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adequate shipping facilities. One reason for this is the constant and rapid change of markets to which shipments are made, and the demand for cars to go off of respondent's line, on to other roads.

Section 10, chapter 77, acts of 17th G. A. says: "It shall be the duty of any railway corporation, when within their power to do so, and upon reasonable notice, to furnish suitable cars to any and all persons who may apply therefor, and to receive and transport such freight with all reasonable dispatch."

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In cases of shortage of cars, on page 809, Commissioners' Report for 1887, the Commissioners say: "It seems to them that all losses occasioned by the failure to furnish adequate transportation should not be borne by the producer and shipper; that the carrier who undertakes to provide the necessary facilities should be held to strict account for failures that reasonable foresight could have guarded against."

It is the opinion of the Commission that with its past experience and knowledge of the state of affairs, annually, at Fruitland, that respondent company should make extra effort to meet the extraordinary demand for cars at this point each year, which it does not appear to have fully done in the case in controversy.

In a letter to the Board dated September 8, complainant says: "We are now furnished with plenty of cars. Will communicate further with Mr. St. John concerning the destination of cars, and think probably arrangements more satisfactory to all can be made for another season."

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On May 26, 1890, the Rev. John Potter, of Lynnville, Iowa, makes complaint that the train that left Eddyville at 3 A. M. in the morning carried passengers; that he got upon the train and tendered the conductor his fare (the ticket office not being open so that he was unable to procure a ticket), and that he was ejected from the train greatly to his inconvenience. It is not understood that Mr. Potter asks any remedy, but only such ruling from the Board as will prevent the repetition of such annoyance.

The rule of law that governs the transportation of persons is that the railway companies must furnish sufficient trains to accomodate travel; they are not required to, but may carry passengers upon freight trains; they may properly make a regulation that passengers before going on board freight

trains shall procure tickets at the company's office, and on failure to do so shall be expelled from trains, but in order to enforce such a regulation it is necessary that the passenger be enabled to procure a ticket, and that the ticket office of the company be open a reasonable time previous to the dedeparture of the train.

If 3 A. M. was an unreasonable hour for the office to be open the passenger demanding transportation and tendering his fare to the conductor, the only agent of the company that could receive it, should have been carried on the train.

Des Moines, Iowa, September 17, 1890.




Complaint filed February 19, 1890.

Station supplies.

On February 17th, Mrs. M. Stanley, of Sandusky, complained of lack of depot facilities at that point, stating that the depot building had burned down July 25, 1889, and that the superintendent refused to order it rebuilt, but put up a shed or wind-break instead, and that no shelter, fire or other conveniences were afforded the traveling public; that said depot was burned by the engine of freight train No. 7; that she had two rooms attached to the station, and dishes, clothing, furniture, etc., belonging to her were burned up, causing her a loss of $100.

February 26th Superintendent Levey, in answering complaint, said, "with reference to the old building that was burned, we have built a nice platform and shed, known as a wind break; it is enclosed on three sides, and has a settee running the entire length. The traffic at Sandusky is limited, and has never justified us in making it a regular station, or even having a side track there. I don't remember that Mrs. Stanley has presented a claim for losses, but this matter I have turned over to the claim department, and if Mrs. Stanley has a claim against us, will see that it is adjusted."

March 14th, Superintendent Levey writes the Board, "I enclose communication from Mrs. Stanley, who made complaint to the Commission about damage done to her property by fire sometime ago. A satisfactory settlement has been made with her, and her complaint to the Commission is withdrawn."

On the 22d of March the above complaint was renewed by Geo. W. Newman and other citizens of Sandusky, who stated that the citizens of Sandusky gave some $600 to $800 for the building of the original depot at that point; that it was destroyed by a cyclone, and afterwards rebuilt out of the ruins in in a limited way, by respondent company, and since burned down; that no accommodations are now provided for sheltering, protecting or warming passengers alighting from or taking trains at that place.

April 16, the Board requested a statement of the business done at Sandusky, which was furnished. After further correspondence, Superintendent Levey, July 17, informed the Commission that the material was on the ground for a small depot, and on the 5th of September complainants write: "I have the pleasure to report to the Board in answer to your letter of the 3d inst., that the St. Louis, Keokuk & Northwestern Railroad Company has erected us a neat and comfortable waiting room for the accommodation of passengers. It is large enough for our present wants. Superintendent Levey has shown by words and actions to us that he will do by us as well as our patronage will justify. We are well pleased. Very respectfully, Geo. W. Newman."

The case having been satisfactorily adjusted, is closed.

Des Moines, Iowa, September 17, 1890.

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On July 7, 1890, Gabriel Strand and fifty-two other citizens of Hickory Grove township, Jasper county, petitioned the Commissioners to order the establishment of a side-track and other shipping facilities at a point on the State Center branch of the Iowa Central, 5.7 miles west of Newburg, and 3.5 miles east of Laurel, the company having refused to put in such switch when requested by petitioners, on the ground of expense and the nearness of surrounding stations, which afforded ample shipping facilities for that section of country.

