There is one other question that appears from the letter of Mr. Morley, and that is in regard to the refusal of the railway company to sell tickets from Chicago to Whiting and other points east of Whiting. Conceding this condition of affairs to be true, yet we are in doubt whether we would have the right or authority to make any order in regard thereto, it being a matter originating outside the state, and, therefore, interstate business, over which this board has no authority to act. If at any time in the future any person interested has reasonable grounds of complaint in regard to any of the matters herein involved, and will bring the matter before the commission, this case will be reopened and the board will make such additional rulings and orders as may seem just and proper in the premises. Complaint was made before the railroad commissioners, by letter under date of October 15, 1896, wherein H. Willard, Son & Co. allege that the Chicago Great Western Railway company refused to receive hides for shipment over its line into Marshalltown, Iowa, except on one day of each week. This complaint was submitted to the railway company, and it has answered by admitting that it has only provided for the shipment of one car of such freight—that is, such kind of freight, oil, hides, tallow, etc.-on Thursday of each week, and saying that such has been the custom on this line of railway in and out of Marshalltown for a number of years last past, and also that such merchandise is handled at a loss by the railway company. It would seem that in this case the claimants insist that they have a right to ship this class of merchandise whenever they may choose so to do, regardless of the injury or damage this freight may occasion to other classes of merchandise. It must be conceded, we believe, that this class of merchandise is very injurious and is liable to damage many articles of other kinds of merchandise shipped in the same car with it, and that it can not be safely placed in a car used for conveying general merchandise, and must necessarily be placed in a car with merchandise of a similar kind, such as tallow, oils, etc. If this be true, then we see no valid objection to the rule adopted by the railway company fixing certain days when it will handle and ship this class of freight. However, the public is entitled to have sufficient and timely notice of the time when such shipments can be made, and the time should be so arranged that those who may desire to handle and ship this class of merchandise can do so without unreasonable annoyance or trouble, and at reasonable times, and the question whether the same is handled at a loss by the railway company will not be the controlling element in determining the service rendered the public in this regard. We do not mean by this that the question of loss to the company will not be considered, but what we do intend to convey is that it will not be the controlling element that will govern cases of this kind. If the complainants will furnish this board with the amount and number of their shipments of this class of merchandise, that it has handled and shipped over the line of this company's railway within the last year, together with the dates thereof, and such other facts as they may have upon this subject, we will at any time be glad to make such other or additional orders as to the board may seem right and proper in the premises, but at this time we do not feel justified, on the showing made, in holding that the railway company is not now furnishing a reasonably fair and adequate service in the handling and shipping of this class of merchandise. Complaint was laid before this board by petition signed by a number of the residents of the town of Hosper, Sioux county, this state, asking that the board make an order requiring the night passenger trains each way on the line of the Chicago, St. Paul, Minneapolis & Omaha Railway company to stop at the station of Hosper. This matter was submitted to the railway company, and they answered under date of November 7, 1896. The petition, together with the correspondence relating thereto, is as follows: To the Honorable Railroad Commissioners of the State of Iowa: GENTLEMEN-The undersigned would most respectfully represent that they are citizens of the town of Hosper, Sioux county, Iowa, which is on the line of the Chicago, St. Paul, Minneapolis & Omaha railway. That there are in the town about thirty business firms, and that the town does a large amount of trade; that there are two night passenger trains on this road, one north and the other south, and that these will not stop at our town for passengers, even upon a signal, which is a great inconvenience. We now make this petition, asking you to make such an order as will require and cause this company to stop their night trains each way at our depot, but we do not ask them to stop unless upon signal, which will be only when there are passengers to get off or on. Respectfully, J. H. Holihan, P. Youngers, H. Van Rooyen, C. F. Zooge, V. Perry, T. L. Dyk, and twentyfour others. Mr. J. H. Holthan and Other