Section 2125 of the code provides, among other things, that it shall be unlawful for any common carrier subject to the provisions of this chapter, to make or give any preference or advantage to any particular person, company, firm, corporation or locality or any particular description of traffic in any respect whatsoever, or subject any person, company, firm, corporation or locality or any particular description of traffic, to any prejudice or disadvantage in any respect whatsoever, but this shall not be construed to prevent any common carrier from giving preference as to time of shipment of live stock, uncured meats or other perishable property. All common carriers subject to the provisions of this chapter shall, according to their respective powers, afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines and for the receiving, forwarding and switching of cars and for the receiving, forwarding and delivery of passengers and property to and from their several lines and to and from their lines and places connected therewith, and shall not discriminate in their accommodations, rates and charges between such connecting lines.

We are of the opinion that, under and within the provisions of this law, a charge by the railway company for the switching or transfer of cars either to or from the coal mines of complainants and the Mason City & Fort Dodge Railroad company would be discriminating against both the complainants and the product of said mines. There is no showing, so far as the record discloses, that would, in any way, entitle the railway company to charge complainants herein for the switching of cars to and from the mines of complainants, where no charge is made to other shippers or patrons of the line of railway for similar service. We have taken into consideration the distance of the switching of these cars, together with the grade and necessary power and labor in the handling and transfer thereof, but we cannot, under the plain provisions of the statute heretofore quoted, conceive of any reason why $5 per car should be charged to the complainants for switching and no charge whatever made to other shippers and patrons of said railroad and coal company. The fact that the railroad company may have a joint traffic agreement regarding other products delivered by it to the Mason City & Fort Dodge Railroad company, for which the said Crooked Creek Railroad and Coal company received its proportion of the through rate, would not, in our opinion, justify or warrant the railway company in making a switching or transfer charge against the complainants or the product of their mines.

We, therefore, have reached the conclusion that the Crooked Creek Railroad and Coal company has not the right or authority to charge the complainants $5 per car, or any other sum, for the switching or transfer of the cars of the complainants from their mines to the Mason City & Fort Dodge Railroad company's tracks, so long as no charge is made against any other shipper or patron of the railway company for similar service, that is, for the switching or transferring of cars either to the Mason City & Fort Dodge railroad or to any other of the connecting lines of said railway.

It is, therefore, ordered and determined by the board of railroad commissioners that said Crooked Creek Railroad and Coal company shall cease making any charge or exacting of complainants any compensation whatever for the switching or transfer of cars for complainants to or from their mines and the tracks of the Mason City & Fort Dodge Railroad company.

Des Moines, Iowa, April 19, 1898.

No. 1870-1898.

A. RUCHTE AND OTHERS,

V

THE TURKEY RIVER & WEST UNION BRANCH OF THE CHICAGO, MILWAUKEE & ST PAUL RAILWAY Co.

Complaint asking for additional train service.

For some considerable time there has been pending before the board of railroad commissioners a general complaint against the Chicago, Milwaukee & St. Paul Railway company, made by residents of different towns along the branch of this railway between and including Turkey River Junction and West Union, and including the traveling salesmen having occasion to transact business along this line, as well as the Dubuque jobbers, wholesalers and manufacturers.

The complaint is made by numerous petitions as well as correspondence. As the petitions are substantially the same except the signatures thereto and the names of the towns the rein, it will only be necessary to incorporate one of the petitions in order to get a general understanding of the grounds of complaint therein made. The petition setting forth the complaint is substantially as fullows:

