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to bim, proceedings were instituted to determine the liability of respondent in the matter. Pending the action of the Commissioners they were advised that damages to the amount of $90 had been paid to Mr. Lewis, which was received in satisfaction of his claim, and the complaint was accordingly dismissed.

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Complainant stated to the Commissioners that he was charged four cents. per mile for a ticket on the Iowa & Dakota Division of the Chicago, Milwaukee & St. Paul Railway, which he thought unlawful and exorbitant. Replying to a communication from the Board the officers of the company stated that they had never received notice of any change in the classification of their road from class C to B, and consequently had adhered to the lawful tariff for class C roads. The Commissioners advised complainant that the company had now received such notice and would be expected to change their rates at once to 37 cents in compliance with the law. The Board was duly apprised that this change had been made.

A. H. MCNALL, MAXWELL, IOWA,

VS.

Lost Goods.

CHICAGO, MILWAUKEE & ST. PAUL RAILWAY Co.,
WISCONSIN, IOWA & NEBRASKA RAILWAY CO.

Filed March 16, 1885.

On March 16, 1885, Mr. McNall sent the Commissioners a claim against the Chicago, Milwaukee & St. Paul Railway Company for the loss of a box of cigars and a quantity of apples, the whole valued at $2.25, and stated that the goods were lost while in transit from Marshalltown to Maxwell, via the Wisconsin, Iowa & Nebraska and C., M. & St. P. K’ys. On investigation the loss was located on the W., I. & N. R’y, and the amount of the claim promptly paid by that company.

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To your honorable body do I appeal for justice in the time of need. I own two hundred and forty acres of land north of Breda, in Carroll county. The Maple River Railroad runs through my pasture, and they have no fence on that part of the road. It is dangerous to life and property. For the last three years I have had to keep my boys from school, which is doing them injustice. They agreed to fence at the time they got the right-of-way over seven years ago, and they have not done it yet. I do ask of your honorable body that you will intercede for me, and see that justice is done to me and my neighbors living in this vicinity; as soon as your honorable body can have it seen to will be the best for the farmers. Yours truly,

THOMAS BURNS.

DES MOINES, Iowa, March 19, 1885. THOMAS BURNS, Esq., Breda, Iowa:

DEAR SIR-Your letter of the 17th inst. in relation to fencing your farm along the line of the Maple River Railway by the company has been received, and the matter referred to the officers of the Chicago & Northwestern Railway Company. As soon as an answer is received from them you will be notified. Please advise us whether the agreement to fence the right of way was in writing, and if it was put into the deed you gave the company. By order of the Board.

E.G. MORGAN, Secretary.

DES MOINES, IOWA, March 19, 1885. MARVIN HUGHITT, Esq., Vice President C. & N. W. R’y Co., Chicago, Ill.:

DEAR SIR-I enclose you complaint of Thomas Burns, of Breda, Iowa, wherein he claims that when the right of way was obtained seven years ago, the company agreed to fence the road, and as yet has not done so. Please investigate, and report if the facts are as stated. The Commissioners may with propriety intimate, considering the present low rate of fencing material, that it seems to them it would be good policy, even if the contract mentioned is not one of the conditions of the deed, to give this party the protection he needs. It appears to the Commissioners from the statement made to be a case of manifest hardship to the complainant. By order of the Board.

.E. G. MORGAN, Secretary.

BREDA, IOWA, March 23, 1885.

To the Railroad Commissioners:

DEAR SIRS—Thanking you for the speedy action you have taken in my case; in regard to the railroad company fencing their llue, we have no writing to refer to; it was only promised, and they have not kept it. Over one year ago myself and two of my neighbors fenced along our line. It is entirely useless to us until they fence their part of the line. They have the posts at Maple River Junction, and promised last summer that they would fence for sure.

Yours truly,

THOMAS BURNS.

CHICAGO, March 24, 1885.