Petitioners, Hosper, Iowa: DES MOINES, Iowa, November 4, 1898. GENTLEMEN-Your petition asking for the establishment of night train service on the Chicago, St. Paul, Minneapolis & Omaha railway at your point has been received, and will be immediately taken up by the board with that company. You will be kept fully advised of all steps taken, and of further progress of the case; also furnished a copy of the answer of the company upon receipt. Very respectfully yours, W. W. AINSWORTH, Secretary. DES MOINES, Iowa, November 4, 1896. Mr. W. A. Scott, General Manager Chicago, St. Paul, Minneapolis & Omaha Railway Company, St. Paul, Minn.: DEAR SIR-The following petition, signed by J. H. Holihan, H. Van Rooyen, V. Perry, and twenty-five other firms and persons, of Hosper, Iowa, will explain itself: Kindly give the matter your early attention and reply. Very respectfully yours, W. W. AINSWORTH. Secretary. ST. PAUL, Minn., November 7, 1896. Mr. W. W. Ainsworth, Secretary Iowa State Board of Railroad Commisioners, Des Moines. Iowa: DEAR SIR-Answering yours of the 4th inst., which refers to a petition signed by J. H. Holihan, H. Van Rooyen and others, of Hosper, Iowa, to have this company stop its night passenger trains Nos. 1 and 2 at that point upon signal. This, as you perhaps know, is a question that has been threshed over and over, we finding ourselves unable to comply with this request, which has been made not only by people of Hosper, but nearly every other local station between St. Paul and Sioux City, and, of course, we can not make this concession in favor of the people of Hosper without opening the door to others who can present equally as good, and in some cases better claims for night passenger train service than they. Reasons for having to decline are that trains Nos. 1 and 2 are scheduled on a basis of doing a through business on dispatch time, and were we to make local stops, as these and other petitioners have from time to time requested, it would result in our being unable to make our connections, which would destroy the usefulness of this train for through business, and cause such travel to seek other routes more acceptable, on account of our doing so much local work, which we know from past experience on other lines is the ultimate result of attempting to serve local points with a through train. As before stated, there are many other local stations on this railway situated same as Hosper, the people of which would occasionally find a night passenger train service convenient, but generally they have, on receiving proper explanation, cheerfully withdrawn their petitions, realizing that we can not serve through business and local stations with the same train, and it seems to me the people of Hosper will be quick to see this line of reasoning and do likewise. Fact is, our local passenger train service in that territory is ample for traffic there is to handle, and we have taken great pains to schedule our day trains, which make all stops, so as to give the best service to the greatest number of people in our territory between St. Paul and Sioux City. Yours truly, W. A. SCOTT, General Manager. It is claimed on the part of the railway company that the night trains referred to in complainant's petition are fast through trains and that if they are obliged to stop such trains at this station and others similarly situated, that these trains would become merely local ones, and that they would be unable to make connections with other through trains furnishing them with through passengers and other business. Hosper is an active business town of something over 300 inhabitants and enjoys the advantages of no other railway, except the Chicago, St. Paul, Minneapolis & Omaha railway. There are no other stations nearer Hosper than Sheldon, which is seven miles, and Alton, which is nine miles. At present there are trains carrying passengers, going west, at 6 o'clock and 8 o'clock P. M., the last named train being a way freight; and one going east at 11:01 A. M., another at 4:04 and another at 7:50 A. M., the last two named being freight trains. This board has held on many former occasions that it will not require through fast trains, where they are operated for through business or make connections therefor, to make local stops, unless under unusual circumstances and conditions. The reason for this is apparent to anyone who will give the matter fair and reasonable consideration. The companies are required, in order to operate fast through trains, to expend large sums of money in the equipment of the trains, as well as repairing of track and roadbed therefor, and at this time the demand for fast train service is perhaps as great, if not greater, than the demand for the local service. While we have held uniformly that we would not interfere with these trains, where they are operated within reasonable limits, yet we have also uniformly held that in case the people along the different lines of railway throughout the state were not receiving adequate and reasonably fair passenger service, or such service as towns of about the same number of inhabitants and of