On July 29, the Commissioners viewed the proposed site for location and gathered such facts as possible regarding the lack of shipping facilities, necessity for a side-track at this point, distances to other stations, etc. They found the locality reasonably well supplied with transportation facilities, having a station at Laurel, less than four miles distant on the west; Newburg, about six miles east; Gilman, 5.5 miles northwest; Kellogg, some nine miles south. One of the complainants, Mr. Strand, living a mile further away from Gilman than the proposed siding, it was stated, is enabled to deliver three loads a day at that station, with ordinary diligence.

While the establishing of a siding at the proposed point would undoubtedly be a convenience to those living in the immediate vicinity, yet, with the accommodations for shipping that the surrounding country now enjoys in the four stations contiguous thereto, the Commissioners are of opinion that a side-track at the proposed point is not a necessity at this time, and the

respondent company should not be compelled to incur the expense that would result from the establishment of a siding, etc., at this point. The application is therefore respectfully denied.

Des Moines, Iowa, September 18, 1890.




Application for re-hearing.

An application for re-hearing in this case having been filed by J. G. L. Jahnsen, supported by an affidavit, and the same having been duly considered by the Commissioners, the application is hereby declined.

Des Moines, Iowa, January 13, 1891.

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On June 9, 1890, Mr. Wylie complains that the Chicago, Milwaukee & St. Paul Railway Company charges him 30 cents per ton for switching soft coal from his yard, which is miles north of its Davenport station, to the Oakton switch. The Oakton switch is within the limits of the city of Davenport, as extended, and about 3 miles from the Davenport station, making the distance about 2 miles. The complainant states that the Chicago, Rock Island & Pacific Railway Company switches cars to the Glucose Works in Davenport, about the same distance, for one dollar per car. The principal use of the Oakton side track station is stated to be for setting out cars of supplies for the Orphan's Home, situated near the side track. Mr. Wylie asks the Board whether the road is allowed to retain their present tariff to this station. The Commissioners, before making reply, took up and considered the matter of switching. The general definition of a switch is that movement of cars within yard limits where an engine and cars may run without orders from the dispatcher, or, in other words, that occupancy of tracks that belong to yard engines and where all approaching trains are expected to run with special care, knowing that their rights of track are second to switching

trains. In reply to Mr. Mylie the Commissioners stated that they "had finally settled down to this view, that a switch is that delivery within or without yard limits that is ordinarily made with a switch or special engine and crew, and does not partake of the character of the ordinary train made up for service over a line of road. While this work may be done by the regular train, it is understood as the work usually done by the switching


The attention of the C., M. & St. P. Company was called to Mr. Wylie'scomplaint, and on July 10, Mr. Cary, general counsel, replied that Oakton is a regular station on the line of the road, 2.7 miles from Davenport station, not connected, except by its main tracks, and so situated that cars cannot be transported by the rules applicable to switching cars, or in any other manner, except as cars are moved in trains from one station to another, running by time tables or special orders. The alteration of the city boundaries of Davenport to include Oakton does not change the situation, Oakton remaining a distinct station. The rate charged from Davenport to Oakton is that fixed by the Commissioners' tariff, and the company knows no reason why this rate should be reduced.

On August 28, the Commissioners were at Davenport, met Mr. Wylie, Messrs. Ripley, Bird and Cary, viewed the premises, and went over the entire question.

At the hearing Mr. Wylie stated that up to July, 1888, the company treated this service as a switch and charged two dollars per car; that the cars were taken out by the switch engine that pushed the freight trains up the grade, and that the empty cars were brought back from this station when it returned after the loaded cars had been put on the Oakton siding. From June 4, 1889, to June 11, 1890, 105 cars were taken to Oakton; that at 30 cents per ton he is unable to compete for the business and must abandon it. J. H. Fulton, the agent at Davenport, stated that under the rules a switch engine may go anywhere within yard limits, but not beyond, without special orders, that Cable's mill at the foot of the grade, was the switch or yard limit going north; have treated Oakton work as a haul for two years, formerly as a switch. When switch engine is ordered to Oakton it goes by special orders. Oakton is the summit of the grade; made out bills when the charge for switching was made; the switch engine helps nearly all freight trains up the Oakton grade.

Mr. Hassath, engineer on switch engine, runs to Oakton, but always has orders; no orders within yard limits; takes coal cars to Oakton and brings. empty cars back.

Mr. Wright, yardmaster, states that yard limits are the Cables' saw mill; inside of these switch engine runs without orders; his practice is ordinarily to go to Wylie's yard and haul coal to Davenport station, and there couple switch engine on to rear of train and push up to top of Oakton grade as part of train, uncouple, set out empty cars and in the loaded cars.

All witnesses agree that the service is rendered just as it was when a two dollar switching was made.

G. F. White, division freight agent, testifies that Oakton has been a flag station since 1877, and that his company switches cars to the glucose works, one and one half miles, for one dollar per car; this is over the D. & D. tracks, but as he regards it, is within the yard limits.

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