E. G. MORGAN, Esq., Secretary Railroad Commissioners, Des Moincs :

DEAR SIR-In reply to yours of the 19th to Mr. Hughitt I would say that the superintendent of the Iowa Division of this company's lines who has charge of the Maple River Branch bas been instructed to fence the right of way referred to by you, and the fencing will be done as soon as the frost permits. I presume this will be satisfactory to Thomas Burns. Yours truly,

W. H. STENNETT.

DES MOINES, IOWA, March 25, 1885.

THOMAS BURNS, Esq., Breda, Iowa:

DEAR SIR-We are in receipt of a letter from the general manager of the Chicago & Northwestern Railway, who says that orders have been given to the superintendent of the Maple River division to build the fence asked for in your letter of March 17, as soon as the frost will permit. When the work has been done to your satisfaction please notify this oflice, that the case may be closed on our books. By order of the Board.

E. G. MORGAN, Secretary.

BREDA, IOWA, April 30. 1885.

To the Railroad Commissioners:

Your letter of March 25th was duly received, and I thank you for the favor done me by you. But again do we farmers have to appeal to you, as the Northwestern Railroad has done nothing towards putting in their fence; and as the herding time is now at hand, and we have to keep our children out of school, it is important for us to see that they fence their line, if you will help us compel them to do so. They were all summer and fall putting in four miles of fence last year. Now, if they are going to do the same thing this year, they can do as they please, and unless your honorable body will compel them to go to work right away we will be some time without our rights. If it be possible, please compel them to do this inside of ten days.

THOMAS E. BURNS.

DES MOINES, IOWA, May 1, 1895. THOMAS BURNS, ESQ., Breda, Iowa:

DEAR SIR-Your letter of the 30th ult. at hand and contents noted. We have written Supt. Burt of the Chicago & Northwestern Railway, calling his attention to the instructions of Vice President IIughitt, and asked him how soop the fence will be built. As soon as he is heard from wo will write you. By order of the Board.

E. G. MORGAN, Secretary.

DES MOINES, IOWA, May 1, 1885.

H. G. BURT, ESQ., Superintendent C. & N. W. R’y, Boone, Iowa:

DEAR SIR-Under date of March 24, 1885, Mr. W. H. Stennett, assistant to the general manager wrote us in reply to a complaint of Thomas Burns,

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of Breda, Iowa, that instructions had been sent you to fence the right of way of the Maple River Branch, and that the fencing would be done as soon as the frost would permit. We are to-day in receipt of a letter from Mr. Burns in which he says: “Nothing has been done toward putting in the fence, and as herding time is now at hand, and we have to keep our children out of school, it is important for us to see that the road is fenced."

What arrangements have you made in regard to fencing your line of road through Mr. Burns' farm, and when will it be done? By order of the Board.

E. G. MORGAN, Secretary.

BOONE, IOWA, May 4, 1885.

E. G. MORGAN, ESQ., Secretary Railroad Commissioners, Des Moines, Iowa:

DEAR SIR-Replying to yours relative to the matter of building a fence for Mr. Burns nearBreda, Iowa, I would advise you that arrangements are being perfected now to fence this portion of our line, and in all probability the work will be done for Mr. Burns some time this. month.

Very truly,

H. G. BURT, Supt.

BREDA, IOWA, May 28, 1885.

Mr. Commissioners:

DEAR SIRS—It is to your honorable body I do here state those facts as honest ones : I am a boy of thirteen years in the fall. The 28th day of April I was taken out of school and my brother of ten years to herd cattle to the number of twenty-nine. We have to herd the six days of the week and also on the Sabbath day, and all through those rain storms we have to: be out under them. Our pasture is along the line of the railroad, and my pa has had his line fenced for two years, and there is no honor to those men as far we can see. They have let the contract, but did not sign it as we have been told. If your honorable body wont make. them do it, they will do as they have done heretofore.

In your letter of May 6th to my pa they were to fence our line in this month of May. Your honorable body can see what their word is worth. It is through you, Mr. Commissioners, that we will get it done, if done, and we boys shall not forget your kind efforts in bringing those railroad men to do their duty to us.