other business advantages were receiving upon the same line of railway, that this board would make such order or orders as the circumstances might require, in order to give the public such local passenger service as they might be entitled to in the premises. We find in this case that the Chicago, St. Paul, Minneapolis & Omaha Railway company have voluntarily extended the privilege of signaling these fast through trains, known as Nos. 1 and 2, to other towns of about the same number of inhabitants and enjoying no greater business advantages, along this line of railway. In view of the circumstances and conditions in this case, we have arrived at the opinion that the following order should be made therein: That the Chicago, St. Paul, Minneapolis & Omaha Railway company stop, upon signal, its fast through night trains, known as Nos. 1 and 2, at the station of Hosper, for the purpose of receiving passengers; also stop said trains when passengers desire to leave the same at such station. This order to take effect on and after the 1st day of January, 1897, with the right and privilege of the railway company, at any time after this order has been in force for more than thirty days, to have the same modified and changed, if the circumstances should require it. Des Moines, Iowa, November 19, 1896. No. 1679-1896. CHICAGO, MILWAUKEE & ST. PAUL RAIL- WAY Interlocking switch at Seymour-Petition for approval. In the matter of approval of an interlocking switch system or safety device at grade crossing of Chicago, Milwaukee & St. Paul and Chicago, Rock Island & Pacific railways at Seymour, Iowa. Be it remembered, that the board of railroad commissioners of the state of Iowa on the 16th day of December, 1896, inspected and examined an interlocking switch system or safety device equipped and to be operated jointly by the Chicago, Rock Island & Pacific Railway company and the Chicago, Milwaukee & St. Paul Railway company, at or near Seymour station, in the county of Wayne and state of Iowa, and at a point where each of said railways crosses the other at grade, for the purpose of rendering it safe for engines and trains to pass over such crossing without stopping, and the board of railroad commissioners of the state of Iowa hereby approves the equipment of such interlocking switch system or safety device as aforesaid. Done under the hand and seal of the board of railroad commissioners of the state of Iowa, and the secretary thereof, at the city of Des Moines, state of Iowa, this 16th day of December, A. D. 1896. Attest: WILLIAM W. AINSWORTH, CHARLES L. DAVIDSON, Acting Chairman. EDWARD A. DAWSON. No. 1680-1896. CHICAGO & NORTH-WESTERN RAILWAY COMPANY AND CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY. Interlocking switch at Grand Junction In the matter of approval of an interlocking switch system or safety device at grade crossing of Chicago & North-Western and Chicago, Rock Island & Pacific railways at Grand Junction, Iowa. Be it remembered, that the board of railroad commissioners on the 18th day of December, 1896, inspected and examined an interlocking switch system or safety device equipped and to be operated jointly by the Chicago & North-Western Railway company and the Chicago, Rock Island & Pacific Railway company, at or near Grand Junction station in the county of Greene and state of Iowa, and at a point where each of said railways crosses the other at grade, for the purpose of rendering it safe for engines and trains to pass over such crossing without stopping, and the board of railroad commissioners of the state of Iowa hereby approve the equipment of such interlocking switch system or safety device as aforesaid. Done under the hand and seal of the board of railroad commissioners of the state of Iowa and the secretary thereof, at the city of Des Moines, state of Iowa, this 18th day of December, A. D. 1896. Attest: WILLIAM W. AINSWORTH, CHARLES L. DAVIDSON, Acting Chairman. EDWARD A. DAWSON. In the matter of approval of an interlocking switch system or safety device at grade crossing of Chicago & North-Western and Chicago, Rock Island & Pacific railways, at Carnforth, Iowa. Be it remembered, that the board of railroad commissioners, on the 29th day of December, 1896, inspected and examined an interlocking switch system or safety device equipped and to be operated jointly by the Chicago & NorthWestern Railway company and the Chicago, Rock Island & Pacific Railway company, at or near Carnforth station, in the county of Poweshiek and state of Iowa, and at a point where each of said railways crosses the other at grade, for the purpose of rendering it safe for engines and trains to pass over such crossing without stopping, and the board of railroad commissioners of the state of Iowa hereby approves the equipment of such interlocking switch system or safety device as aforesaid. Done under the hand and seal of the board of railroad commissioners of the state of Iowa, and the secretary thereof, at the city of Des Moines, state of Iowa, this 30th day of December, A. D. 1896. Attest: WILLIAM W. AINSWORTH, CHARLES L. DAVIDSON, Secretary. |