On September 28, 1893, Messrs. McCord & Co., of Storm Lake, filed a petition with the Board asking the assignment of a site for a coal shed and a place to transact the coal business on the right of way of the Illinois Central Railroad at that place. The petition recites in detail that the petitioners are citizens of Storm Lake and have for the several months last past handled and sold forty-nine cars of coal and that they are suffering great inconvenience by not having suitable conveniences such as are granted other business men engaged in similar business at Storm Lake. That they have made repeated requests and demands of the said Illinois Central Railroad Company for space and such other privileges as were granted other firms doing business of a like kind and that the said company have at all times refused and do yet continue to refuse to grant them the needed relief. On September 30th a copy of the petition was sent Mr. J. T. Harahan, second vice-president of the defendant railroad, requesting his consideration and such reply as he desired to file with the Commissioners. On November 10th Mr. Harahan replied "that it was not a question of persons who wanted sheds but of quantity of ground to be devoted to coal purposes. For the safety of our station buildings we intend to keep buildings on leased ground at least 100 feet away from them. That space had been allotted in the order in which application had been made until all ground was occupied which could be properly used for other purposes than that demanded for the safe and covenient operating of the road. That parties coming in to engage in branches of business now occupying the ground would be expected to buy out an old dealer." On November 18th Mr. Harahan] filed a blue print of the grounds in question showing the location of buildings, etc., on said grounds and claiming "all available space is already covered by leases," and that "the company cannot be charged with unreasonable discrimination," as claimed in a letter of Messrs. McCord & Co. dated November 14th, a copy of which had been forwarded Mr. Harrahan. Soon after this correspondence, or on December 15, 1892, Mr. George Marshall, also of Storm Lake, filed his petition asking for a site for a coal shed, and in substance set forth that he was a dealer in lumber, lime, stone, stucco, wire, etc.; that he desired to deal in coal; that he had sold fifteen cars off the track; that it was not a convenient way to handle coal, etc.; that he had applied to the Illinois Central Company for space; that they have replied to him that "in their judgment there are already dealers enough here." Mr. Marshall claimed this to be an unjust discrimination against him as a coal dealer, and asked the intervention of the Board for his relief. On December 25 Mr. Harrahan was furnished with a copy of Mr. Marshall's complaint and requested to reply. On January 5, Mr. Harrahan not having replied to Mr. Marshall's complaint, the Commissioners again called his attention to the complaints of both Messrs. Marshall and McCord & Co, and from the blue print furnished suggested some locations specified on said print as a possible solution of the vexed question, to which, on February 5, Mr. Harrahan filed in substance much the same reply as had been made in his former communication, adding that we find this company has done all which it should be required to do for the present in that direction." After quite an amount of correspondence without arriving at any satisfactory results, the Commissioners deemed it advisable to visit Storm Lake and make an official and personal examination of the premises, and in accordance with this conclusion March 28th was set as the day for such examination, and all interested parties were notified thereof. Superintendent Dixon appeared on behalf of the railroad company. Messrs. McCord & Co., by their attorney, S. J. Moyer, and Mr. Geo. Marshall as the complainants, presented their side of the question. After a thorough explanation by the parties of their wants, and as they thought their necessities, and a consultation with Superintendent Dixon, a satisfactory adjustment was made, whereby Mr. Marshall was permitted to erect a substantial coal house on or near the space already occupied by him as a lumber yard, and Messrs. McCord & Co. were assigned a space at the west end of what is known as the mill switch, with the agreement by Mr. Dixon for the company to extend the side track at any time to correspond with the extension of sheds made by Messrs. McCord & Co. In a subsequent communication from McCord he claims his frontage is north and will hence be annoyed very much with snow, etc., to which Superintendent Dixon replies on June 28th: "I was at Storm Lake yesterday and saw Mr. McCord and have got the matter satisfactorily arranged for his coal shed, by agreeing to put up a snow fence north of his location to protect him from the snow. We stand ready at any time to extend the side track when Mr. McCord is ready to extend his