Railroad Commission of Indiana.

Annual report of the Railroad Commission of Indiana online

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LITTAUER LIBRARY
HARVARD UNIVERSITY




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STATE OF INDIANA



FOURTH ANNUAL REPORT



OF THB



RAILROAD COMMISSION
OF INDIANA



1909



To the Governor



INDIANAPOLIS :
WM. B. BtntFOBD, COMTB^CTOB FOB STATB PBINTINO AND BINCINO

1910



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A




— -i

THE STATE OF INDIANA,

EXBCUTTVE D£PABTMEIVT,

January 28, 1910.

Received by the Governor, examined and referred to the Auditor of
State for verification of the financial Btatement.

'^^ /\ 1 V ^' ^"^ ' tlEriCBL^^ AcOTTOir W STATE,

Indianapolis, February 16, 1910.

The within report, so far as the same relates to moneys drawn from
the State Treasury, has been examined and found correct.

J. C. BILLHEIMER,



February 16, 1910.

Returned by the Auditor of State, with above certificate, and trans-
mitted to Secretary of State for publication, upon the order of the Board
of Commissioners of Public Printing and Binding.

MARK THISTLBTHWAITE,

Secretary to the (Governor,



Filed in the office of the Secretary of State of the State of Indiana,
February 17, 1910.

FRED A. SIMS,

Secretary of State,



Received the within r^ort and delivered to the printer February
17, 1910.

A. B. BUTLER,

Clerk Printing Board.




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STATE OF INDIANA.



RAILROAD COMMISSIONERS.

WiLUAif J. Wood, Evansville Tctid expires 1913

*Henbt M. Dowuno, Indianapolis Term expires 1911

JoEm F. McClure, Anderson Term expires 1912

Frakk E. Payne, Jeffersonville Term expires 1911

Joseph L. Reilet, Secretary.

M. T. Bbady, Clerk,

J. B. McNeely, Assistant Clerk.

H, O. QABMAI7, Purdue University, Consulting Engineer.

Alexakdeb Shane, Chief Inspector.

David E. Matthews, Inspector.

Robert T. Pboctob, Inspector.

Florence A. Meloon, Stenographer.

Myrtle M. Drury, Stenographer.

K. Wolverton, Stenographer.

Office Room, 84 State House.
Public Hearing Room, 85 State House.

Chairman's Room, 83 State House.
Commissioners' Room, 50 State House.



*Reaigned Jaouaiy 1, 1010.



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FINANCIAL STATEMENT COVERING THE FISCAL YEAR
ENDING SEPTEMBER 30, 1909.



Received from appropriations $28,274 75

Disbursed on orJers of Commission —

For postage $461 16

Teleplione i ntal and long distance service 200 71

Telegraph service 75 18

For office supplies and miscellaneous 81 34

Express, transfer and messenger service 60 56

Office and otlier extra help 3,661 58

Fees paid officers and legal notices, publication. . 21 05

Fees paid witnesses 18 00

Fees paid en:^ineer Inspecting Interlocking plants 380 12
Fees paid consulting engineers, special service

(committee) 301 90

Expenses convention on accident classification... 180 00

Periodicals and publications for library 49 00

Traveling exp^jnses of commission, secretary, clerk

and insjiectors I,3i0 94

Printing 201 26

$6,802 80

Salaries thro 3 commissioners, one year, at $4,000

each $12,000 00

Salary paid secretary, one year 2,500 00

Salary paid clerk, 5 10-31 months, at $150 per

month 799 31

Salary paid chief inspector, one year 2,100 00

Salaries paid two Inspectors, one year each 3,000 00

$20,399 31

For legal services and expenses, special appropriation* 1,072 64

Total $28,274 75

Collections account of —

Interlocking fees $817 65

Transcripts of evidence, copies, etc 268 50

Return of court costs deposited 16 25

Pajrment of cost of litigation, etc 282 40

Payment of publication fees 5 75

1,390 55

Net expenditures in excess of collections $26,884 20

•Amount si^e ial appropriation, $3,000.00.

