If we should cause the highway to be altered to go around their bridge, it would entail an expense upon us about equal to what it would cause the railroad company to move their bridge, and would cause the traveling public during the endless ages to come to travel around this little bridge which the railway has put in the center of the road, causing time and expense not easily computed. We insist that the railway company remove their bridge from the limits of this highway and construct a proper crossing for the use of the public. We think that under the circumstances that they should do this. I have never personally seen the location of this bridge, but I understand from persons who know that there will be no trouble in making a crossing at this place, that the grade would be no higher, or about the same as it would be if we moved the highway around this little bridge of the railway. J. C. RAYMOND. This further communication from Mr. Raymond was, on August 15th, submitted to Mr. Brady with this suggestion: After noting the enclosed, please make any further statements relative to this case you may deem advisable, and send the same to the board at an early day. The case rested here until Sep ember 3d, when Mr. Raymond was advised as follows: DEAR SIR-Again, referring to the petition of Henry Bell, et al., in regard to crossing over the Burlington, Cedar Rapids & Northern, please advise by early mail whether you have had any further correspondence with the officials of that company, and whether the case has been adjusted. If not, the members of the board will visit the locality if necessary, and suggest that you make a date any time after next week, except the 24th inst. Very respectfully yours, By order of the board. W. W. AINSWORTH, Secretary. In reply to the proposition to visit the locality, Mr. Raymond says, on September 16th: I have received a letter from the superintendent at Eagle Grove, stating he had reached an agreement with the people of Garfield township, which settles the difficulty, and the crossing will be put in. With many thanks for your assist(signed) ance. This will close the case. C. 1785-1897. W. F. WARNER, LUANA, V. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY. J. C. RAYMOND. Insufficient depot grounds. On July 25, 1896, the following complaint was filed with the commissioners: LUANA, Iowa, July 23, 1896. Honorable Board of Railroad Commissioners, Des Moines, Iowa: GENTLEMEN-I, the undersigned person, living near the town of Luana, Clayton county, Iowa, situated on the Chicago, Milwaukee & St. Paul railway, hereby call your attention to the extreme lack of accommodation for loading and unload ing freight at Luana. There is but thirty feet allowed the people in which to load and unload freight. While unloading a car of corn a few days ago the railway company set the car of corn aside and placed another car in its place to be loaded with butter, which hindered two men and two teams one-half day. Your petitioner asks of you if there is no way whereby the people of Luana and vicinity cannot have better accommodations for loading and unloading freight. Hoping that your honorable body will investigate the matter and see that justice is given the people, I remain Yours truly, W. F. WARNER. A copy of this complaint was sent to Mr. A. J. Earling, vice-president and general manager of the Chicago, Milwaukee & St. Paul Railway company, and on August 13, 1896, his reply was received. It was as follows: CHICAGO, August 12, 1896. I am in receipt of your letter of the 27th ult. in reference to the complaint made by W. F. Warner, of Luana, Iowa. In reply I beg to say that there has been some question as to the ownership of the depot grounds, but 1 think it has now been arranged so that there will be ample room to handle all the business that is likely to come to that station-at any rate the company will see that proper facilities are afforded, and to that end will, if necessary, move the depot in order to provide sufficient depot grounds. Yours truly, A. J. EARLING, Second Vice-President and General Manager. A copy of which was sent August 13, 1896, to the complainant. His reply is as follows: Board of Railroad Commissioners: LUANA, Iowa, August 26, 1896. GENTLEMEN—In reply to yours of the 13th, will say that I have taken time to look the matter up and I find that to get to track marked 66 feet that we have to cross private property and the creamery company have been notified that action for trespass will be commenced if they use the ground for loading or unloading; that leaves the space of 30 feet for use. I send you plat of the railroad track, etc., showing situation. If the railroad company will defend us in action, if any, in the 66 feet it would answer, but to be obliged to back heavy loads to the track in 30 feet is close work. Yours truly, W. F. WARNER. A copy of this letter was sent to Mr. Earling and he replied, saying: CHICAGO, September 5, 1896. Mr. W. W. Ainsworth, Secretary Board of Railroad Commissioners, Des Moines, Iowa: DEAR SIR-I am in receipt of your letter of the 27th ult., in reference to the complaint of W. F. Warner, of Luana, Iowa. Upon further investigation it appears that these complaints are the result of a quarrel between Burgess and Warner, and that it is not so much a question of room as it is of a dispute between these two parties. We will see to it that there is sufficient room provided to handle the business at this station, and if we find that we do not own the ground referred to, and can not acquire it at a reasonable figure, we will move the depot to another location. Yours truly, A. J. EARLING, Second Vice-President and General Manager. The complainant was advised by letter dated September 9, 1896, as to the position the railway had taken, and in reply he sent the following communication: LUANA, Iowa, September 15, 1796. To the Railroad Commissioners of the State of Iowa: DEAR SIRS-In regard to your letter of the 13th inst. we wish to state that it is not in regard to any difficulties between Messrs. Burgess and Warner, but you will find, if you will take the trouble to investigate, that the entire public is interested in the matter. The superintendent of the railroad company has been here and secured of Mr. Burgess the privilege of the use of the ground, 66 feet west of depot, for the next sixty days, commencing September 1, 1896, after which time we will again be confined to the space of 30 feet east of depot, the same as we have been for the past six months. If the honorable board will send a man up here to investigate we will furnish you ample evidence that the above