sheds." The prayer of the petitioners having been granted, and the difficulties having been satisfactorily adjusted, it may be considered that this case is closed. CITIZENS OF CORNING, Iowa, VS. CHICAGO, BURLINGTON & QUINCY RAIL ROAD COMPANY. Insufficient passenger train service. On July 24, 1893, Mr. W. O. Mitchell and ninety-three other citizens of Corning, asked, by petition, that the Railroad Commissioners order the Chicago, Burlington & Quincy Railroad to furnish better passenger facilities for the public at the town aforesaid. The petition, without the names, is as follows: To the Honorable Railroad Commissioners of the State of Iowa: The undersigned would respectfully represent that fast train known as No. 2, on the Chicago. Burlington & Quincy railroad, passing Corning about 7:30 P. M., going east, makes no stop between Villisca and Creston, and we would respectfully petition and request that you take such action as wiil require said company to stop the said train at Corning, which is the county seat of Adams county. We would further represent that the said train is the only through fast train for Corning passengers for Chicago and points east, and that said Corning passengers are now compelled to take an earlier train to Creston and wait several hours for this train; believing it to be an injustice to the citizens of this county, as well as the traveling public, we respectfully petition that you make such order as will require the said company to stop said train. The same day a copy was forwarded Mr. W. F. Merrill, general manager of the Chicago, Burlington & Quincy, asking him to give the matter attention and make such reply as he deemed proper in the case. A request was also sent Mr. W. O. Mitchell, asking for a detailed statement of the train service furnished the public at Corning, both in trains running east and west. About this time Mr. F. M. Davis, an attorney, directed a letter to the Board, saying: "The citizens have requested me to take care of their interests in the controversy, and I desire to say, we will send you several additional petitions signed by several hundred citizens, asking the stoppage of all passenger trains at Corning." On August 5th Mr W. F. Merrill filed the following reply to the petition sent him July 24th: CHICAGO, August 5, 1893. HON. W. W. AINSWORTH, Secretary Iowa Railroad Commissioners, Des Moines. DEAR SIR: Referring to your communication about stopping No. 2 at Corning. No. 2 is an exceedingly heavy train. We have tried our best to see if we could lighten it up any by throwing traffic on to other trains, but there is a great deal of it that we cannot handle in any other way except by putting on extra mileage, which would be added expense to us of the cost of running a new train without any additional revenue, as we are obliged to run other trains to accommodate through and local business. If we stop No. 2 at Corning it will make it just so much harder to handle the train, for it is well known to you that the only way we can make reasonably good time with heavy trains is by cutting out stops. The grades on our lines in Iowa are so heavy that if we do not cut out the stops, we have to allow trains to run down hill faster than prudence would dictate to be advisable. We aim at all times to give as good service as circumstances will allow to both local and through business. The conditions have been such that we have not seen our way clear to stop No. 2 at Corning, but a change in conditions has brought about an alteration in the time of another of our trains whereby we think we can serve Corning's interests. No. 6, which now leaves Omaha at 12:15 A. M., on the new card going into effect either on the 13th or 20th of August, will leave Omaha at 8:30 P. M. and will have a sleeper, arriving at Chicago shortly after noon the next day. This train we expect to stop at Corning on the new card. I will say, however, that after the World's Fair business is over we will be compelled to take off some trains on account of decrease in business, and I cannot say whether we will then keep No. 6 on; nor can I see my way clear to make any promises that we will then stop No. 2 at Corning, and when you come to consider the extent and intricacy of our business, I think you will be satisfied with whatever we adopt. Yours truly, W. F. MERRILL, August 5th Mr. Mitchell replied to the inquiry sent him, summing up by saying. "Our people feel that they ought to have at least two fast trains each way stop here. With the locals and Nos. 2 and 5 they would be well satisfied." Early in September the Commissioners were informed by private parties that Nos. 2 and 5 were regularly stopping at Corning, and October 5 the attention of Attorney Davis was called to the suggestion made by him that the petition of several hundred citizens would soon be forwarded," etc., and also requesting him "if no further action is contemplated on your part kindly so inform the Commissioners in order that the case may be closed upon their records." |