“We, the undersigned residents of Osterdock, Iowa, ore of the stations on the Turkey River and West Union branch, extending from Turkey River Junction, in Clayton county, Iowa, to West Union, Fayette county, Iowa, hereby invoke the assistance of your honorable board for the procurement of a first class daily passenger service each way between the above named terminal of said Turkey River branch of the Chicago, Milwaukee & St. Paul railway, and in support of this application your petitioners respectfully represent that said branch of the Chicago, Milwaukee & St. Paul railway existing is traveled over entirely by west bound passengers from Turkey River Junction and all points north and south and east of said junction whose destination is West Union or points beyond, situated on other lines of railroad connecting with said Chicago, Milwaukee & St. Paul railway at West Union, and also by east bound passengers traveling from West Union or any of the other poin s last referred to, to any of the points first referred to; that the only accommodation now furnished to the traveling public by the Chicago, Milwaukee & St. Paul Railway company on said Turkey River branch of its road, is afforded by a train which carries freight as well as passengers. The latter being thereby subjected to the delays necessarily incident to the travel upon trains which are wholly or partly employed in the freight traffic, that the facilities for travel thus afforded are greatly inadequate, that the travel over and upon said branch is so extensive that the convenience and proper accommodation of the traveling public requires, and the passenger travel upon the branch fully warrants, a daily passenger service each way on said branch by a train employed in the carrying of passengers. Therefore your petitioners respectfully request that your honorable board take such action in the premises as will insure an early equipment of said Turkey River branch of the Chicago, Milwaukee & St. Paul railway, with a first-class passenger train to run daily each way between the towns on the branch. Respectfully submitted."

Copies of all petitions and correspondence relating to this complaint were at once sent to the railway company with the request that if upon investigation, it should be found that the business upon this branch would warrant and justify it,

that the patrons along this line should receive better train service and that an additional passenger train be at once put upon this branch as requested by the petitioners. The railway company in reply thereto in due time submitted a statement showing the passenger earnings on this line, and claiming that the past as well as the present experience of the railway company, would not permit them to operate the additional train without a loss. After an examination of the statements submitted by the railway company and the claim made by the petitioners, it became apparent to the board that an amicable adjustment could not be reached, and after giving all parties reasonable notice, the commission made a personal inspection of the line and stopped at each and all of the towns making complaint and gave all parties who cared to be heard, an opportunity respecting any complaint which they might have against the service, as well as any other grounds of complaint. Many business men at each town met the board and the railway officials and stated their reasons for asking the additional train service, and at West Union a very large number of the citizens were present. Dr. L. Fuller, C. B Minchner and Thos. L. Green were selected to represent the citizens of that town. It was vigorously contended on the part of each that when the railroad was constructed, that upon the payment of a 5 per cent tax upon the property of the township in which West Union is situated, the Chicago, Milwaukee & St. Paul railway would give them a first-class railway service upon this line, and that the railway company received from this township about $34,000 from such tax. It was contended that this was a valid agreement and was one which the public might enforce against the railway company. We do not pass upon this branch of the case at this time. Another ground of complaint that was urged with a good deal of force by the people of West Union, was that the manner in which the trains had been operated gave those along the line of this railway no opportunity to visit West Union, which is the county seat of Fayette county, and transact business and return the same day. It was contended that, as a rule, this train reached West Union late, and at once, or as soon as the engine and cars could be turned, started on its east bound trip. An inspection was made of the arrival and departure of this train as shown by the train sheet kept by the railway company at this point and an inspection was also made of the coach that was used upon this branch for the carrying of passengers. The board at once suggested to the officials of the railway company that a better coach and a longer time at West Union should be given the public without any unnecessary delay. It was suggested that in the future operation of this train that it should be provided with air brakes and that at least a passenger coach and a smoker and a baggage car, each to be of good and suitable character for the carriage of passengers and baggage, should be attached to each train operated thereon, but that the last named car might be a combination car; that in the operation of said train between West Union and Turkey River Junction, the coach, passenger and baggage cars should be pulled up to and alongside of the platforms at each station, so that passengers might with safety and convenience pass to and from said coaches and that in the operation of such trains the employes thereof should have due care and regard for the safety, comfort and convenience of passengers thereon; that said railway company in the future should, in formulating and publishing the time table therefor and in the future operation of said trains between the points aforesaid, have due regard for the safety and convenience of passengers carried upon said trains and that the length of time between the arrival and departure of said trains at West Union, as fixed by the schedule or time table then in use,

which shows the arrival of said trains to be about 11 o'clock A. M., and their departure therefrom to be about 3 o'clock P. M., should not be substantially lessened, and if it could be reasonably done the time should be extended. These requests, as we understand it, have been substantially complied with on the part of the railway company and much of the complaint of the people of West Union and other stations along the line is thereby lessened and greatly decreased. On account of the death of one of the members of the board who made the personal investigation of this line of railway and the complaint for additional service provided thereon, no public announcement or decision has been reached; that subsequently and upon the reorganization of this board, a second personal investigation has been made by the board of railroad commissioners; that in making this inspection, the passenger as well as the freight earnings of each town along the line of this railway, together with the arrival and departure of trains at each town was carefully investigated and ascertained.

