Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-05-06
CAR LINES
CAN RAISE RATES
JUDGE REED, OF FEDERAL
COURT, RULES IN FAVOR
OF COMPANIES.
COUNCIL HAS POWER
TO GRANT REVISION
Ruling Important to Cities of Iowa
Made in Federal Court at Du-
buqus-Must Operate Lines Under
Franchises but are Entitled to
Charge Farce Ram lucrative.

/
Franchises but are Entitled to
Charge Fares Rem unsrativs.
Cedar Rapids. May 6.--That a
street railway company holding a
franchise to operate street cars is
bound to furnish continuous street
car service. and that 1t has the right
to revise its rates from time to time
to make them remunerative Is the de-
oision Of Judge Henry T. Reed Of the
United States district court at Du-
buaue In deciding the case brought
by the city OF Dubuque against the
Dubuque Electric company. Judge
Rsed holds that the CITY Of Dubuque,
thru its city council, has the power
to enact a rate ordinance. but that
| such rates must be reasonable and
Just and that the company is en-
titled to have the reasonableness and
Justice Of such rates determined by
the courts.
Eight Cents a Ride.
In accordance with this decision
the company has resumed the opera
ton OF its cars In Dubuque and the
rate has been fixed ut 8 cents.
For two months the people Of Du-
buaus have been without street car
service. Tho men demanded more
pay and the city council refused to
allow the company, to charge more
fare. The company thereupon quit
the operation Of its street cars and
the people walked while the contro-
versy wac being determined In the
courts.
The Dubuque property Is owned by
the United Light and Railways Com
pany which also owns the property
ct the Cedar Rapids and Marion City
Railway Company Tho Dubuque
decision probably means that n,the
price Of = street csr ride unjust soon
b Increased In this city. 81 II .is en-
tirely probable that q new. ordinance
win Be asked Of the city council fix
ing the cash fare att cents, but Sell
Ing = ticket good for four rides at
Is io1nts. tor ! SIX 8 una ifonesa6srter
osnts Q ride.
Dnployss OF the Cedar Rapids and
Narten City Railway Company re-
comfy had their wages raised under
. temporary agreement which fecog-
nisss That . new adjustment OF fares
must - mads In the near future.
Actual figures from the company's
books show that 1t costs sos cents
to carry = passenger. exclustysv of
the interest charges on the money
which tn company borrowed for
"a alkine - big sin rovegasnts In this
Seu sens years A46.
" rst u che bsSlslen. rs
Salient excerpts from the decision
Fellows u
I. That the provisions % to rates
OF 1are contained Ia the DEFENDANTS
franchise ordinances. set forth IN. the
l1leadtnss herein DO not constitute
Q contract between tho plaintIff and
assel,dApt;; that the j, a. snroxiyions
were and are beyond the power ofehe
PLAINTIFF to enact. and are void, and
the plaintiff IL hereby permanently
enjotned from enforcing such provis-
ions against the defendant. M
; That the defendant ID entitled
tos reasonable and Just rates for
street car service furnished byg 1t,
and that the PLAINTIFF ID empowered
rom time to time to fix reasonable
and Just rates for suoh service, rub
1sct 70 the right Of the defendant to
have the rsasonableness and Justice
to such rates determined by . court
OF competent Jurisdiction in proper
proceeding for that purpose.
1 That the defendant IL by The
terms Of it, franchises bound, and is
hereby ordered, unless prevented by
oausss beyond it, reasonable control
to furnish continuous street car
service 70 the CITY Dubuque ana its
Inhabitants during the remaining
period ~ its franchises. inFaccordance
with Ill the terms thereof, except
said provisions ~ TO rates OF fare.
4. That for tho time being the de-
fsndant shall not charge to exceed
the following rates OF fare With
transfer privileges. namely: (A) eight
(so) cents for Q single fare; Oh
seven ~ tickets for fifty (gec)
cents; (c) children under u years
~ ags. single fare four (lc) cents or
seven tickets for twenty-five (ISc)
cents, defendant claims at this time.
h open court, that said rates are NOT
reasonable Or Just, and the court
does not Determine that question.
nsr does the defendant waive any
q ~ RIGHTS In that respect. In case
defendant shallslt any, time dssirs
changs In said rites. It shall first
apply to the proper liking body. II
there BE- such, for q change In such
rates untl It has been authorised
- DO % either hy such rate-fixins
bedv - has been granted rslisf
against such rates " some court Of
sompstsnt JuriAistion. BY temporary
~ permanent Injunction. ee either.
visa
s. That the counter claim Of TIA
defendant a. to tho alleged invalid.
~ II the ordinances q the plainttfs
psOhlbiting the operation OF so-oall-
- ''ons-man" cara, II hereby Dismiss
- without prejudice.
:. That each party shall pay it,
own costs IN this prooseding.
To al ct which neither party ex-
cepts.
IOWA eTuDINf 10 I1THoetsA.