178 IOWA DEPARTMENT OF AGRICULTURE 



roads had would tell us that the bill was unconstitutional. I admit 

 that the shipper of Nebraska has a decided advantage, because 

 his market is in the same state ; and I believe that a law could be 

 made that would be constitutional with reference to state commerce, 

 and I don't know but it could with reference to interstate; but 

 the plea they made was that no law could be enacted that would 

 be constitutional with reference to shipments from here to Chi- 

 cago. I can't see why the Interstate Commerce Commission can't 

 to some extent regulate the speed of trains carrying livestock, and 

 I believe if that was brought to Mr. Thome's attention, if it has 

 not already been, it might be possible to get some relief; but I 

 am not sure that any law passed by this state would cut much 

 figure with reference to Chicago shipments of livestock. 



President Sykes : I will say for the information of the conven- 

 tion that I have recently taken up this question with, I presume, 

 as able an attorney as there is in the state of Iowa, and a man who 

 is in sympathy with the people, and not with the railroads. He 

 says he is positive that legislation enacted in the state of Iowa 

 covering interstate business would not be binding on the railroads, 

 and that they would give it no attention whatever on shipments 

 destined to Chicago; that any relief on interstate shipments, must 

 be had through the federal government. Within the state it would 

 be all right, but shipments to Chicago are interstate traffic, and 

 are governed by the interstate commerce laws. 



Mr. Doran: I think there are some members of the thirtieth 

 general assembly in the house, and if so, they will recall that that 

 general assembly passed a law that any road or common carrier 

 receiving freight in this state to go to a destination in this state 

 or any other would cause every railroad company interested in 

 the transit, from forwarding point to destination, to be liable for 

 damages, provided those roads had an agency in this state. "We 

 could bring a suit right here in Polk county for damages for a 

 shipment to North Carolina, if all the companies had an agency 

 in this state. I was very familiar with the enactment of that law, 

 and Judge Wright before he went on the bench had several cases 

 under it, and its constitutionality was never questioned. The speed 

 limit law in the thirty-second general assembly was worded in a 

 way to come within the limits of the constitution. Two as good 

 lawyers as there ever were in the state of Iowa said that it would 

 hold good. I think there is no question, if you take that same 

 bill that was up before the thirty-second general assembly, that you 



