Monopolies -- United States; Railroads and state -- United States
The adjourned session of 1873 was for the special purpose of considering
and enacting the new code, which the three commissioners had now spent
nearly three years upon. Our time was limited by joint resolution to
thirty days; and yet, during a considerable portion of our limited time,
the railroad question occupied our attention. While we were in session,
an extraordinary convention, or gathering of farmers, known as the
"State Grange of the Patrons of Husbandry," met in Des Moines. This body
was composed of the officers called Masters and Past Masters of the
subordinate granges, or lodges, of a new secret society of
agriculturists scattered throughout the state. This State Grange, or
convention of delegates, numbered over twelve hundred members,
representing, it was said, some seventy thousand farmers of Iowa. The
meeting of this "Grange" lasted a week, and passed strong resolutions
urging the legislature to enact a passenger and freight tariff law, and
also presented an official petition to that effect.
The members of the senate in favor of such a law prepared twelve
sections (mainly from the old O'Donnel bill) to be inserted in chapter 5
of title 10, of the proposed code, and I was chosen to offer them in the
senate, at the proper time. This I did, and the first section was
adopted almost before the railroad men could rally their forces. This
section limits the fare for passengers to three and one-half (3½) cents
per mile. But the other sections, which fixed a maximum rate for the
transportation of all kinds of grain, produce, lumber, manufactures, and
commodities, were lost by a tie vote, the president of the senate,
Lieutenant Governor Bulis, refusing to vote, which was equivalent to
voting against the sections. These sections were afterwards fixed to the
chapter by the House, with an additional section, known as the "Keables
Amendment," but were again lost in the senate for want of two votes.
The commissioners had omitted from the proposed new code all the
so-called "Doud Amendments," and reservations of control by the state
over railway corporations, on the ground that they were local or special
provisions not to be included in a code of general laws. But some of us
thought that those reservations of control, and special contracts, were
of too important a character to the people of Iowa to be entirely
ignored, and so I prepared an amendment to chapter 5, of title 10, in
the following words:--
"SEC. 6. All contracts, stipulations, and conditions, regarding the
right of controlling and regulating the charges for freight and
passengers upon railroads, heretofore made, in granting lands or other
property, or franchises to railroad corporations, are expressly
reserved, continued, and perpetuated, in full force and effect, to be
exercised by the general assembly whenever the public good and the
public necessity requires such exercise thereof." This was adopted.
Public-domain text, read in full here on John Shaqi.
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