In report of this board for 1896, page 173, will be found a statement of this case. This board was advised on April 8, 1898, that the railway company had, in accordance with the wish of the commissioners, erected at this point a shingle roof building, 12 feet by 16 feet, for the convenience and accommodation of passengers and shippers.

This being in accordance with request of the board, the case is closed.
December 1, 1898.

This was a complaint that the depot platform did not seem to be sufficient for the needs of this station, and that the trains, when stopping at this station, left the passenger coaches so far from the platform that it could not be used, making it very unsafe and inconvenient for passengers to take the cars or alight therefrom at that point. The commission wrote the railway company concerning this case and were advised that if this was the condition of affairs at Luana that the same should be remedied without any unnecessary delay; that either the passenger coaches should be placed in such a position that passengers could use the platform already constructed or else the platform should be extended so that passengers in alighting from the car might have reasonably safe and convenient facilities.

It is understood that steps were at once taken to remedy the conditions complained of, and this case is therefore closed.

December 1, 1898.

On date named the following petition was filed with the board of railroad commissioners:

We, the undersigned, do humbly petition that you will take steps to cause a railroad station to be built at this place. We tender the following reasons: The Mason City and Fort Dodge Railroad company have had depot grounds laid off for about three years, and yet they don't seem disposed to build or give us any accommodations. 2. This is a good shipping point and we think we have sufficient business to warrant a depot. We think we can satisfy you on that point if you come to examine for yourselves. 3. We are subject to many inconveniences through having no place for passengers or freight. 4. Business is driven away or prevented from coming here. Several business men have been here to look over the ground, with the view of setting up in business, but when they saw the lack of accommodations, they passed us by. If you wish further information, address W. D. Drake.

Signed: W. D. Drake, J. B. Pigman, H. K. Scott, A. Wren, J. O. Scott, O. E. Wren, Guy L. Burger, Roll Hoover, J. F. Crosby, Thos. Laird, Henry Porter, Wm. Jones, and twenty-five others.

The case was immediately taken up with the railroad company, and after some correspondence had been had the railroad company, by Mr. E. S Hitchins, superintendent, on July 20th made the following answer:

Replying to petition of citizens of Evanston for a station at that point, I beg to advise that my investigation of the matter does not show there is sufficient business at the point to warrant my increasing the present facilities, as our receipts there for the past twelve months would scarcely be sufficient to meet the expense of a station.

From what I can learn, I am of the opinion this matter is being agitated not because there is sufficient business there to require more facilities, but because one or two parties wish to force us to locate an operator there in order to make it more convenient for them to get reports of the grain markets.

We try to be keenly alive to our own interest to furnish ample facilities for all business that offers itself, but feel that it would be unjust to require us to maintain a station at that point like the one in question, where we would pay out more than we would receive.

Copy of this answer was sent the petitioners and they were asked to give the board some further information respecting the amount of business done at Evanston, etc.

On July 30th Mr. W. D. Drake made reply substantially as follows:

1. We are situated about half way between Fort Dodge and Lehigh, being by rail seven and one-half miles from Fort Dodge and seven and one-fourth miles from Lehigh.

2. Number of inhabitants in town of Evanston, 53; naturally tributary to station, on a fair estimate, about 400.

3. Facilities, platform long enough only for a single passenger car, switch, depot grounds, small stock yard, tickets for sale at store, and express office.

4. Amount of business. I give this information from the main shipper, J. C. Evans. He has shipped since August, 1895, thirty-eight cars of grain and eleven cars of wood. What has been shipped in by carload I have no record of, but i know of nine cars of tile and lumber. As there is no freight agent, I have no record of way freight. I think that has decreased, because of no place for storage. I used to carry freight from platform to store for accommodation of patrons and railroad, and not receiving so much as "thank you," and I grew tired of it and quit. I know of freight that has laid on that platform for days consigned to men living a few miles away. Under these circumstances, no one will ship over the road only as necessity compels them.

I know there would be a large increase of freight if there was a station built here. Let me give you an example. A Mr. Martin, a storekeeper at Brushy, three miles from here, says that he would have all his goods shipped here were it not for lack of storage here.

There are in store here ready for shipment at some time, and it must go over this road, fifty carloads of grain and ten carloads of wood.

Tickets sold here during the year to the amount of 8200, and there is probably an undue proportion of cash fares from this place, strangers not expecting to find a ticket office in a store. I need not remind you that this is not a favorable year for business.

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Again, there is the inconvenience of the delay in needed goods laying over at Fort Dodge or some other station because said goods were not prepaid, this being a star" or prepaid station. I write here from experience.

5. Let me remind your honorable board that you were here two or three years ago and had the ground condemned for depot purposes. If it was condemned for that purpose, why is that purpose not carried out? What justice is there in compelling a man to sell a piece of land against his will and then not use that land? The railroad company have no moral right, whatever legal right they may have, to hold that land if they don't intend to use it.

