Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-31
RAiuRoAD COMM ssloN REFUSES
TO ORDER UNION STATION
AT COUNCIL BLUFFS.
LAW CITED BY CITY
APPLIES TO CROSSINGS
Board Has No Authority Under Sta
tutes to Compel Construction OF Sta
tions-Commissi Reviews Laws
and Makes Recommended and
{ Orders For improvements.
,ecial 10 nes-Repuhlican.

road commission has entered an ORDER
refusing TO direct the railroads enter
ing Council Bluffs TO unite IN forma-
ton of A company and construction OF
a union depot or passenger station
What the decision would be. or woulc
have TO be. has long been a matter OF
common knowledge. because the sta
t1,te. is plain and previous decisions set
nrecedel,ts which could not very Wen
he ove-IOole5 But because OF the
work Of the commission on rate cases
and other matters there has not been
until this time any final conference OF
the commissioners and agreement as 70
what the conclusion would be. Inc
commission denies its Jurisdiction un-
der the law, hence the merits are not
entered into.
The essence ~ the decision is that
the law under which the compliments
asked for the order was intended to
apply and does alone apply to country
crossings. in which case the board may
REQUIRE erection OF platforms and shell
Tors FOR passengers transferring from
one road 10 another In this class Of
cases the commission has ample au-
thoritv 10 corn pei erection OF accom-
.nodations. But the law as TO union
depots merely gives the companies the
right TO unite and maintain such sta
tons
Law Is Reviewed.
The history OF the law IS gwen III
the decision as hied. In 1852 leglsla-
ton on the subject commenced with
requirement that any company shan
permit another com pany to connect ct
hE
of the connecting company. In 1873
this com pulsory permission was put
into the code Two years later the
legislature reversed the situation and
leglslated TO compel any company 10
connect up with any other. and extend
ed the exchange Of business 20 all con-
Meeting lines and all other C-ansporta-
ton companies and persons. In 1854
the companies were required not only
to connect up at intersections but TO
establish and maintain suitable plat
forms and station houses and keep
them open reasonable time before
trains, stop trains. etc.
The commission found that under
this statute a great many platforms
and small station houses have been
built at crossings not within any city
or town, but no union station in any
city or town But the legislature en-
acted another law relating to union
stations and gave no authority what
ever to the commission in such cases.
Applies 20 Country Crossings.
This statute as to connection Of rail-
roads has been construed before In
Keokuk case in 1885 the commission
held the law was intended TO apply TO
country crossings and denied the RICH.
to order a union station. The dissent
ing opinion of one member agreed.
however as 20 the history and intent
OF the statute. In 1892 the Council
Bluffs union station was considered
and a decision rendered il harmony
with the Keokuk case In Missouri.
similar statute has been held the same
way
The history Of the statute indicates
that it was intended for country cross
ings," says the commission now. The
statute was enacted because Of the
numerous complaints of suffering and
exposure of passengers at crossings
outside Of towns. in Indictment weather
in the open fields, without shelter or
the means of warning, and without light
at night We reach the conclusion that
this commission has no power to re-
quire the railroads to provide and enter
into union stations in cities
Benefits Admitted.
The commission, however. added the
following advice:
From the standpoint of safety. con-
venience and civic Improvement, COM
modious, sanitary and attractive union
station near the business part of the
city would undoubtedly be benefit and
subject of pride to the city of Council
Bluffs, and we express the hope that
the city and the different roads may be
able TO bring about q central station
which will be convenient, safe and
which will not result In an undue de-
struction of property"
The commission did make, however.
an order as to some things as follows:
while we hold lack Of power to re-
quire union station at Council Bluffs
yet we are given authority to require
adequate station facilities generally
Code Section 2113. Until union sta
ton is constructed at Council Bluffs, II
may be impracticable and Impossible tc
make substantial improvements in the
crossing Of surface tracks OF railroads
in the blockading Of many streets By
passenger trains. and in the furnishing
OF the usual modern Improvements OF
city depots, such as lunch counters
news stand and parcel room with at.
tendants at the several stations of tn.
individual roads, where four ffths O
the passenger traffic, in and out O
Council Bluffs is accommodated. How
ever, we urge the carriers to use al
reasonable means within their powe
to improve these conditions just de
ecribed.
Other Suggestions.
"The commission has the power t.
require better station facilities general
ly. where the same are inadequate. W
find that those having charge Of tn
Union Pacific transfer station shoui
improve the sanitary condition Of tn
toilet rooms, enlarge and improve it
platform facilities for passengers get
ting on and off trains, and also for thos
coming thru or going from said station
I'VE further find that the Milwaukee
railroad should make important an
substantial improvements in its static
facilities at Council Bluffs; that all
the railroads should make substanti:
Improvements in the toilet room faci
tiles OF their station houses, and thu
all OF said railroads should make mol
adequate provision in the way of plat
form facilities for passengers gettin
on and OF trains.
An adequate opportunity will
given the said carriers to comply wit
the foregoing requirements. Upon the