Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-07
NO SPECIAL FAIR RATES.
fSioux CITY .IourraI,

My JCQfna4.
iowa railroads will not be compelled
J" s1sht excursion rates toslhe state
lail this year. The Sioux City hope Of
ee.hs aole to command bargain rates
ios -'he interstate Livestock sair nex,
appears TO have been ill based.
IA iaet there will be no compulsory
atioh rates in Iowa if the de-
.sion OF the federal court at Council
S.ohs Is sustained By the United States
... court. Whatever the final
eoi'e OF the case may be. there is
this year. 'ales
The law whose inadeauacv ba. inc,
n proclaimed at Council Bluffs was
Wy the late genera! assembly
eapi'shed rate OF II. cents a
ior All fairs and expositions where
Tue palo attendance the previous vea,
amounted TO $4,000 or more. Fo, Viii.
year the law applied only to the state
ar az i'es Moines. 1t has been ex-
however, that the attendance
AZ me Sioux City fair would PASS The
'o'VoV marx this year and tina, the
1 peiai rate would apply to the Sioux
iaH next year. Eight railroads
oo'ecteo "hen the state railroad COM
mission instructed them to advertise
.ae ne" rate for the Des Moines fair.
ne roaos went into the federal court
10 secure an Injunction restraining the
STATE authorities from enforcing the
ieauceo rates The case was heard az
Souhcii Bluffs by Judges Smith, Nc.
fherson and Van ValkenberK, who
were unanimous in agreeing that a
temporary injunction should issue.
ne report from Des Moines is that
the case will be appealed.
me railroads did not contend that
ehe 20 per cent reduction in fair rates
"as conhscatory. Instead they denied
inc right OF the legislature to regulate
rates aside from the maximum rates
ALREADY established by law. They also
COMMENDED that the granting OF special
transportation favors to Des Moines
on account of the fair would be dis
criminatory against oener iowa cities
The court upheld both contentious .:
the carriers.
The legislature has established Z
cents a mile as the reasonable maxi
mum passenger fare in Iowa. The
railway mana cement has the right te
reduce or com mute this maxim un
rate. The attempt of the legislature
TO do 30 is held by the court to involve
a power that is more managerial thar
regulatory. The court did not lesitate
to declare the opinion that the state
can not exercise the right to reduce
maximum rates to a fair return based
upon investment and earnings, anG
still insist upon the same gratuities
voluntarily granted by the carriers
when left in undisturbed control o.
their property"
| While lack OF power by the legisla.
ture Is given as the main reason TO,
invalidating the law. the court uphold.
the railway contention that II put int
effect the special rates to Des Nome,
during fair week would be discrimi.
natory. 1t is pointed out that any
visitor to Des Moines during fair weei
must be given the reduced rate wheth.
er intending to attend the fair or not
The effect would be to give Des Nome.
1obbers and merchants an unfair ad
vantage as compared with other lows
trading centers. While the advantag,
would be but temporary, the cour
holds II to violate the antidiscrimina
ton principle as effectualIy as II i
were permanent.
taken by Judges Smith, Mcpherson ant
Van Vaikenbery viii &c sustained ::
the supreme court. It Is obvious tina
II the state Legislature be granted tn.
right to make special rates to certail
} communities. on certain occasions AM
I'D: .HSsss:S jS:sS;ssssataneeA that