Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1915-10-28

TStufnGO AZ INAI SIIIlc. ~! " N0SUi
are on charges Of bootIesgIng and
the defendants are not yet appre-
hended. Tho cases against Ros-
anna and Mona santo Dona Of
CenterviIle and James Travis Of
this city, were Ignored.
Whether the present owners OF the
Atlantic Southern Railway may have
an injunction restraining the state rail
road commission from enforcing an or.
der made September 27, 1915, requir-
ing them to operate the line from Ly-
man to Villisca, Iowa, is a question to
be decided Thursday by Judge Martin
J. Wade in the federal court here.
The order made and passed by the
commission directed the owners to put
the road in repair and to begin operat-
ing 1t distance of twenty-five miles
not later than November 1, 1915. J. H.
commerce counsel Is to
appear for the state railroad commits
sion He is expected to make it plain
that the commission Is determined to
enforce it's order for the reestablish-
meEt of service on the road. The own
ers, in their petition, ask for an injunc-
tion to prevent the state from enforc-
ing the order. They allege that the
road has no money with which to put
the tracks In repair so that trains
might be operated and that the line
will not pay expenses.
Robert Abeles of st. Louis brings
the suit against the commission and he
says that he has advanced $56,90O for
operating expenses, $4,000 Of which
has been secured by first mortgage
bonds He asks the court to issue the
injunction, to suspend any penalty |
hat may be inflicted by the state rail |
re ad commission for failure to comply |,
with the ruling and to issue writ of
subpoena requiring the defendants to
answer to the bill. He also asks the
to dismantle the road, re-
move and sell the timbers, rails, ties,
and rolling stock.
Railroad Being Sued.
Tho case in which Mrs. Mary A.
0uree is asking $4,000 from the Wa
,ash railroad company for the death Of
Ter son in the company's yards at
Moberly, Mo-, Is still being heard to-
lay. It will probably be finished by
his evening. The. next action in the
to be heard is that OF the
W. P. r. l.. Cigar factory VS.. Louis
revenue collector.
Six indictments were returned by |
he grand jury this morning. Fred
Moore, one Of those indicted pleaded
.uilty to the charge Of violating the
harrison drug act and was sentenced
O five months term in the county
all. His sentence wsll date from his
riginal commitment in June, 1915.
The others indicted are not yet appre-
ended An order has been made by
he court in the case Of the United
states VS.. fifty cases of tomato pulp.
10 one having appeared to claim the
oods, which were seized in Novem.
er, 1914, they have been ordered des.
royed.
Take Case From Jury.
The Duree case was taken from the
ury at noon today and the court de-
ided in favor OF the railroad COM
any. With the opening session at 2
clock this afternoon, the M. P. r. l..
;igar Co., action was begun. H. G.
ligbee and J. F. Porterfield Of the
evenue service are here for the trial.
fr. Higbee is from the commission
RS office at Dubuque. Together
18th Mr.. Porterfield and A. P. Canny
( this city, both field agents in the
evenue service are to testify for the
overnment. 1t is expected that the
,ial will last couple of days.
A. ]. Nauser is to be brought here
hpr oF viz LOFT inc
1e postal laws by sending obscene s
,tters through the mail He Is from t
owa City and the crime Is alleged to q
ave been committed in Davenport. q
owa City being in the northern di- q
ision he was taken before Judge G
eed at Sioux City to get an order
,r his removal. Deputy Mike Healy \
in charge Of him. TX