Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-04-25

temporary injunctions In such cases
of which there have been many In re-
cent months, without a hearing. ana
ordering the excess collected over the
old rate to be impounded.
Bond Will Be Rrequired.
| In the order for temporary restrain
ing order that is to be prepared by the
Iowa Railway and Light Company at
.orneys, ard submitted to the city's
ATTORNEYS for approval, twill be pro-
v!ded that the utilities company shall
post a bond, probably Of $4,000 to s10'-
600. to protect the city until the case
is decided finally. 1t is pointed out
that such bond need not be of I'M
I,ual size, because the money involved
will be impounded in a repository pank
anyway The order also will desiS-
nate the bank. which will be selected
as detail of agreement.
Progress Of Case.
The developments will follow rapidly,
considering the nature of the case ana
the questions involved. AS soon as the
order is issued. Judge Wade Will APP
point Il master in chancery to near inc
evidence This temporary officer OF
the court will be agreed upon by the
city and the utilities attorney me
sides had already agreed upon Clarence
Nichols. of Ninton, an eN-Judge OF inc
district court but he would not accept
because he was attorney in Benton
county for the Iowa Railway and Light
Company.
When the two sides are ready. which
it is expected will be some time in the
summer. the master in chancery Will
open the case undoubtedly here to take
testimony.
Will Report to Court.
1t is expected the taking of this tes-
timony will require some time. When
it is completed the master in chancery
will report his finding to Judge Wade
This finding will include the valuation
of the property, the income, and other
details The report then goes to the
Judge for approval. and either or both
sides, dissatisfied with the masters
finding, will have opportunity to object
and argue the case when Judge Wade
reviews the testimony, which will be
submitted with the finding. If either
side is dissatisfied with Judge Wade's
ruling. it has the right of appeal to the
federal circuit court of appeals for this
district.
1t is pointed out that the province Of
the federal court is not to establish
what the rate shall be. but to deter
mine whether or not'th rate is ade-
quate and equitable for the company,
or whether it is conflscatory.
May Agree to Much.
To furnish evidence to support its
position that the rate is adequate. the
city is preparing 10 have the srom-
panys books audited and to procure an
appraisement of the physical property
of the company. Some of these ques-
tions may he determined by agreement.
The citys attorneys, and those for the
utilities company. may be able to come
to an agreement as to the value of the
property. the rate of depreciation, and
other questions involved. The more
of these that are agreed to the less
there will be in controversy.
Rate Adequate, City Holds.
Summed up, the contention for the
city is that the gas rate of 81 is ade-
quatc. This is the giSt of the VOL
luminous answer of the city filed for
the hearing. which was set today. It
will be recalled that the company is
maintaining that the rate is confisca-
tory, and in effect annuls its constitu-
tional right that assures it that its
property shall not be taken from it
without due process of law.
The unsuccessful negotiations be-
tween the company and the city coun-
Gil for an increased gas rate, during
which the company asked for 10 per
cent increase. is reviewed in the an
swer, as is the record of the council
proceedings in passing the ordinance.
Valuation City Fixed.
It was alleged by the company that
the city passed the ordinance without