Ohab. B. Riley. Secretary.
Indianapolis, Ind., September 30, 1900.

(4)



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FOURTH ANNUAL REPORT



Railroad CommiSwSion of Indiana.



Indianapolis^ Indlana^

January 1, 1910.

To the Hon, Thomas R. Marshall, Oovernor of Indiana:

We respectfully submit the Fourth Annual Report of the Rail-
road Commission of Indiana.

The Commission, during the past year, has endeavored to faith-
fully and energetically perform its duties. Its continuous work
has been shown and published in former reports. As its functions
become better known, the Commission is brought more and more
in communication with all localities in the state. Formally or in-
formally, the latter where practicable, we have considered com-
plaints and appeals as to rates, practices, discriminations, rebates,
penalties, car service, train service and connections and accom-
modations, agents, and depots, new and old, and lighting, heating
and sanitary conditions. We have supervised the physical road,
and through our inspectors and otherwise have obtained informa-
tion as to the manner in which they are ox>erated with reference
to the security of employes and the public. Reports of all railroad
accidents have been made to us, and these have been carefully ex-
amined and investigated, and such recommendations made to the
railroad companies as will tend to prevent like accidents. Inter-
locking plants, their installation and operation come under our
jurisdiction, and are carefully attended to. We have continued to
insist on elevation, care and safety of bridges, and the elevation of
telephone and other wires to lawful clearance, and on the removal
of lateral obstructions, and on the cleaning up and leveling the
tracks, and the boxing of dangerous wires and pipes. We have
inspected bridges and cars and engines, and ties and tracks and

(6)



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rails, and crossings, and defects that might cause accidents. Noth-
ing is insignificant in our opinion that may occasion disaster. Our
eflficient inspectors have scrutinized and reported all physical de-
fects they could findj and also such violations of rules on the part
of oflScers and men as came to their attention. The details of this
work are set out in following pages of this report.

The department of tariffs has been recently strengthened.
Schedules for all intrastate movement are filed, and supervised, and
inquiries promptly responded to, and information given out. The
report of that department is included in this volume.

The last General Assembly devolved new and important duties
on the commission as to medical emergency cases on trains, as to
ash pans and automatic bells on locomotives, as to switch engine
equipment, as to full crews on trains, as to locomotive headlights.
We have issued circulars and held conferences, and enforced the
acts as they prescribed. The full crew act has been carried on writ
of error to the supreme court of the United States, where we are
represented by special counsel, the companies, meanwhile, comply-
ing with the act. The other laws above referred to have been put
into effect, generally with the co-operation of the carriers except
the headlight act. As to this the Commission made an investiga-
tion, commencing in May and extending to January, and after
obtaining all the information, expert, scientific and practical that
was available, embraced in a record of more than 500 pages, made
a final order requiring the use of headlights of 1,500 candle-power
in t&is state.

As to block system, the Commission has been considering this
subject ever since the enactment of 1907. It has had the best ex-
pert advice, and came to the conclusion that generally where rail-
roads had sufficient train movement to come within the terms of the
act requiring a block system, something better than the manual
telegraph block system should be installed. The Commission made
its views known in a general circular or order, which also called a
conference on this subject. At the conference the companies sug-
gested that the Commission was without authority by the terms of
the law to approve or disapprove block systems, and on reference to
the attorney-general, their objection was sustained by him. Our
activities in this important matter are, therefore, greatly lessened.
We sincerely trust that the carriers will install approved block
systems in keeping with the great necessity and the progressive de-
velopment of safe railroad operation.



