Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-03-12
PUBLIC UTILITIES
QUESTION QU|[S'[NI
ISSUE SMoULDERING IN COMMIT
TEE ROOMS OF STATE
LEGISLATURE.
FRANCHISE METHODS
IN LINE FOR REFORMS
Proposal Made to Have Courts Exer-
else Jurisdiction Over Controversies
Pending Bill Prevents Operation
After Expiration Of ses-Rail-
roal Commission Powers Enlarged.


Des Moines, March 1.-THE public
utilities question is a live issue some
what smouldering in legislative
committee rooms but likely to break
out at any time. Members have been
rather literally provided with litera-
ture and advice on the necessity OF do
ing something to clear up the situation
as to franchises, especially as to tele-
phone matters, and q number of bills
are pending. A great deal of favor is
just now being shown the bill by Sem
ator Crist which contemplates getting
at the matter Of settling franchise con-
troVersieS by a direct method, and
from a number Of the cities Of the
state has come the warmest indorse-
ment of the plan. But little has been
said publicly about the bill and it's
main provisions are of deep interest in
every part Of the state It's main fea-
lures are:
Definition of duties of all public SER
vice corporations.
Courts to have jurisdiction over con-
troversies.
Method of ousing corporations that
fail to secure franchises.
Plan for arriving al conclusi as TO
franchise terms.
System of securing 'nfor nation as 20
all utility corporations.
Something Entirely New.
The first section Of the bin, which is
something entirely new to he laws Of
the state, provides:
"All public utilities, hereinafter des-
ignated, shall at all tones furnish first
class modern service and provide ade
quate facilities for the furnishing and
use thereof, at and for d reasonable re-
~
The district cour:," says the second
section. e shall have luris li;.ion ani
authority to hear and .le-er nine all
controversies involving he character
of service being rendered by any pub
lie utility hereinafter designated, and
of the adequacy Of the facilities for the
furnishing and use of such service, and
of the rea condolences of the remuner-
alton to be paid therefor, and shall also
have Jurisdiction and authority to
hear and determine controversies be-
tween any such public utility and the
in which the same is OPP
Grating, over the terms and conditions
of any proposed new contract for any
future service to be rendered by any
public utility, and controversies in
volving the right Of any public utility
to operate in any municipality coming
within the provisions Of this act"
With regard to the procedure where
there is controversy which can not
be settled by agreement the bill pro-
vides:
1t shall be unlawful for any pub
lie utility to operate in any municipal
ity after the expiration of it's franchise
and it may be ousted from the streets
and alleys Of such municipality and
prohibited from operating thereon.
Provided, however. such utility may
continue to operate IN such municipal
ity during the time proposed new
franchise is being submitted to the
people for their approval as is now
provided by law or during the time a
proposed new franchise is being framed
and submitted to the people for their
approval as in this act provided. In case
such public utility desires to continue
to operate and is unable to agree upon
the terms and conditions Of a new
franchise to be submitted to the people
for their approval. it shall file in the
district court its petition or pleading
setting forth such failure to agree with
the municipality as to the terms and
conditions of new franchise and it's
contention in relation thereto, and its
willingness to submit to the jurisdiction
of such court and to be bound by its
judgments and DEGREES"
- rane<
Under such conditions district
court may hear and determine the
terms and conditions OF the franchise
and fix and determine the conditions
and provide for submission Of the same
to vote of the people. All causes Of
action growing out Of any controversy
on these matters shall be triable in the
district court in the county and as an
equitable action with preference before
all other equity cases. At the first
term after fling Of such Q case the
court may hear and determine or It
and the chief justice may designate
three judges of other districts to de-
termine the controversy.
The railroad commissioners are au-
thorized and empowered under the
Crist bill to secure data in reference
to public utility service, the facilities
for the use thereof, and the costs of
such services. Upon the application Of
any person or municipality or Of any
public utility operating within the
state or of any court, the board shall
furnish Information relative to this
data Every public utility Is required
TO make SUCH reports as the railroad
| commission may determine upon.
There is in the bill. Of course, a def
milton Of a public utility, and other de-
tails Senator Crist Is confident that
here is a simple and direct plan of get
ting at nacst CO the controversies ever
public utility matters that will be benz