PART II. THE ADVISORY COMMISSION. CHAPTER I. THE COMMISSIONER LAW AND IOWA'S CONDITION IN 1878. THE sentiment which had found expression in active opposition to the Maximum Rate Law while it was in operation, and which had culminated in the final repeal of that Act, demanded some other form of railroad control than that which had, they insisted, resulted so disastrously. Massachusetts had experienced marked success with its commission system, and had thereby turned the attention of the entire country to this form of control. The sentiment in favor of the commission system, and that in its weak form, dominated the Iowa legislature; and the Iowa law, which was passed in 1878 after vigorous discussion, was based upon the Massachusetts statute. The law establishing a Board of Railroad Commissioners1 provided for the appointment by the Governor, with the advice of the Executive Council, of three persons, one of whom should be a civil engineer, to hold office for three years, one member retiring each 1 Chap. 77, 17th G. A., approved March 23, 1878. 33 year. These persons were not to be pecuniarily interested in any railroad, and were to be chosen as nearly as practicable from the eastern, central, and western portions of the State. The Commission was to examine into the condition of the roads, rolling-stock, etc., and the rates of fare, and when not satisfactory, to inform the railroad company in writing of its disapproval. Semi-annual examination of bridges was required. When a bridge was deemed unsafe, the company was to be informed; and if repairs were not made within three days, the Commissioners were empowered to stop the running of trains over it. Annual reports containing statistics of railroads were to be submitted to the Governor, covering the cost of the road and equipment, amount of land-grants, capital stock, etc. To enable the Commission to comply with this provision, the railroads were required annually to make returns to the Commissioners according to a prescribed form. The Commissioners were given power to investigate the books of the companies, to examine officers under oath, and to issue subpoenas, refusal to respond to the Commissioners to be considered a misdemeanor, punishable in court. Railroad companies were required to furnish suitable cars for all purposes, to transport freight with reasonable despatch, to receive empty or loaded cars of connecting roads, and to demand for this service no greater compensation than was received from any other connecting road for a similar service. Discrimination against persons and places was prohibited, and penalties prescribed for violation of these provisions, to be recovered in court. "In all cases where complaints shall be made in accordance with the provisions of Sect. 15 hereinafter provided, that an unreasonable charge is made, the Commissioners shall require a modified charge for the service rendered such as they shall deem to be reasonable, and all cases of a failure to comply with the recommendation of the Commissioners, shall be embodied in the report of the Commissioners to the Legislature, and the same shall apply to any unjust discrimination, extortion or overcharge by said company or other violation of law." 1 Upon request of the mayor and aldermen of a city or town, or the trustees of a township, or of twenty-five legal voters, the Commissioners were required to investigate the rates of fare within such city or town, reasonable notice of their intention being served upon the company. If they should deem the complaint well founded, they were to inform the company, and also report the fact to the Governor. This law did not repeal the sections of the previous law 2 providing for the annual reports of the railroads to the Governor, the classification of the roads upon the basis of gross earnings, and the establishment of passenger fares in accordance therewith. Merely an advisory power was vested in the Commission. No authority was granted to enforce its decrees. Violations of the orders of the Commission were to be mentioned in the annual report to the legislature, and the law relied upon this element of publicity to render the recommendations of the Commission effective.3 The interpretation of the statute was made almost 2 Chap. 68, 15th G. A. 8 For text of law, see Appendix I. 1 Sect. 13. |