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Our second annual railroad convention met duly on the lOth
day of November, a full and able delegation being present. The
credit of this plan of regulation, or rather co-operation for pre-
venting accidents, is justly credited to the State of Indiana. It is
yet constructive, but it now appears that with some further legis-
lation a great deal of good can be accomplished. The general bulle-
tin issued showed a reduction in the number of persons killed in
railroad accidents in this state during the year ending June 30,
1909, to be 45 less than the year before ; it showed a reduction of
25, nearly one-fourth, in the number of employes killed, and it
showed only 1 passenger killed during the year in 150,000,000 pas-
senger journeys, by the fault of railroads or any railroad man. The
convention provided for an advisory committee of railroad men to
act with the Commission in scrutinizing accidents, which commit-
tee has been appointed. The proceedings of this convention in this
volume are interesting.

Our formal and informal cases are reported hereafter. We
have had up coal rates again, and made reductions to South Bend,
Mishawaka and elsewhere. Interchange of business and switching
rates at junction points have been before us again, decided in the
Richmond and Bloomington cases, attacked in court, and our or-
der in the Bloomington case affirmed. The Yandalia class rate
case was decided adversely to the findings and orders of this Com-
mission by the federal court, and we have requested the attorney-
general to appeal the case to the supreme court of the United
States. As to express rates, the litigation being in the federal
court, and the state court having decided adversely to part of our
general order, while the Commission believes that these rates are
too high, and will take such action hereafter as the law and facts
require whenever complaint is made or proceedings instituted, we
deemed it best, on the advice of our counsel not to proceed further
in this particular case in the federal court.

"While we have settled and tried many cases, the Commission re-
grets that it is still involved in a great deal of litigation. This is
mostly the action of the carriers, seeking to set aside our orders in
the courts. In the state courts we are generally, nearly always,
successful ; in the federal courts we have been correspondingly un-
successful. Attention to these cases involves a great deal of labor.
We trust that as the principles governing such matters are settled
by the courts, there will not be so many suits ; hence, we will be
afforded more time to attend to our other important duties. One



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of these cases commenced by the Commission, deserves special men-
tion. The Commission ordered the Wabash Railroad to separate the
grade of the level crossing of its railroad with the public highway
at Topeka. The railroad company did not obey the order or rec-
ommendation, and the Commission has employed special counsel
to enforce it. Suit has been commenced, and this case will settle
the power or want of power in the Commission to order the separa-
tion of grade crossings.

A matter of great importance to shippers and carriers is the
order of the Commission putting into effect in this state the uni-
form code of demurrage rules, adopted by the National Associa-
tion of Railway Commissioners. Indiana is the first state to adopt
these rules, which we believe are the best for uniform practice that
can be devised.

PENDING LITIGATION.

The Commission is now engaged, as plaintiff or defendant, in
the following litigation :

FEDERAL COURTS.

No. 1. Express Companies vs. Commission.

Since our last report, on the advice of our counsel it was de-
termined not to proceed further with this particular case in the
federal court.

No. 2. Railroad Commission vs. L. E. & W. R. R., C, C, C. & St
L. Ry.
Since our last report, these suits have been dismissed and costs
paid.

No. 3. Vandalia Railroad Company vs. Commission.

Since our last report, the special master reported adversely to
the Commission, his report was confirmed by the court and a per-
manent injunction issued, forbidding the enforcement of the rates
fixed by the Commission. The cause has been ordered appealed to
the circuit court of appeals, and is in charge of the attomey-
generaL

No. 22. Railroad Commission vs. Southern Indiana Railway. (In-
terstate Commerce Commission.)
Since our last report, it has appeared that the cause of com-
plaint in this matter has been removed, by the defendant's receiver
makitlg equitable distribution of coal cars. The case has therefore
been dismissed without prejudice.



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No. 23. Chicago, Indianapolis & Louisville Railway Company vs.
Railroad Commission.
Suit to enjoin enforcement of coal rates fixed by the Commis-
sion in Cause No. 286 (Slider vs. C, I. & L. R. R.). Hon. C. V.
McAdams has been employed as special counsel, with the executive
approval.

No. 26. Grand Trunk Railway vs. Commission.

Pending on appeal to supreme court of the United States.

STATE COURTS.
Rush Oirxmit Court,

No. 4. Commission vs. C, H. & D. and C, C, C. & St. L. Ry. Cos.
Since our last report this cause has been dismissed, and the
Commission is awaiting final determination by the interested roads,
as to whether the interchange switch will be constructed without
further litigation.

