necessary for the safe and expeditious handling of passenger and freight traffic. We concur in the agreements reached by the railway companies and employees and shall insist that these agreements be strictly observed by the carriers. As to proposition 3 and 4 of the original complaint, they are dismissed without prejudice, subject to the right of the complainants, when conditions may have changed, to renew the complaint before this Board.

No. 8102-1917.

C. E. BRENTON, DALLAS CENTER, IOWA, Complainant,

V.

CHICAGO & NORTH WESTERN RAILWAY COMPANY, Defendant,

Decided January 22, 1917.

ABANDONMENT OF SIDING REASONABLE STATION SERVICE.

Protest was made against the abandonment of what was known as Rubens Siding-Held, the facts do not warrant an order requiring the maintenance of the siding for the use of the people in the immediate vicinity, reasonable service being furnished by other close by stations. For the complainant: J. H. Henderson, Commerce Counsel; C. E. Brenton, Dallas Center; Shannon B. Charlton, Rolfe; Fred Hoffert, Rolfe; M. T. Blessing, Rolfe.

For the defendant:

Superintendent.

J. C. Davis, Atty., Des Moines; J. P. Cantillon,

This is an old case, heard in November, 1912, long before any member of the Commission, as at present constituted, became a member of this Board. We understand it has been delayed by reason of agreements for continuances, and agreements looking toward an adjustment of the matter, and the long delay is not to be attributed to neglect on the part of the Commission which heard it.

A number of persons residing in the neighborhood of Rubens Siding, on the Chicago & North Western Railway, in Pocahontas County, joined in a protest against the abandonment of siding. The railroad company answered that it maintained a station at Rolfe, two and four-tenths miles east of this siding, at which station the protestants can be conveniently and adequately served. That the limited use of said siding by the people around it did not justify its further maintenance.

From the record in this case we learn this part of the Chicago & North Western railroad was built about the year 1882, when a station was located and maintained at the point known in this case as Rubens Siding. Ábout 1886, what is now known as the Minneapolis & St. Louis Railroad built its line crossing the Chicago & North Western Railway at a point about two and four-tenths miles east of Rubens Siding, after which the station building was moved to the said crossing of the Minneapolis & St. Louis, which station is now called Rolfe, at this time a town of about one thousand population. Since the removal of the station building from the point now known as Rubens Siding there has been neither station building, nor agent, nor elevator at said siding. A switch and stock yards were maintained at Rubens Siding until about

June, 1912, when the switch was removed. There are no dwelling houses at this point, and it is in a purely agricultural community.

The protestants only asked that the switch and stock yards be maintained. They want the switch because a large amount of grain and live stock can be loaded and unloaded at that point, and thereby save hauling and driving a distance of two and four-tenths miles, and return. They also claim that the switch was located and used at the time some of the parties bought their lands in that neighborhood, and that they bought their lands, in part, because of the convenience of loading facilities afforded by reason of the switch. The representative of the Charlton estate claimed to have, and offered to load at this switch fifty thousand bushels of grain that year, and stated that the switch would be a great convenience for loading grain every year.

The record shows that the switch in question was removed in 1912, and also shows the cars loaded and unloaded at this switch for the five years previous to August, 1912, as follows:

The coal and tile shipments of the last year, in the above statement, are explained as having been used by a contractor who was building a large drainage ditch near this siding.

The general manager of this railroad made an order for the investigation of all isolated and non-revenue producing sidings, and for advice whether or not, from an operating standpoint, it was advisable to retain them. It was under this order and investigation that Rubens Siding was removed.

At every switch connected with the main line it is necessary to keep a light every night. Switch lights some times go out. When this occurs, it is necessary for approaching trains to stop. There are other elements of danger in every switch, and there is also the expense of maintenance. The principal complainant in this matter was the Charlton estate, whose lands lie both north and south of the railroad, Rubens Siding being about sixty rods from the east line of such lands. These lands are between Rolfe and Havelock, stations on the Chicago & North Western Railway, Havelock being a fraction more than eight miles west of Rolfe. From Rolfe station to the east line of the lands of said estate, is about three miles. To the approximate center of these lands is about four miles, and to the most distant part of the land is about six and one-half miles. From Havelock to the approximate center of these lands is about six miles. From Plover, a station on the Minneapolis & St. Louis Raik road, it is five miles to the main tract of this land, and from Pocahontas, a station on the Chicago, Rock Island & Pacific Railway, to the nearest point of this land, is about six and one-half miles.

