the case without having been guilty of the folly of deciding the case before hearing the evidence. The record discloses the reason why the evidence was not sooner furnished. It will be noticed that in the decision of the case reference is made to certain statements in a letter written by Judge Tubbs. This letter was received, having been addressed to Mr. McDill of the Board, and was called up by a report of the case in the Mills County Journal, in which Mr. Shinn, of counsel in the case for the Town of Hastings, made the statement: "Emerson has plenty of coal, but dealers had to "order it in Judge Tubbs' name in order to get it." Under date of May 25, 1880, explaining that he writes because of seeing his name mentioned in a report of the case, Judge Tubbs says: "Last winter, when "the great strike in Iowa among the coal miners was going on, I was "running a steam mill in Emerson. The company that furnished me "coal informed me of the trouble, but said that they could furnish me "coal at a higher price, as they must get it elsewhere. I told them as "I must have the coal to send it along, and from the freight bills it "must have come from Illinois, as on all the bills there were back "charges. About this time our dealers could get no coal, as there was "none at the mines. I stopped my mill and turned over all the coal "that came to them [the dealers]; therefore they had plenty of coal, ex'cept for a few days before they told me the situation of things. Now "this is the reason Emerson had plenty of coal. "Again, Mr. L. S. Bulla was the principal coal dealer here. In the "meantime he got out of hard coal. He bought from a firm in Bur“lington, Messrs. Cummings & Co. They ran short on account of some "trouble east and could not furnish him [with coal]. I was doing busi 46 ness in this county for C. W. Spaulding, of Burlington, a hard coal "dealer. Bulla asked me if I could not get him a car of hard coal from "Spaulding, in order that he could hold his trade in coal. I wrote to "Mr. Spaulding to send me without delay a car of hard coal. When “the coal came I turned it over to Mr. Bulla. In regard to this matter "at Hastings, the talk about suffering is all a fraud. The winter was open and warm. Not one day last winter but that a team could haul 2,500 pounds from here to Hastings, a distance of five miles, and I “think there were but three days that they could not have got coal at "Emerson if they had come after it." The above statement seems to effectually dispose of the inference that Emerson was supplied with coal by the company, while Hastings was left to suffer-showing that the coal supply at Emerson was Illinois coal and hard coal from Pennsylvania; and Judge Tubbs' letter is also suggestive of the idea that, if there was any real suffering at Hastings for want of coal, relief could have been obtained by an easy journey to Emerson. N. W. EDWARDS VS. ST. LOUIS, KANSAS CITY & NORTHERN R'Y Co., FILED JANUARY 8, 1880. MOULTON, Iowa, January 3, 1880. HON. JOHN H. GEAR, Governor of Iowa: DEAR SIR-Inclosed you will find a communication from this place to the Centerville Citizen. That portion which speaks of the St. Louis, Kansas City & Northern (now the Wabash, St. Louis & Pacific) R. R., does not half tell the story of the miserable and dangerous condition of that company's road in this State. Please hand the same to one of the Railroad Commissioners. Would have sent it direct but did not know their address. I know that this is not the proper way to get at the matter, but what is "everybody's business is nobody's"; and having to ride considerable on said road, I am interested to a sufficient extent to excuse my action in the matter. N. W. EDWARDS. Respectfully referred to the Hon. Commissioners. JOHN H. GEAR. DES MOINES, January 8, 1880. T. MCKISSOCK, Esq., General Superintendent W., St. L. & Pac. R. R., St. Louis: DEAR SIR-This office is in receipt of the following communication, referred to the Board by Hon. John H. Gear, Governor of Iowa. [Here was inserted a copy of complaint above.] The following are extracts from the newspaper article referred to above. Speaking of an accident to a train of the B. & S. W. R'y, it reads: "No blame can "attach to the train men, as the accident is due entirely to the miser"able condition of the track of the St. L., K. C. & N." "And here let 66 66 66 us say that if there is a track in use in the United States, that is in as bad a condition as that of the St. L., K. C. & N. from Coatsville to Ottumwa, we have not heard of it," etc., etc. "If there is any piece "of road in the State that demands the attention of the Railroad Com"missioners, it is this. We are satisfied that if they should examine "it carefully, they would require that no trains should be run over it 66 "at a greater speed than six miles per hour, until the rotten and worn'out iron is replaced by new. Accidents are frequent on this track, "and if something is not done to remedy the matter, you may look for "a terrible loss of life through a 'smash-up' this winter." The Commissioners instruct me to say that after their inspection during the summer, the worn and rough condition of this track was the subject of considerable discussion. Noting the small amount and unremunerative character of your traffic over this portion of your road, they refrained from calling upon you to make such extensive repairs as the condition of the road seemed to demand. They now instruct me to call for a copy of your time-card, and to ask what immediate improvements you have in view for this portion of