LAKE SUPERIOR COURT.

No. 5. Chicago, Indiana & Southern Railroad Company vs. Com-
mission.
Still x)ending.

LAWRENCE CIRCUIT COURT.

No. 6. Commission vs. Southern Indiana Railway and B. & O. S.
W. R. R.
Since our last report, this cause has been satisfactorily adjusted,
and dismissed, the defendants paying to the state $141.21 each, to
defray the expense incurred by the latter in the litigation.

TIPPECANOE SUPERIOR AND CIRCUIT COURT.

No. 7. Chicago, Indianapolis & Louisville Railway Company vs.
Commission.
Since our last report this cause has been affirmed by the supreme
court of Indiana. (Superior court.)

No. 8. Wabash Railway Company vs. Commission.
This case is still pending. (Superior court.)

No. 13. State vs. Wabash Railroad.

This prosecution under the full crew law has been dismissed at
the suggestion of special counsel, Hon. Martin M. Hugg. (Circuit
court.)



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BARTHOLOMEW CIRCUIT COURT,

No. 9. Southern Indiana Railway Company vs. Commission; C,
C, C. & St. L. Ry. Co. vs. Commission.
These cases have been dismissed^ the matter in controversy hav-
ing been satisfactorily adjusted.

No. 25. Southern Indiana Railway vs. Commission and C, C, C.
& St. L. Ry. Co.
This case has been dismissed, the cause of complaint having been
satisfactorily disposed of.

ALLEN CIRCUIT COURT.

No. 10. Commission vs. Express Companies.

These cases, involving express rates in Fort Wayne, have been
dismissed.

No. 29. P., Ft. W. & C. Ry. Co. vs. Commission.

This suit, brought to set aside the order of the Commission in
cause No. 251, requiring interchange of freight at Warsaw, is still
pending.

VERMILLION CIRCUIT COURT.

No. 11. Southern Indiana Railway Company vs. Commission.

Since our last report this cause has been dismissed, the subject
of complaint having been satisfactorily disposed of by the South-
ern Indiana Railway Company.

MONTGOMERY CIRCUIT COURT.

No. 12. State vs. C, I. & L. Ry.

This prosecution under the full crew law has been dismissed at
the suggestion of special counsel Martin M. Hugg.

MARION COUNTY.

No. 14. Commission vs. C, I. & L. Ry.

Action in the Superior Court, Room 2, concerning the issuance
of free transportation under the act of 1905 ; pending.

No. 17. Lake Erie & Western Railroad Company vs. Commission.
Pending in the Marion Superior Court, Room 3. Forkner &
Forkner, special counsel.

No. 18. C, C, C. & St. L. Ry. vs. Commission.

This case is pending and is at issue. It is in the hands of the
Attorney-General.



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No. 19. C, C, C. & St. L. Ry. et al. vs. Commission.

This action, concerning the movement of gravel from Lafayette,
is pending.

No. 20. Lake Brie & Western Railroad et al. vs. Commission.

This action, wherein the plaintiffs seek to set aside the Com-
mission's order classifying thin cut lumber, is pending.

No. 21. State vs. Vandalia Railroad Company.

This prosecution for violation of the full crew law resulted in
the Supreme Court of Indiana sustaining the law of 1907. The
case has been appealed to the Supreme Court of the United States
by the railroad company. Hon. Martin M. Hugg, special counsel
for the Commission.

No. 27. C, C, C. & St. L. Ry. vs. Commission.

Since our last report a demurrer to the complaint in this cause
has been filed by the Commission and orally argued by Commis-
sioner Dowling on behalf of the Commission. Briefs have been
filed and the court has the demurrer under advisement. Pending
in Superior Court, Room 1.

No. 30. Indianapolis Southern Railroad Company vs. Commission.
Suit to enjoin enforcement of order in cause No. 283, directing
construction of shed and stock pens at Providence. Demurrer to
complaint argued orally and by brief. Taken under advisement
by court. Pending in Superior Court, Room 1.