All the foregoing facts are fully established by the record. Under these facts, should the railroad be required to maintain the switch for the use of the people in its immediate vicinity?

The stations Rolfe and Havelock are less than nine miles apart. This is not an unusual distance. As originally located, these stations were but about seven miles apart. After that, the Minneapolis & St. Louis crossed this line, and it seemed to the Chicago & North Western Railroad entirely necessary that its station be moved to the crossing in order to furnish to the public reasonably adequate service. The judgment of the company has been justified by the growth of Rolfe. It is reasonably certain that the Railroad Commission would have ordered the maintenance of a station by this road at the crossing if it had not done so voluntarily.

The distance necessary to be traveled by the protestants to reach railroad stations at which they can load and unload is not unreasonable. The public is entitled to reasonably adequate service. If certain individuals are receiving such service, their protests cannot be sustained. Even though this switch was maintained for years, and has been a great convenience to these protestants, yet it may be that to require the railroad to continue to maintain the same would be objectionable as against public necessity, and a hindrance to what may be necessary for the railroad. Our Supreme Court, where the application was for the restoration of a station, said:

"It appears to us that the owners of the road should not be interfered with in the management of their property, including the location of their stations, where, as this case, there is no competent evidence that any patron of the road has been deprived of reasonable facilities for transacting business with the defendant." State v. D. M. & K. C. Ry. Co., 87 Iowa, Page 644.

The service demanded by the protestants in this case is largely a special service, or privilege. It would not be reasonable to require the railroad to render such service to all persons similarly situated.

Upon the merits of this case we believe it should be, and the same is hereby, dismissed.

No. 8103-1917.

Des Moines (Western Railway Company, v. Chicago Great Western Railroad Company, condemnation in Polk County.

On December 21, 1916, the Board held hearing in the above case and on January 9, 1917 issued certificate of authority to condemn the following described real estate:

The right to construct, maintain and operate a crossing of the right of way and tracks of the Chicago Great Western Railroad Company in Southeast Sixteenth Street, in Des Moines, Iowa, and in lots twenty-seven and twentyeight of Brooks & Company's Addition to the city of Des Moines, Iowa; and to use for the purpose of said crossing so much of the right of way of the Chicago Great Western Railroad Company over said lots twenty-seven and twentyeight as lies within the distance of ten feet on either side of the center line of the Des Moines Western Railway Company's track as now marked by location survey across said lots twenty-seven and twenty-eight.

This certificate was filed with the Clerk of the District Court of Polk County as provided by law.

No. 8104-1917.

Dubuque and Sioux City Railroad Company, v. Aloys Polffer, condemnation in Dubuque County.

On February 9, 1917, the Board held hearing in the above case and issued certificate of authority to condemn the following described real estate:

All that part of Lots 66, 67, 68, 69, 70, 71, 72, 73, 74 and 75 in Center Grove, Dubuque County, Iowa, which is included between the present northerly right of way line of the Dubuque & Sioux City Railroad Company, and a line fifty feet northerly from and parallel to said northerly right of way line.

This certificate was filed with the Clerk of the District Court of Dubuque County as provided by law.

No. 8105-1917.

Des Moines Terminal Company, v. Success Investment Company, condemnation in Polk County.

On January 9, 1917, the Board held hearing in the above case and on February 16, 1917 issued certificate of authority to condemn the following described real estate in Polk County:

All that part of lot one of the official plat of the northeast quarter of section eight, township seventy-eight north, range twenty-four west of the fifth P. M., Polk County, Iowa, described as follows: Commencing at a point where the north line of the right of way conveyed to the St. Louis, Des Moines & Northern Railway Company is intersected by a line parallel with and thirtythree feet easterly (measured at right angles) from the center line of the Eighteenth Street or Bloomfield road viaduct; thence easterly along the northerly line of said railroad right of way a distance of three hundred eightysix and one-tenth feet; thence northwesterly parallel with and ten feet distant northerly (measured at right angles) from the center line of the Des Moines Terminal Company's north track as now marked by location survey over and across said lot one to the southerly line of Locust Street; thence southwesterly along the southerly line of Locust Street on a thirty-seven degree, thirty-two minute curve, forty-seven and sixty-five hundredths feet (measured along actual arc of curve) to the end of said thirty-seven degrees, thirty-two minute curve; thence southerly along the west line of said lot one to the north line of the right of way conveyed to the St. Louis, Des Moines & Northern Railway Company; thence westerly along the north line of said railroad right of way to the point of commencement.