your road. J. S. CAMERON, Secretary. DES MOINES, January 28, 1880. T. McKISSOCK, ESQ., General Superintendent St. L., K. C. & N. R'y, St. Louis: DEAR SIR-I am in receipt of your time-card, dated November 9, 1879, for which please accept thanks. By this card the running time of your trains from Coatesville to Ottumwa-43 miles-is two miles per hour. The B. & S. W. hours and forty minutes, or 16 time from Moulton to Bloomfield-144 miles-is fifty-five minutes, or When the letter of Mr. Cameron, 1880, was sent to you, the Board fifteen and one-half miles per hour. Secretary, under date of January 8, expected some reply to the suggestions made, and some intimation of the course you propose to pursue. It is evident that this rate of speed is entirely too fast for a road in the condition of this piece of line, and the Board directs me to call your attention to section 3, chapter 68, of the laws of the Seventeenth General Assembly, a copy of which I herewith inclose. The judgment of the Board, as at present advised, is that a rate of ten miles an hour is as fast as any train should run, even if that rate is safe, upon a track in such condition as yours. You will see that the Commissioners will be remiss in their duty if they allow the present state of things to continue. Please inform the Board at as early a time. as possible whether you propose to begin renewals of your track, and when; also whether you propose to reduce rate of speed, and when. E. G. MORGAN, Secretary. OFFICE OF GENERAL SUPERINTENDENT, J. S. CAMERON Esq., Secretary Board Railroad Commissioners, State of Iowa, Des Moines: DEAR SIR-Yours of the 8th, covering a communication to the Governor, enclosing a newspaper extract in regard to the track of this road, came duly to hand. This company have, in the past three years, expended a very_considerable amount of money on the forty-three miles operated in Iowa. The cross-ties have been constantly replaced, and the bridges and trestles, of which there are an unusually large number, have all been renewed by very substantial structures. The Des Moines River bridge, at Ottumwa, was rebuilt late in the past year. It was the intention of the company to have renewed much of the rails, and have made very marked improvement in the track before this day, but they have been somewhat delayed by various causes. It is proposed at an early day to remove the old rails and substitute better, and in part of the line new ones. As you remark, the business of this line has been very light, and it has not been at all remunerative to the company in the past three years, the expenses of the bridge repairs alone being greater than any net receipts; and it seemed proper to make the first large expenditures on these structures. I am instructed to say that there shall be no delay as to the further improvements. T. McKISSOCK, Gen. Supt. DES MOINES, January 30, 1880. T. MCKISSOCK Esq., General Superintendent W., St. L. & P. R'y Co.: DEAR SIR-Your letter of the 28th inst. received and contents noted. The Board had observed that you were replacing your mechanical structures with new work, and that your road was unusually well supplied with ties. On the 28th, not hearing from you, I was instructed to inquire if you regarded the rate at which you were running over your iron as safe, and to suggest the propriety of a reduction of speed; also, to inquire when you proposed to begin replacing the iron. An early answer will oblige. E. G. MORGAN, Secretary. WABASH, ST. LOUIS & PACIFIC RAILWAY, ST. LOUIS, Feb. 4, 1880. E. G. MORGAN, Esq., Secretary Board Railroad Commissioners, Des Moines: DEAR SIR-I have yours of January 28, followed by yours of the 30th, in which you acknowledge receipt of mine of the 28th. This of mine had been somewhat delayed in the writing by the consolidation of the line, change of organization, etc. I observe your reference to speed, and in reply would say that we will reduce speed, and endeavor to conform to your views as to the safety and condition of track. I presume the Board of Commissioners do not intend that the speed should be made ten miles per hour on all the forty-three miles in Iowa, but only on such portions as call for so reduced a rate. I am instructed to say that at a very near day the company will begin replacing the worn iron with better, and to a great extent with new rails, for which they have already negotiated. The great number of ties-very much greater to the mile than the usual rate-adds largely to the percentage of safety. T. MCKISSOCK, Gen'l Supt. DES MOINES, February 6, 1880. T. McKISSOCK Esq., General Superintendent W., St. L. & P. Railway, St. Louis, Mo.: DEAR SIR-Your favor of the 4th at hand, and contents noted. The only object that the Board have in interfering in the running of your trains is to insure safety, and it is only on those parts of the fortythree miles where the iron is evidently unsafe that they desire speed reduced. The Board feels that it would, with its knowledge of the condition of a portion of your track, be remiss in duty if it did not insist upon such regulations of trains as might be expected to guard against accident. E. G. MORGAN, Secretary. WABASH, ST. LOUIS & PACIFIC RAILWAY, ST. LOUIS, February 15, 1880. E. G. MORGAN ESQ., Secretary Railroad Commissioners: DEAR SIR-Inclosed please find copy of our time table of North Branch, taking effect Sunday, February 15, 1880. T. MCKISSOCK, Gen'l Supt. This time table shows a material reduction in the rate of speed between Ottumwa and Coatesville, the portion of the road called in question. |