No. 31. Railroad Commission vs. Southern Indiana Railway Com-
pany and C, C, C. & St. L. Ry. Co.
Since our last report this suit has been dismissed, the subject
therein involved having been satisfactorily adjusted.

No. 32. Chicago, Indianapolis & Louisville Railway Company vs.
Commission.
Suit to enjoin enforcement of order in cause No. 304, Blooming-
ton Coal Company vs. C, I. & L. et al. Temporary injunction

issued. Pending, Marion Superior Court, Room 1.

1

No. 34. P., C, C. & St. L. Ry. Co. vs. Commission.

Suit to enjoin enforcement of order made in cause No. 341, re-
quiring the plaintiff and the C C. & L. Ry. to interchange carloa^
traffic at Richmond. Appearance has been entered by the Commis-
sion.



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GIBSON CIECUIT COURT.
No. 24. In the matter of Peter Foltz et al.

Since our last report the court has ruled in this case that the
Commission could not question the location and utility of the hi^-
way in question.

WAYNE CIRCUIT COURT.
No. 28. C, R. & Ft. W. R. R. Co. vs. Commission.

Since our last report this cause has been determined in favor
of the Commission.

VANDERBURGH CIRCUIT COURT.

Railroad Commission vs. Evansville Suburban & Newburgh Rail-
way Company.
Suit to collect penalty for issuing free transportation. Suit
pending.

LAGRANGE COUl^T.

Railroad Commission vs. "Wabash Railroad.

Suit to enforce separation of highway and railroad grade at
Topeka.

SUGGESTED LEGISLATION.

The Commission respectfully recommends that legislation upon
the following subjects be enacted at the next session of the General
Assembly.

1. The Railroad Commission Act should be so amended that
in proper cases the Railroad Commission may intervene in pro-
ceedings for the location, change or extension of a public highway
over the right of way of a railway, butside of the corporate limits
of cities and towns, when, in its judgment, such location, change or
extension would not be advisable from the standpoint of public
safety.

2. A law should be passed providing a uniform method for
presenting to the railroads, shippers' or consignees' claims against
the latter; prescribing the kind of proof of claims which should
be submitted to the carrier, and imposing upon the latter the duty
of absolutely accepting, or supplementing this proof so far as it is
able. The law should also include a penal provision intended to
secure prompt settlement of shippers' and consignees' claims
'against carriers, where the statutory method of proving the same
has been followed.



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3. A law should be passed, giving the Commission authority to
permit refunds or reparation, in cases where a shipper has inquired
of an authorized representative of the carrier and a rate has been
quoted to him by the latter which is lower than the lawfully pub-
lished rate ; whereby the shipper has been actually misled to his
damage.

4. The safety appliance law (Acts 1907, p. 186) should be so
amended as to provide adequate punishment for wrongful destruc-
tion or interference with the operation of safety appliances used
to protect highway crossings.

5. A statute should be passed to prevent trespassing upon rail-
way tracks, and punishing all persons who use such tracks as a
footway. We have heretofore prepared a good bill on this subject.

6. The safety appliance law (Acts 1907, p. 186) should be so
amended as to require adequate and properly working hand brakes
to be placed upon all cars, both freight and passenger, including
interurban cars; and as to the latter, that the hand brakes shall
operate independently of the air or power brakes.

7. The safety appliance act (Acts 1907, p. 186) should be so
amended as to give the Commission authority to require the re-
moval of lateral and overhead obstructions near railroad tracks in
cities and towns.

8. A law should be enacted providing for the elimination of
grade crossings throughout the State by requiring the steam and
electric railroads to separate a specified number of grades each
year, for each 100 miles of railroad or fraction thereof, owned or
operated by them. The expense of separation should be divided



Online LibraryRailroad Commission of IndianaAnnual report of the Railroad Commission of Indiana → online text (page 1 of 55)