Furthermore, those who have invested money here with the expectation of something in the future are entitled to some consideration, and after that action they certainly had reason for that expectation.

Mr. E. S. Hitchins again wrote the board on August 21st, saying among other things:

I have given this matter my personal attention with a view to obtaining a perfect understanding of the same and I am convinced that a station at that point would not pay expenses. Our total earnings at that point during the twelve months ending May 31, 1896, amounted to 8577.86, of which amount 8353 59 was account of grain forwarded.

In regard to the statement of Mr. Drake that goods are held at Fort Dodge unless charges are prepaid, would say that he is mistaken. Our conductors are instructed to collect charges where goods are not prepaid, or to leave expense bill with Mr. Evans, who owns the store at that point, and allow him to collect the same.

The board fixed Friday, December 11th, at Evanston, for a hearing of this case, and on date named met interested parties, heard such statements and evidence as were offered, and made personal inspection of the premises. At this time it was suggested to the railroad company that inasmuch as they had condemned land at that point for depot grounds they should erect a station building suitable for the needs of the public there. This was agreed to by Mr. Hitchins and it was supposed by the commissioners that this would close the case.

However, on August 10, 1897, Mr. Drake advised the board that no steps had been taken to construct the waiting room. The commission wrote Mr. O. B. Grant, who had succeeded Mr. Hitchins as superintendent of the railroad, that it had been advised that the depot had not been built at Evanston as agreed upon and he was asked to advise the board what his company proposed to do. The commissioners also told Mr. Grant that they expected this agreement to be carried out.

Mr. Grant wrote the board on November 4, 1897, substantially as follows:

Your letter of November 1st received. After receiving your letter of September 20th, I wrote to Mr. Hitchins, who preceded me here as superintendent of the road, and asked him to give me a statement of any agreement or arrangement that was made with anyone concerning matters at Evanston. He replied as follows:

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There was no agreement. They said: 'We think you and Mr. Evans can arrive at some amicable understanding, and we would much prefer to have it settled that way.' Evans wanted a little station, or waiting room, and said that if we put one there, he would build an elevator. I told him to go ahead and build his elevator, and we would put up the waiting room, he to have the keys and take care of it."

If this is a correct statement of facts as they occurred at that time, I beg to advise that Mr. Evans has done nothing in the way of putting up the elevator. We are ready to carry out our part of the arrangement as soon as Mr. Evans does his part.

If this is not according to your understanding of the situation, I should be glad to have you fully advise me.

The board answered Mr. Grant, stating that it did not understand that the building of an elevator by Mr. Evans was in any way contingent upon the erection by his company of a passenger waiting room at Evanston; that the board understood that the waiting room was to be built and still thought that should be done.

The commissioners further stated that they would much prefer that it be accomplished without any intervention or order on their part.

After some further correspondence had been had, Mr. W. D. Drake on May 16, 1898, wrote the board that the station was completed and was entirely satisfactory to the petitioners.

On date, May 5, 1897, Mr. S. D. Drake, of Algona, filed with the board petitions, containing many signatures, from the towns of Algona, Luverne, Buffalo Center, Armstrong and Burt, asking that the commissioners require the respondent companies to furnish and maintain proper conveniences for the transfer of passengers at the point where the Burlington, Cedar Rapids & Northern railway by an overhead crossing passes over the Chicago & North-Western railway in the northern part of Kossuth county, and that the trains of said companies stop at this point to take on and discharge passengers.

Copies of these petitions were laid before the officials of the railway companies, and the answers thereto are herewith given in full:

ANSWER OF BURLINGTON, CEDAR RAPIDS & NORTHERN RAILWAY COMPANY, BY C. J. IVES, PRESIDENT. FILED JUNE 3, 1897.

I have investigated the matter carefully and find, first, that trains carrying passengers on both roads are very wide of a connection at that point, and passengers would be compelled to wait much longer than would take them to drive to either of the adjacent cities. My impression is that the petitions you mention were gotten up under stress of the bad roads in the early spring, and that at the present time no such pressure would be brought to bear. The crossing in question is a difficult one to improve in such a way as to make it safe and convenient for the public. The North-Western track is on a very steep grade, and it would be very hard for their trains that carry passengers to make this stop. The long wait there would necessitate some sort of protection in the way of buildings, which would in the meantime be the abode of tramps, and the very great probability of their being destroyed by fire or otherwise. No one would, I think, for a moment consider the question of keeping an agent at that place for the care and protection of the property, as the passengers transferring there and the income derived by the railways from such source would be infinitesimal as compared with the expense.

Trust this explanation may be sufficient to satisfy the commissioners that these petitions should not be granted.