Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-24
RAILROAD COMPANY AcouREs
RIGHT OR WAY IN SIOUX CITY
WITHOUT PRICE.
DEEDS NEVER PASSED,
POSSESSION c,vss TITLE
Supreme Court Holds Presumption 10
in Favor Of Railro ad-Aair Tonic
Suit From Sioux City lnvsIvss In.
tsrsstins Point-Exesisier Rate Case
Before Iowa Commission.
Special to Times Republican.

! Des Moines, Oct. 24.-How railroad
company may acquire and keep a
right of-way without having anything
in writing to show title was disclosed
In peculiar suit decided BY the SUI
preme court wherein the 1--WE railroad
companies which have lines into Sioux
City secure right to operate siding
to the old Booge packing house as
/ against the claim Of the stock yard
company.
In the days when big things were
done In Sioux City with haste and
sometimes with little attention to de-
tail, James e. Booge induced the rail-
road companies to join in building a
siding to his packing house, but they
required of him to agree to. give them
the right-of-way for severA blocks.
| which he did. But while the contract
or deed was drawn up by the attorneys
it appears it was never signed by any
! body and was lost. All that Is known
| about the giving Of the right Of way
is the recollection of the people then
interested. But the supreme court
holds this is good and that the COM
panies have the right-of- way just as
! completely as II the deed WAS on rec
ord. The fact of possession Of the
right Of way and operation of the
track is presumption in their favor
and places the burden of proof on the
stock yard company.
The supreme court also decided an
other Woodbury. county case of some
interest. It was a victory for Judge
Van Wagenen, now United States
attorney, or rather a second winning
in the supreme court on the same
case. 1t was that of the Hessig- Ellie
Drug Company against Todd-Baker
Drug Company. The formers agent
sold carload, more or less, Of new
and wonderful hair tonic that was go
ing to make everybody IN northwestern
Iowa grow fine heads of hair. and got
a contract involving some advertising.
Afterwards the contract was changed
so that it would compel the Sioux City
firm to take an indefinite amount OF
the hair tonic and pay for the same
and keep on buying the stuff. The
court, for q second time, found that
the alteration Of the contract defeated
its purpose. The hair tonic business
turned out badly and the company that
sold the goods can send for Its car
load stored in Sioux City.
The excelsior rate case is to be dis
cussed before the state railway board
today This is a case involving the
life of an industry in Iowa, The only
excelsior factory in Iowa Is IN Du-
buque., Interstate ~ IS have been 80
arranged as to, gj' sctories in st.
Paul and elsewheY Vantage over
the Dubuque fa 81 certain large
territory in wey iowa The Iowa
commission is FED to even things
up. sASS
The Iowa commission was also to
have take up today the APPLICATION OF
the Corn Belt Meat Producers Assoc
citation and other bodies for modl-
fication Of the rule, on Iowa shipments.
as to valuation Of livestock In connec-
ton with the rate, raising the sum
which may be declared as the value OF
each animal without incresS:ing the
rate. But ut a conference held In Chi
cago this week 1t was decided this
should be postponed. It may not be
considered by the Iowa commission
until after the interstate commerce
commission has considered a similar
case involving the rule as to interstate
rates.
The monument in the, cemetery at
Strawberry Point where Governor
Clarke spoke this week, Is said to be
the first erected under provisions OF a
new law which permits the levy Of
tax for the purpose of erecting gen.
eral soldiers m@1ument In a cemetery
where there are fifty or more war vet
Grams buried The monument at Straw
berry Point is fine one costing about
$1,000.
Veterinarians who compound and
dispense their own medicines may run
afoul of the Iowa pharmacy law. The
pharmacy board has received evidence
that a number of them thruout the
state have been putting UP their own
medicine.
The pharmacA law is very strict 1t
limits to registered pharmacists the
right to put up prescriptions and pre-
pare the medicines for use. The only
exception is in favor of physicians who
may compound medicines in their own
practice. There is no exception for
veterinarians or dentists or osteopaths
or others-only physicians.
The pharmacy board desires that
warning be given all such persons that
they may run chance Of suffering
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