INVESTIGATION OF ACCIDENTS. ACCIDENT AT LOGAN. Gen. F. M. Drake, Governor of Iowa: July 23, 1896. DEAR SIR-In compliance with section 2042 of the Code of Iowa, the board of railroad commissioners have the honor to report that a serious accident occurred on the main line of the Chicago & North-Western railway at Logan, Iowa, at about 6:44 P. M on Saturday, July 11, 1896, resulting in the death of twentyseven people and thirty-two injured, three or four probably fatally. From the investigation made by the commissioners at the scene of the wreck it appears that an excursion train composed of sixteen coaches and one baggage car and engine had brought about twelve hundred excursionists from Omaha, Neb., to Logan, Iowa, comprising the Society of Union Pacific Pioneers, with the families of the members. This train had been made up on the side track at Logan, and the excursionists had taken their places ready for the return home. Every coach was packed full of people and quite a number had gone into the baggage car for lack of room elsewhere. The agent at Logan states that he had received from the train dispatcher the order for this train to "run special Logan to Council Bluffs, and can have until 7:10 to go to Loveland against No. 14," and had given duplicate copies of the order to the conductor of the excursion train. Train No. 2 is a limited passenger train going east, and does not stop at Logan, but passed, as noted by the station agent, at 6:24 P. M., with signal that another train was following it. Train No. 38 is scheduled as a freight train, follows No. 2, and is due to pass Logan at 6:43 P. M. without stopping. This train carries the equipment of the fast mail limited running back to Boone, and usually some cars of time freight, but no passengers are carried. On this evening this train was composed of four freight cars, two mail cars, one passenger coach and an engine the four freight cars being next the engine, the fast mail train passenger equipment following. After train No. 2 had passed, and without orders other than the one noted, the excursion train pulled out on the main line and had attained a speed estimated at three to six miles an hour, and when about a quarter of a mile west of the switch at Logan, was met at the point of a curve by train No. 38, running at a speed estimated at from thirty to thirty-five miles an hour, with results as stated. The engineer and conductor of the excursion train seem to have forgotten entirely about train No. 38. We find no mismanagement or neglect on the part of the Chicago & NorthWestern Railway company as a corporation, except such as may be legally inferred from the above and foregoing facts. We herewith hand you a list furnished by the railway company giving names of persons killed: LIST OF PERSONS KILLED IN COLLISION NEAR LOGAN, SATURDAY EVENING, JULY 11, 1896. Bradley, Mrs. Kate, 1018 North Eighteenth street. Bradley (baby), child of Mrs. Kate Bradley. Carroll, Mrs. J. P., 1018 North Eighteenth street. Carroll (baby boy), child of Mrs. J. P. Carroll. Father of child was also injured. Cosgrove, Miss Margaret, age 24. Cosgrove, John. Cosgrove, William, 1111 North Eighteenth street. Had a sister injured. Cavanaugh, Owen, 1502 North Eighteenth street; age 18. Clair, Robert, son of John Clair, an employee of the Union Pacific; 1839 North Dodson, William or Hugh, 4314 Emmet street; age 8. Father injured. Jack, John J., age 21; employed by Omaha News company on railway trains. Kinsey, John, 4603 Cuming street. Had a brother injured. Kelker, John B., 808 South Seventeenth street; age 23; said to be a cabinet maker in Union Pacific shops; son of Frederick A. Kelker. Kaler, Mrs. John, Second avenue and Nineteenth, Council Bluffs. Husband and infant daughter killed and a daughter injured. Kaler, infant daughter of above. Larson or Lawson, age 16; son of John Larson; lives at Oakland, California. Mother and two brothers live at 1113 North Eighteenth street. Was employed as carrier for the World-Herald at Omaha McDermott, John or Charles, 1112 Sherman; machinist in the employ of the Union Pacific. Neilson, Fred, 222 South Thirty-third street; about 20 years of age. Father, Andrew Neilson, and sisters, Eva and Nellie, also injured, Mother is dead. Peters, Lawrence, Ninth avenue, Council Bluffs; engineer for Union Pacific water works at Transfer. Scully, Patrick, 2524 Center street; 56 years old; married; has a wife and four children; employed as a stationary engineer at Union Pacific shops. His brother, Joseph Scully, lives at 324 South Thirty-third street, South Omaha Wife and daughter were injured. Tracy, Mary Ellen, 1107 North Eighteenth street; 27 years old; single. Wilson, Miss Olie, 1511 Ninth avenue; daughter of William Wilson, Council Bluffs. Winegar, G. J., Morrison, Ill.; brakeman. It is due to the noble people of Logan that we recognize in this report their unbounded kindness in their efforts to relieve suffering and administer comfort to the unfortunate victims of this accident. Nothing that the tenderest humanity could suggest was left undone by them. By order of the board. Respectfully yours, W. W. AINSWORTH, DECISION OF THE UNITED STATES SUPREME COURT IN ASSOCIATION. [This has been called "the most far-reaching judicial decision of modern times "] The headings inserted below are not a part of the case. SYLLABUS. 1. Though the general rule is that equity does not interfere simply to restrain a possible future violation of law, yet, where parties have entered into and are acting under an illegal agreement or association, and a bill has been brought to dissolve the association and restrain the parties from entering into or acting under any similar agreement, the fact that, after the bill has been dismissed, the parties voluntarily dissolved the association, does not oust the jurisdiction of an appellate court to review the judgment. 2. To sustain the appellate jurisdiction, it is not necessary that the bill shall state expressly that the jurisdictional amount is in controversy, but that fact may be made to appear by affidavit or stipulation in the appellate court. A stipulation between the parties as to the amount is not controlling, but, in the discretion of the court, may be regarded, with reference to other facts appearing in the record, as sufficient proof of the amount in controversy. 3. In a suit to dissolve, as illegal, an association of railroad companies to control and maintain freight rates between competitive points, a stipulation was filed, on appeal to the supreme court from a decree of the circuit court of appeals dismissing the bill, showing that the daily freight charges on interstate shipments collected by the companies at competing points were more than $1,000 in value daily. The various companies composing the association denied the illegality thereof, and alleged that, without some such agreement or combination, the competition between them would be so severe as to cause great losses to each of them, and possibly result in financial ruin. Held, that this sufficiently shows that there was in controversy an amount exceeding the $1,000 necessary to sustain the appellate jurisdiction. 4. The act of July 2, 1890, providing that "every contract, combination in the form of a trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states or with foreign nations, is hereby declared to be illegal," applies to a contract, between competing common carriers by rail, forming an association for the purpose of maintaining and regulating rates of transportation. Such agreements were not authorized or sanctioned by the interstate commerce act of February 4, 1887, and hence there is no inconsistency between |