Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-04-26
Special to Times-Republican.

the various rate cases in court which
is, to say the least, embarrassing to all
who are deeply concerned over the out
come. 1t arises chiefly from the fact
that the law in regard to the matter is
not very clear
1t was announced soon after the ad-
journment of the legislature that the
new commerce counsel would confine
his duties to matters affecting state
rates and other issues to be heard be-
fore the state railroad cimmdsSion. This
was contrary to that which had been
supposed was the purpose of creatin 6
the new office, but it was supported oy
the law which the Legislature passed.
This left the interstate cases to be
prosecuted before the interstate COM
merce commission by the raiload com
mission itself, as in the past. with the
attorney general duly constituted The
attorney for the board in such mat
tiers; also the appearance in state and
federal courts by the attorney gen.
eral
Attorney General in Charge.
Preparation was commenced for the
rates That case had been handled
lIOul lue ny Lie OitlSc "a q l.
torney general. in fact no case had
ever taken SO much of the time of At
torney General Byers as this one, and
altho Willard Eaton, the attorney
member of the board, was splendid
attorney he did not hesitate TO turn
| this and other matters over to the at
torney general. The Injunction asked
for was against the attorney gen.
!
railroad commission and others; hence
Il vas incumbent on Attorney General
I Cosson to take hold of the case.
But Mr.. Thorne, OF the commission,
who remembered that Governor Car
roll and the executive council had
tried to prevent him from having his
expenses paid in another case in
which he appeared as a member OF the
railroad commission, insisted that the
record should be made plain as to his
connection with the lawsuit. Accord
ingly a res olution was spread upon
the record making him attorney for the
board in The Cases in federal curt.
This was satisfactory all round; ana
Mr.. Cosson, Mr.. Thorne, Mr.. Byers, MT.
wrightmay and Mr.. Lewis all went
to work on the case.
Case Well Managed.
The case had thus far been ad-
rnirablv managed and fought thru the
courts, and the plan was for all to go
to Davenport on Tuesday and resist
the effort to secure permanent IN
junction. But on Sunday, without the
knowledge of either of the other law
yers in the case. Mr.. Thorne got into
touch with Judge Mcpherson over the
'nhone and arranged for the continue
ance of the case, and also arranged TO
go to Davenport to take care OF the
matter.
It then developed that the resolution
spread upon the record by the railroad
commission provided that Mr.. Thorne
should take full and complete charge OF
all the cases pending. and this had been
interpreted to mean that he was to SUI
persede the attorney general But the
attorney general was himself a party to
| the case, and by law was obligated to
appear in the case. 1t was seen at
once that there would be trouble If the
case went into court with two heads
working perhaps along different lines.
Law Not Specific.
The trouble appears to have risen
! entirely over the failure Of the law to
be more specific as to all these cases.
| The railroad commission was, few
| years ago. made prosecutor OF inter-
state cases before the interstate COM
mission, and this has not been changed.
But the attorney general is also re-
CURED to act as the attorney for the
commission in such cases. AS for the
cases in the state and federal courts,
appealed from the orders OF the COM
mission, it has been heretofore the rule
that the attorney general should appear
! for the board just as he appears for the
governor, executive council or other
body. But because Of Mr.. Thorne's