Said certificate was filed with the Clerk of the District Court of Polk County as provided by law.

No. 8106-1917.

Dubuque & Sioux City Railroad Company, v. C. B. Nash Co., et al, Council Bluffs, Iowa, Condemnation in Pottawattamie County.

On July 10, 1917 the Board held hearing in the above case and on July 11, 1917 issued certificate of authority to condemn the following described real estate in Pottawattamie County:

A strip of land fifty feet wide, being twenty-five feet in width on each side of the center line of the wye track of the Dubuque & Sioux City Railroad Company, as said center line has been located over and across part of the Northwest Quarter of the Northeast Quarter of Section Twenty-six and part of the Southwest Quarter of the Southeast Quarter of Section Twenty-three

both in Township Seventy-five North, Range Forty-four West in Pottawattamie County, Iowa, said located center line of said wye track intersecting the east line of said Northwest Quarter of the Northeast Quarter of Section Twentysix at a point eighty-eight feet south of the north line of said section Twentysix and running thence northwesterly in a straight line two hundred twentyseven feet; thence continuing northwesterly along a curve to the left having a radius of 416.4 a distance of one hundred twenty-six feet to a point in the east line of North Fifteenth Street in the City of Council Bluffs, Iowa, two hundred five feet north of the south line of said Section Twenty-three, said strip of land containing .4 of an acre more or less; also, a tract of land located in the Southwest Quarter of the Southeast Quarter of said section twenty-three, bounded and described as follows: Beginning at the point of intersection of the west line of said North Fifteenth Street, with the north line of the alley which runs along the north side of Lots one to nine, in Belmont Addition; thence west along said north line of the alley to the east line of North Sixteenth Street; thence north along said east line six feet to the southerly line of the right of way of the said Dubuque & Sioux City Railroad Company; thence easterly along said southerly line to the west line of Fifteenth Street; thence south along said west line 84 feet to the point of beginning, containing .41 of an acre, more or less.

That said real estate belonging to said William J. Wagner is described as follows: A triangular tract of land, being part of Lots One and Two in Belmont Addition to the City of Council Bluffs, Pottawattamie County, Iowa, bounded and described as follows: Beginning at the northeast corner of said Lot One; thence west eighty feet to the northwest corner of said Lot Two; thence southeasterly to a point in the east line of said Lot One, forty-one feet south of the northeast corner of said Lot One; thence north forty-one feet to the point of beginning.

Said certificate was filed with the Clerk of the District Court of Pottawattamie County, as provided by law.

No. 8107-1917.

Dubuque & Sioux City Railroad Company, v. Michael Morrisey, Ryan, Iowa, condemnation in Delaware County.

On July 3, 1917, the Board held hearing in the above case and on July 10, 1917 issued certificate of authority to condemn the following described real estate in Delaware County:

A tract of land one hundred feet wide located in the southeast quarter of Section Thirteen, Township Eighty-seven North, Range Six West, lying on the easterly side of and adjoining the present right of way of the Dubuque & Sioux City Railroad Company, said tract of land being bounded and more particularly described as follows: Beginning at the point of intersection of the north line of said Southeast Quarter with a line fifty feet easterly from and parallel to the center line of the main track of said railroad and running thence southerly parallel to said center line of track 738.1; thence easterly at a right angle one hundred feet; thence northerly parallel to said center line of track eight hundred feet to the north line of said southeast quarter; thence west along said north line 117.6 feet more or less to the point of beginning, containing one and seventy-six hundredths acres more or less.

Said certificate was filed with the Clerk of the District Court of Delaware County as provided by law.