statement is true. Respectfully, W. F. WRANER, C. C. MILLER, And the following letters and telegram were addressed to General Manager Earling: DES MOINES, Iowa, September 18, 1896. Mr. A. J. Earling, General Manager Chicago, Milwaukee & St. Paul Railway Company, Chicago, Ill.: DEAR SIR-The commissioners are again in receipt of a letter from parties at Luana in regard to the condition of the depot grounds—that is, that the land you have is entirely inadequate to properly conduct the business of shipping, receiving and handling freight at that station. The commissioners are also informed, that you have leased additional ground, but only for sixty days. The board trusts you may see your way clear to grant the people of that locality the necessary ground and room to conveniently transact the railway business at that place. The commissioners note what you say about the trouble between certain persons there, but it is stated that this is not the cause of the demand for more room. This is a small matter and it is hoped that the case may be amicably arranged between the railway company and its patrons without the further aid or assistance of this board. Very respectfully yours, By order of the board. W. W. AINSWORTH, Secretary. October 30, 1896. Mr. A. J. Earling, General Manager Chicago, Milwaukee & St. Paul Railway Company, Chicago, Ill.: DEAR SIR-Kindly note letter from this office under date of September 18th in reference to station grounds at Luana, and state at an early convenience whether the case has been adjusted, in order that, if so, proper entries may be made upon the records of the office and the case closed. Very respectfully yours, W. W. AINSWORTH, Secretary. [Telegram.] DES MOINES, Iowa, November 10, 1897. Mr. A. J. Earling, Vice-President and General Manager Chicago, Milwaukee & St. Paul Railway Company, Chicago, Ill.: Will you kindly reply to letters of 18th and 30th ult.? For the commission. W. W. AINSWORTH, Secretary. CHICAGO, November 10, 1896. Mr. W. W. Ainsworth, Secretary Board of Railroad Commissioners, Des Moines, Iowa: DEAR SIR-Referring to your telegram of this date. I have deferred answering your letter for the reason we are negotiating for the purchase of some property at Luana, Iowa. I now expect the matter will be closed within the next week or ten days. I would prefer that nothing be said to the complainants at Luana of our negotiations for the purchase of the property, otherwise it may cost us more than it should. I will advise you when the matter is closed. Yours truly, A. J. EARLING, Second Vice-President and General Manager. DES MOINES, December 21, 1896. Mr. A. J. Earling, General Manager Chicago, Milwaukee & St. Paul Railway Company, Chicago, Ill.: DEAR SIR-Kindly see yours of November 10th regarding the situation at Luana and advise the commissioners at an early convenience whether this matter has been adjusted as, if so, they desire to close the case for insertion in their forthcoming annual report, now in preparation. Very respectfully yours, W. W. AINSWORTH, Secretary. CHICAGO, December 26, 1896. Mr. W. W. Ainsworth, Secretary, etc., Des Moines, Iowa: The matter of insufficient passenger platform at Luana, Iowa, referred to in your letter of the 17th is receiving attention. The agent at this station states that there is no cause for complaint, that the platform is ample in length and is satisfactory in every way. I have, however, instructed the superintendent to make a personal examination of it the first time he passes over that portion of Yours truly, A. J. EARLING, Second Vice-President and General Manager. the line. DES MOINES, Iowa, December 29, 1896. Mr. A. J. Earling, General Manager Chicago, Milwaukee & St. Paul Railway Company, Chicago, Ill.: DEAR SIR-TO yours of the 26th inst, in reference to length of platform, etc., at Luana, I am instructed to suggest in reply that should it appear upon investigation that the platform is of sufficient length, it would seem that in such case that pains should be taken to either pull the cars carrying passengers to the platform or to such point that alighting therefrom will be both safe and convenient for the public. Very respectfully yours, For the commission. W. W. AINSWORTH, Secretary. LUANA, Iowa, January 5, 1897. To the Board of Railroad Commissioners, Des Moines, Iowa: GENTLEMEN─In regard to the grounds at Luana for loading and unloading freight they remain the same as when I first wrote you some months since, except that Mr. Burgess has given them leave to use the space of 66 feet for a short time. You will remember that I sent you plat of track and grounds; also, as I thought, ample proof that there was no fight between Mr. Burgess and myself in the matter. Now can you do anything for us so that we may have a fair amount of room? If you need proof on any point shall be glad to furnish it. Yours truly, W. F. WARNER. DES MOINES, Iowa, February 25, 1897. Mr. A. J. Earling, General Manager Chicago, Milwaukee & St. Paul Railway Company, Chicago, Ill: DEAR SIR-The commissioners have again had before them the question of the settlement of whatever difficulties there may exist at Luana in reference to insufficient station grounds, and there is sent you herewith copy of a communication from W. F. Warner in regard to the subject. Your letter of December 22d seemed to indicate an early settlement of the matter. If this has been accomplished, will you kindly advise the commissioners to that effect? Very respectfully yours, For the commission. W. W. AINSWORTH, Secretary. CHICAGO, March 1, 1897. Mr. W. W. Ainsworth, Secretary, etc., Des Moines, Iowa: DEAR SIR-Replying to yours of the 25th ult. We have finally succeeded in concluding the purchase of additional land at Luana, and believe that in the future there will be no cause for complaint on account of insufficient station grounds. Yours truly, A. J. EARLING, Second Vice-President and General Manager. Mr. W. F. Warner, Luana, Iowa: DES MOINES, Iowa, April 27, 1897. DEAR SIR-I am directed to say that this office has advices from the general manager of the Chicago, Milwaukee & St. Paul Railway company, that the company has succeeded in concluding the purchase of land at Luana for additional station grounds. Will you kindly inform the board whether the present situation meets the desires of your people? Awaiting an early reply, I am, Yours very respectfully, W. W. AINSWORTH, Secretary. LUANA, May 1, 1897. Board of Railroad Commissioners: GENTLEMEN-Yours of April 27th at hand. Will say in reply that everything is o. k. at this end of the railroad. Thanks. Yours truly, Closing the case. W. F. WARNER. |