case With that cles
~ understanding at the time of the pa:
10 sage OF the resolutions, my person
- knowledge ceases.
l. No man was more amazed than m.
y self when | learned from the attorn,
IN general on Dec. 10, 1909, that in son
way these resolutions had got into Il
&c hands Of the interested railroads al
- had been printed in their briefs.
lg 1t is true that on their face thu
ne simply showed that they were intend'
lie as instructions to the attorney gener;
ld but in the body of the resolutions w
a clear statement of the attitude
the Iowa commission as to the h.
r rate. ] learned that the Corn Belt M
L. Producers Association was accusil
- the commission of bad faith in furnis
- ing a copy of the resolutions to t
a.. railroads and not furnishing them
:: copy.
Leak in Commission.
1t seemed on the face of things to
true that the railroad commission h
= been guilty of precisely the conduct
which it was accused, and whether tr
or false. the effect was the same. 7
u. ~ railroads had been informed of tn
us passage and procured a copy presul
%. ably from Mr.. Boardman the attorn
nc of the packera. The Corn Belt Me
&C. Producers association had not been
mn formed of their passage and KIN
w nothing about them.
oi, When j leaned of this fact imme
NJ atcly investigated. / found that
" M r1hay of "a ,;cei no