RECAPITULATION

A careful examination of Iowa legislation pertaining to transportation shows that it has had a very uneven development. There was, however, a clear recognition of the economic and political importance of means of transportation even during the period of the settlement of the Iowa country. During the Territorial period and later in the early State period the people were unable to build a system of roads at public expense. They at first endeavored to secure aid from Congress, but much assistance could not be expected from that source. Attention was later turned to private corporations which were encouraged to build toll roads and bridges. Such roads were the precursors of railroads, and those which were successfully built served as feeders for railroads after the latter had been introduced.

It should be remembered that the Territory of Iowa inherited its system of local government, including the administration of roads and bridges, from the original Territory of Wisconsin. Moreover, throughout the history of the State, the whole body of road legislation has been so inextricably bound up with local administration that it has been almost impossible to separate the two. Centralized administration of the road laws was long needed, but it was successfully opposed by those who favored decentralization.

It is true that local administration was highly centralized by the Code of 1851, but the system was retained for only a few years. A period of almost thirty years then followed during which no real constructive legislation was enacted on the subject of roads and highways. To be sure some legislation was passed during this period, but it did not procure for the people of the State a system of permanent good roads over which produce could be cheaply and easily hauled at any time.

Throughout the State period enough money has been collected to build and maintain a system of good roads, had the

funds been spent honestly and intelligently. The small district system of road administration, however, was inefficient and wasteful. Road supervisors and other road officers were ignorant of the best methods of road construction. Tenure of office was uncertain. Taxes were paid in labor, and frequently at the time of year when the work would do the least good. The materials available for road construction were not good. Under such conditions it is not surprising that good roads were almost unknown.

A good roads movement was launched in 1884, but no constructive legislation resulted for twenty years. The agitation for improvement was persistent, however, and the first State Highway Commission was established in 1904. Since that date constructive road legislation has been enacted. The State Highway Commission was reëstablished on a better basis in 1913, and an era of permanent roads is being ushered in. Under the present organization there are many problems that face the counties and the commission in building an adequate system of highways in the State. Of these problems two are mentioned by the commission as being difficult of solution, namely, the problem of adequate organization how to secure men to do the work of building roads, culverts, and bridges in a workmanlike mannerand the problem of securing an adequate system of maintenance.66

The road laws of Iowa are the result of a struggle between progressive and reactionary tendencies which has been maintained throughout the history of the State. The progressive tendency has for the time being at least gained a victory. Years of agitation, the increased use of the automobile, and a growing appreciation of the economic importance of good roads are responsible for the progress that has been made. The basic road law of to-day is the law that established the State Highway Commission. It provides for a system of more centralized control over road and bridge

construction and maintenance than the State has had since the adoption of the Code of 1851. Iowa was the first State in the Middle West to establish a State-wide system of main roads. The adherence to this system for a period of a few years will give the State a network of permanent good roads that will be of the greatest utility to the people of the State.

II

RAILROAD TRANSPORTATION

PERIOD OF AGITATION

The Constitution of 1846 under which Iowa was admitted into the Union contained the following section:

Corporations shall not be created in this state by special laws, except for political or municipal purposes; but the general assembly shall provide by general laws, for the organization of all other corporations, except corporations with banking privileges, the creation of which is prohibited. The stockholders shall be subject to such liabilities and restrictions as shall be provided by law. The state shall not directly or indirectly become a stockholder in any corporation.67

In accordance with these provisions the First General Assembly provided "that any number of persons may hereafter incorporate themselves for the transaction of any business which may be the lawful subject of a general partnership, including the establishment of ferries, the construction of railroads, and other works of internal improvement."'68 The regulations and restrictions under which corporations were allowed are fully set forth in the law.

During the extra session in 1848 the General Assembly passed "An Act to authorize the 'Mississippi Rapids Railroad Company' to acquire a right of way." This act provided that "whereas, the said work will be of public utility the said company shall not be able to acquire the title to the lands through which the said railroad shall be laid, by purchase or voluntary cession, it shall be lawful for the said company to appropriate so much of said land as

may be necessary for its use, for the purposes contemplated by this act, on conforming with the following provisions". The company was required to petition the judge of the district court, who would appoint a day of hearing and name three persons to appraise the damages and report thereon. The company was then to pay the damages so assessed, together with the expense of the assessment, and be given possession of the land by the certificate of the judge.69

The people of the new State were clamoring for transportation facilities, and the railroads promised the needed relief. Since such roads seemed to the people to afford the solution of their most serious problem everything was done to encourage the rapid introduction of this new and better means of reaching the markets. And so the period from 1848 to 1860 was one of railroad enthusiasm, financial encouragement, and construction. Railroads were demanded at once and at any price. As a matter of fact they did not come as quickly as the people desired. There was not sufficient capital in the new State to finance their construction, and the capitalists of the East turned to the new States only when investments there promised better returns than investments elsewhere. Since railroad construction in the new and thinly populated States was something of a venture, moneyed men hesitated to invest in the enterprise.

Every inducement was held out by the people and many sacrifices were made by communities in order to encourage railroads. Indeed, the liberality of the people knew no bounds, aid being extended to railroads by townships, towns, counties, State, and Nation. Communities and individuals donated money and lands. Anxious for railroad facilities, the people demanded that some National encouragement be offered; and so at the extra session of the First General Assembly memorials and joint resolutions were adopted praying Congress to grant lands to aid in the construction