Subsequent to the filing of the petitions herein, containing the complaints against said railway company, this board has received what might be termed counter petitions or remonstrances by many of the live stock dealers residing and doing business along this line of railway, asking the board not to interfere in any way with the present operation of freight trains carrying live stock to the Chicago and Milwaukee markets. From an investigation on this branch of the industry and products, the board is of the opinion that the live stock and dairy interests furnish the greater proportion of the earnings of this railway, that it could not well change or modify the operation of these freight trains respecting the carrying of the live stock and dairy interests and other perishable property, without a great detriment, not only to the railway company but to the stock raisers and shippers and dairy interests in these different localities along the line of this railway. At the last investigation and inspection that was made by the board a hearing was granted to the jobbers, wholesalers and manufacturers of Dubuque and their complaint was heard, many of the jobbers and wholesalers appearing at such meeting. During the different investigations had respectirg this matter, it may be well here to note that, with but very few exceptions, no jobber or other interested party insisted that the board should make an order requiring an additional train upon this branch, if in its opinion the earnings of the line would not justify such additional expense.

This line of railway is about fifty-six miles in length, it traverses a rich and productive country, but the roadbed, by reason of the uneven topography of the country, is necessarily an expensive one. Many bridges and sharp and numerous curves and grades exist thereon. Within the last few years the railway company has greatly improved the bridges and culverts upon this line as well as the road bed thereof; from the showing made by the company and submitted to the board it appears that a large expenditure has necessarily been made thereon. The board has had to contend, in the investigation of this case, with the same difficulty that it has encountered in many other cases of similar character. That is, to apportion as nearly as may be, the earnings of the through business in and out upon this line. The live stock and dairy interests, which we have stated is a very large one, originating upon this line, compared with other commodities, is principally sold and delivered at Chicago.

We have not, and will not attempt at this time, tɔ make an approximate estimate or apportion the exclusive earnings of this line compared with the grcss earnings originating upon and received upon this line, and what proportion and amount thereof should be credited thereto. That on account of the difficulty

experienced by the board in respect thereto, it has been suggested to the railway company that in order to aid and assist the board in reaching a more definite and satisfactory conclusion, and to the end that the differences between the complainants and the railway company be ascertained and demonstrated as nearly as may be, that the railway company operate an exclusive passenger train upon the branch daily each way, except Sundays, for the period of ninety days, and that the passenger earnings thereof be reported to the board at the end of each month. The railway company, in compliance with this request and to the end that these questions in controversy may be better demonstrated, or as nearly as may be, have consented to operate an additional passenger train upon this branch. It is, however, directed and requested by the board that the present operation and movement of freight trains, as now scheduled, shall not be interfered with or substantially changed; that it is suggested to the railway company that this additional passenger train be operated and go into service from and after the 12th day of March, 1899, and be operated as aforesaid, for the space of ninety days, and that in the operation of this train it shall leave Turkey River Junction in the morning upon the arrival of its through passenger trains at that point north bound, reaching West Union as early as practicable thereafter, remaining at West Union until such time as it may be necessary to return to Turkey River Junction, in order to make connection with its through passenger trains south bound at that point. With these suggestions this case will remain in its present condition until the board is better informed respecting the passenger earnings of this additional train.

During the month of March, 1898, the McCaull-Webster Grain company, of Minneapolis, Minn., complained of the action of the Illinois Central Railroad company, alleging that it refused to ship a certain carload of corn at Manson, Iowa, billed to C. C. Crowl, at Leland, Iowa, care of the Minneapolis & St. Louis Railroad company at Fort Dodge, Iowa.

Thereafter, on the 6th day of April, said complainants, by and through their attorneys, Granger & Bennett, filed with the commission a petition as follows: Before the railroad commissioners of the state of Iowa.

Comes now the petitioner, the McCaull-Webster Grain company, and for complaint against the Illinois Central Railroad company says that petitioner is a corporation, engaged