missioners also took up this complaint, and after discussing the matter it was amicably adjusted, and the case is closed.

Mr. Edmonds wrote the board stating that he wanted a location for elevator site at Ashton; that the company refused to grant him the same; that in 1892 he had the same matter up with the board of railroad commissioners and finally secured site, but that at that time he had purchased other houses and did not accept the site; he now wishes the site; that the conditions are the same at Ashton as they were in 1892.

The matter was brought to the attention of the railway company, and on January 24th Mr. W. A. Scott, general manager, advised the board that all available property for elevator sites at Ashton had been under lease for some time and most of it occupied; that Mr. P. H. Peavey made application for site before Mr. Edmonds filed the application he referred to, and is to construct an elevator there of 40,000 bushels capacity, and as all other ground is occupied by coal sheds and other buildings which are in use, he could see no reasonable grounds for cancelling leases held in good faith by other parties, to locate another elevator which would not be at all needed after Mr. Peavey's is constructed; that if Mr. Edmonds had taken the location they granted him, all would have been satisfactory, but he concluded not to accept it after they made the tender, and as Mr. Peavey then made his application and is acting upon it in good faith the company could not discover what cause Mr. Edmonds had for complaint, for surely it would not be to his interest any more than the company's to have any more elevators there than there would be when Mr. Peavey's was finished.

Mr. Edmonds, in a later letter, insisted that he wanted the site whether Mr. Peavy went in there or not. The commissioners visited Ashton on February 28th, heard statements of parties for both the railway company and Mr. Edmonds, inspected the premises and noted the elevators already constructed. On March 27, 1899, the board wrote Mr. Edmonds that the question of elevator sites had been before the board on many different occasions, and that the authority of the board with reference thereto was to some extent in doubt. The board further said:

"A decision rendered by the supreme court of the United States, in what is known as the Nebraska case, seems to hold that the authority of the state board of railroad commissioners upon questions of this kind is limited, and in that case they held that the board of railroad commissioners of Nebraska could not make a valid order appropriating the property of a railway company for uses of this kind. However, this board has been inclined to hold that it is the duty of a railway company to grant the right for elevator and warehouse purposes upon its right of way sufficient and adequate to transact, in the ordinary way, grain and

other business at the different stations along its line in this state. This is about as far as the board has believed it had the authority to go.

"The question to whom this right or privilege shall be granted is lodged with the railway company. Of course such company must exercise this right, as well as all others, in a reasonable and proper manner, but it is the opinion of the board that it has no more authority to designate the person to whom this privilege shall be granted than it would have to designate the person who should be employed by the railway company.

"If, in your judgment and opinion, there is not sufficient ground granted or extended to elevator or warehouse owners or operators at this point to properly handle and ship the grain received there, the board will be glad to render you any assistance in procuring such additional grounds as may be necessary to that end, but it would not be inclined to interfere with the railway company with reference to whom such additional grounds or privilege should be extended.

"The board would be pleased to render you any aid or assistance that it might be able to in the premises."

On September 20th Mr. Edmunds wrote the board again stating that no elevator had been erected at Ashton since the ... and he thought he should be allowed to build an elevator there. In answering Mr. Edmunds, his attention was called to the board's letter heretofore, and he was advised that a petition signed by the farmers bringing produce to Ashton for marketing, or would do so if he was granted a site for elevator at that place, ought to have considerable influence with the railroad company and that if it could be signed by the business men of Ashton it would add to its influence. He was further advised that from the commissioners' examination of the premises and the statements made at the hearing, there seemed to be hardly enough shipments offered at that place to keep the elevators running that were already there, but if it could be shown to the railroad company that it would prove profitable to build the elevator the site would quite likely be granted.

Des Moines, Iowa, November 9, 1899.

No. 2035-1899.

In matter of train connection at Waterloo between the Illinois Central Railroad company and Chicago Great Western Railway company. January 18, 1899.

The attention of the commissioners had been at various times called to the arriving time at Waterloo of the train leaving Mona in the early morning on Illinois Central, which was a few minutes after the departure of the Chicago Great Western train south, at 7:42 A. M. The matter was taken up personally with the officials of the Illinois Central Railroad company, who assured the board they were willing to shorten their time so that connection might be made if the Chicago Great Western would make their leaving time a little later. The case was thereupon laid before General Manager S. C. Stickney of the Chicago Great Western Railway company on January 18, 1899.

The Chicago Great Western Railway company advises the commission that they were willing to arrange a new schedule, if satisfactory concessions were made by the Illinois Central, and meantime issued the following notice:

CHICAGO GREAT WESTERN RAILWAY COMPANY,
OFFICE OF SUPERINTENDENT.

All Concerned:

Bulletin No. 282.

DES MOINES, January 23, 1899.

Train No. 5 will hereafter wait at East Waterloo to connect with Illinois Central train No. 32, due at 8 o'clock A. M., when, by so doing, connection can be made, and providing a report is received in advance of the leaving time of No. 5 indicating that there are passengers on the Illinois Central train who desire to make connection with our train. J. BERLINGETT, Superintendent.

At a later time the commissioners were advised that passengers desiring to make the transfer at Waterloo were fully accommodated, and the case is closed. Des Moines, Iowa, November 13, 1899.

The Keokuk & Western Railway company filed formal complaint with this board dated January 25th, copy of which follows below:

"The Keokuk & Western Railroad company delivered to the Chicago, Rock Island & Pacific Railway company, on the transfer track at the station named Rock Island Crossing on the line of the Keokuk & Western railroad, 19.76 miles south of Des Moines, Keokuk & Western car 8,113, loaded with lump coal, on the 19th day of January, 1899, consigned to Barney Johnson, Bevington, Iowa, a point on their Winterset branch of railroad about three miles west of Rock Island Crossing.

