Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-05
REslpENrs ON ABANDONED
LINE ENTER PRoTEoT
cldm Company Can Mt Toae up
Tracks and Cease 60 opoeaAe Read
Without First Securing Consent Of
9tako-pioees Amonds Tax Suit Pc.
titien Fer Injunction.
speciaa - Times-Republscan.

the specific consent Of the state grant,
cd thru an act Of tho legislature?
Residents Of Farrar and Lorine, in
northwestern Polk county. are trying
to convince Judge Mcpherson that the
answer must be in the negative They
have raised an interesting question by
asserting, in substance, that there is a
contract in perpetuity between a rail-
road company and the state which can
not be abandoned without the consent
Of the state. which consent is not
given under general statutes. If this
u true then the receivers for the Fort
Dodge Des Moines and Southern, may
have to operate the abandoned New
Junction to Goddard
It was shown the court that while
tho system, with that part Topped off.
can be made to pay. II that section is
operated It will make the whole sys-
tenn unremunerative and bankrupt
THE whole problem, said Judge Nc
Pherson. lis how We are to secure for
the people Of the two little towns the
operation Of q railroad. What sort Of
a decree can be entered that will compel
somebody to carry on a business for
ever at a loss? If anybody can show
me how to help those people. I'll
do It"
The attorneys for the farmers also
question the jurisdiction Of the fed
eral court in any matter of this kind
and also claim that the receivers. as
such, have no right to petition for
tearing up the tracks. Judge McPher-
son spent the day yesterday hearing
arguments.
II have not recommended anybody
for assistant United States attorney
said Col. M. L. Temple when he ar
rived In the city. ~The resignation Of
George Stewart takes effect Feb. l, but
nothing has been done as to his sue
cesor."
It has been customary that when the
matter Of the major iederxi positions
Is disposed of the leading subordinate
places are also filled, but the Iowa
delegation in congress has refused tt
act Unless it does so act the attoi rae,
general will name an assistant upon
recommendation Of Colonel Temple.
Mr.. Stewart, who has resigned, will
not be able to attend court here now
because he is crippled from hard fall
he received at his home In Fort Madi-
SON.
Attorneys for Frank Pierce Of Mar
shalltown in his suit against the state
Of Iowa to prevent collection of taxes
upon the last assessment of Iowa rail-
hov 1aA q n
amendment to their petition for In
Junction in district court, and presum-
ably the case will be tried out some
time this month. Harry Sampson. of
the attorney generals office. on be-
half Of the state, is ready for try-out
on the issues and will contend that
since the assessment is made and the
taxes largely collected and the state
officials acted within their discrstlOn
and not fraudulently, a court can not
disturb the assessment.
Railroad managers and owners will
not give any aid to the attorney gen.
erals, railroad commissioners and gov
errors Of states in their movement to
have the supreme court reverse Judge
Sanborn in the matter Of avowing the
supremacy Of the federal government
in regulation Of rates. The Railway
Age Gazette prints statements OF a
good many railway men on this point
II favor action" wrote President
Nudge Of the Rock Island. "that will
concentrate railway legislation in the
hands Of the federal government and
take away all such authority from the
states, except such as 10 necessary for
police protection" This view. in one
form or another. was given by nearly
all the big railroad men.