M. T. BURNS,

DES MOINES, IOWA, June 10, 1385. H. G. BURT, ESQ, Supt. C. & N. W. R’y, Boone, Iowa:

DEAR SIR-I am instructed by the Commissioners to forward you the enclosed letter, and ask if you, by neglecting to build the fence, are not depriving this boy of his birth-right, viz.: the opportunity of acquiring an education? By order of the Board.

E. G. MORGAN, Secretary.

BOONE, IOWA, June 15, 1885.

E. G. MORGAN, ESQ., Secretary Railroad Commissioners, Des Moines, Iowa:

DEAR SIR-I am in receipt of your esteemed favor, enclosing copy of a letter from the son of Thomas Burns, on our Maple River Branch, relative to the matter of fencing his pasture where it adjoins our track. I have to advise you that contracts for fencing have been let, and the contractors are at work. This is not an isolated case. .

The fact is there are fifty people on the Maple River road who are just as anxious to have their land adjoining our

track fenced, but we cannot get around to it this year, neither can we show any partiality in
the matter, but must take up the fencing at certain points and carry it along systematically.
It will not be long before we have the land belonging to Mr. Burns properly fenced.
Yours truly,

H. G. BURT.

DES MOINES, IOWA, September 16, 1585.

THOMAS BURNS, Esq., Breda, Iowa:

DEAR SIR-Has the Chicago & Northwestern Railway ('o. built tbe fence you asked for last March? Please let us know, that the case may be closed on our records. By order of the Board.

E. G. MORGAN Secretary.

BREDA, IOWA, September 20, 1X85. To the Railrad Commissioners:

GENTLEMEN-Yours of the 16th came to hand, also the one dated the 4t. In regard to the fence Mr. Burt agreed to put down as soon as the frost would leave the ground, we must say it isn't finished yet, as they have left their crossing open, and liave given us only it twelve foot crossing. I wrote to Mr. Burt before the fence was put down for a sixteen foot crossing, as it requires that to get through with a binder, and he has not replied.

Some of the farmers have chopped down their fences to get through with their linders, but I did not resort to that, as I expect to get justice done me through you. I have had to keep my boys out of school, and under rain and cold expose thiem, to herd my cattle, when Mr. Burt could do as he agreed to in the month of May as well as when he did do it, and then leave it unfinished. And gentlemen, since the fence was put down, it is to be seen that outside the fence on my land where they have dug up the dirt and carried it to make the railroad. No, gentlemen, if you will assist me, and make them come to time and pay for the damage done me, if not as soon as I have means I will see whether there is law to make them. But I would rather not go to law, if you will bring them to do what is right will me. Please let me hear from you again.

THOMAS BURNS,

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DES MOINES, Iowa, September 23, 185,

H. G. Burt, Esq., Supt. C. & N. W. R’y, Boone, Iowa:

DEAR SIR-Your attention is called to a copy of Mr. Burns' letter, dited September 20, herewith enclosed. You will see that lie thinks you should make the plank crossing sixteen instead of twelve feet wide, and in this we agree with him. The latter width, twelve feet, is not suflicient we think for a crossing, among other reasons for the one given in Mr. Burns' letter, namely, that common farm machinery cannot be taken through a twelve foot opening. Please advise us what has been done in the matter. By order of the Board.

E. (1. MORGAN, Secretary.

BOONE, IOWA, September 24, 1885.

E. G. MORGAN, E82., Scorelary Railroad Comunixsincrx, Des Moines, Iowa:

DEAR SIR-I have yours of the 23d inst., enclosing copy of a letter from Thomas Burns. I have to say in reply that 12 feet is the usual width of gates for farm crossings, but y some complaint was made in regard to the matter, I ḥave ordered 14 foot gates, which has delayed the finishing up of the work to some extent. I do not see any need of putting in any longer

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