"The officials of the Chicago, Rock Island & Pacific railway refuse to accept said car of coal and refuse to forward same to destination.

"All charges appertaining to or accruing on said coal to Rock Island Crossing have been paid and the Chicago, Rock Island & Pacific railway has only to forward the car to Bevington and collect their local tariff on same. They base their refusal to remove said car on the grounds that Rock Island Crossing is not a 'regularly authorized junction point.'

"The commissioners will, doubtless, recall the matter of establishing a connecting or transfer track at this point on the application of the Des Moines & Kansas City Railway company in the year 1897, for such business of which this car of coal is a part and under contemplation when connection tracks were ordered built by the commissioners.

"As the Chicago, Rock Island & Pacific Railway company refuse to join the Keokuk & Western Railroad company in joint rates established by the railroad commissioners, the Keokuk & Western company to handle such business as rep

resented by this car of coal is obliged to make a way bill to cover such freight with the charges collected to Rock Island Crossing, sending said way bill to Keokuk & Western agent and office, Des Moines, at which point Keokuk & Western agent makes a transfer bill covering consignment and delivers to Chicago, Rock Island & Pacific agent, Des Moines, which should be given to Chicago, Rock Island & Pacific conductor of train, whose duty, when so handed, is to pick up said car of freight at Rock Island Crossing and forward to destination, the agent at destination collecting Chicago, Rock Island & Pacific local charges.

"The proper billing and transfer way bill in the case of car 8,113, coal for Bevington, was followed and delivered to agent of the Chicago, Rock Island & Pacific, Des Moines, or his representative. I attach copy of transfer way bill, marked 'A, as a part of this correspondence, also telegraphic correspondence with Chicago, Rock Island & Pacific officials.

"The car of coal at this date is still on transfer at Rock Island Crossing, subject to change from the elements, and the consignee is deprived of his property by the action of the Chicago, Rock Island & Pacific Railway company.

"The Keokuk & Western Railroad company hereby makes a request of the commissioners that the Chicago, Rock Island & Pacific Railway company be ordered to forward, without delay, the car of coal in question.

Respectfully, A. C. GOODRICH, Vice-President and General Manager Keokuk & Western Railroad Company." The case was immediately taken up with respondent company by wire, and on January 30th the commission requested the Chicago, Rock Island & Pacific to switch the cars in question, and, if they so desired, the rights of the parties could be determined at a later time. However, after the switching of the cars, it seemed that no further action on the part of the board was desired and the case was closed.

Des Moines, Iowa, November 11, 1899.

No. 2037-1899.

G. F. SCHAFNIT, MOSCOW,

V.

CHICAGO, ROCK ISLAND & PACIFIC

RAILWAY COMPANY.

Complaint filed January 30, 1899.

Refusal to furnish cars for ear corn.

Mr. Schafnit complained that the agent at Moscow told him he could not furnish cars for shipment of ear corn to Davenport for shelling, but that on date of his letter he saw two cars of ear corn were going to be loaded; that he asked the agent about it, and he told him that the company had granted a permit for it to Counselman & Co. Mr. Schafnit asked whether Mr. Counselman had a better right to ship ear corn than anybody else, and whether the railroad company can favor one man and not grant the same to other shippers.

The complaint was brought to the attention of the railway company, who explained the situation, saying that at the time Mr. Schafnit desired to load cars the elevator at Davenport was clogged with the amount of corn on hand for shelling, the tracks full of loaded cars, and they could receive no more grain until some of that which they had was disposed of, and agents were instructed to

receive no more for them until further notice; that, later, the situation was relieved, the blockade notice withdrawn, and that would explain why Counselman & Co. were allowed to load the cars as stated by Mr. Schafnit; that Mr. Schafnit was advised of these facts by the railway company.

The board wrote Mr. Schafnit, informing him of the answer of the railway company, and he advised the board, on February 1st, that he had received notice of the raising of the blockade, and thanked the commissioners for their prompt action and careful attention in the matter.

Hon. A. J. Chantry, of Malvern, filed with the board a numerously signed petition of the citizens of Strahan and vicinity, asking that the board use its influence and endeavor to induce the Port Arthur Railroad company to stop its passenger train No. 14 at that station in Mills county, alleging that the public was very much inconvenienced on account of that train not stopping at said station.

The matter was laid before Mr. B. S. Josselyn, general superintendent, who made reply on March 9, 1899, as follows:

"I have yours of the 6th instant, conveying to me the complaint of the Hon. A. J. Chantry, of Malvern, Iowa, inclosing petition of citizens of Strahan and vicinity, concerning the stopping of train No. 14 at that station. I appreciate, to some extent, the disadvantage these people labor under by reason of train No. 14 not stopping at that station, but you will admit that there are always two sides to every question. This train carries the fast mail, Omaha to St. Louis, in competition with the 'Burlington,' and we are forced to cut every stop possible in order to make the time required, so that we can hold this fast mail to our line. If it were not for the revenue we derive from this fast mail, we could not afford to run the train, or if that train were run, the other would be required to come off. "I will be very glad, therefore, if you will say to Mr. Chantry that the failure to stop this train at Strahan, and several other points on the Omaha & St. Louis, is not due to any feeling of indifference to our patrons, but is necessary in order that we may give the United States government the service they require.

"At any time this condition changes so that we may have more time to give this train, or that our physical condition is in such shape that we can make fast time and also make stops, we shall be very glad to do so."

Copy of the foregoing was furnished Mr. Chantry, on March 13th, for his information and any further statements he might desire to file before the case was closed. No word has been received from the complainants, however, and it being the policy of the board not to interfere with the running of through fast trains, unless a much stronger showing is made than was made in this complaint, the case is closed.

Des Moines, Iowa, November 9, 1899.