The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-05-06


sioners for the permanent continuance
and maintenance of said shops and Of
fees at Emporia, and that il has entered
into a sufficient agreement with said
board of county commissioners 70 CON-
plete and equip said road TO the eastline
Of Lyon county within two years from
the time Of commencing work upon said
road, and to Kansas City, No, within
three years from said time, and TO es-
tablish and maintain depot and side
track within one-fouFth Of q mile OF the
townsite Of Neosho Rapids, In said coun-
ty, and has also made sufficient guar
antee, approved by said board Of county
commissioners, securing to said county
Of Lyon and the citizens thereof a re
duction in the price of fare charged for
the transportation of freight and passen-
gers TO and from Kansas City, Mo-, and
all points along the line of said road In
Lyon county, Kansas, at least % per
cent. below the rates shown by the gen.
eral tariff freight list issued by the A,
T. & 8. F. railroad company on August
31st, 1875, and also that the track of said
railroad company has been laid and trains
running thereon from the city Of En-
porla to the point where the line of said
road crosses the south or west line of
said county of Lyon. tBt
such certificate The said firm of Donnell,
Lawson & Co. shall deliver to said rail-
road company, its successors and assigns,
an amount of said bonds and stock equal
to $4,000 per mile Of the road SO con-
siructed in said county, and then said
railroad company, its BuccessoEs or as
signs, shall present TO said DOonelI, Law
son & Co. certificate of said board Of
county commissioners showing the rail-
road of said company has been complet
ed from EmpOria to the east line of said
county by way OF the town Of NeOsho
Rapids, and within One-tOurth of mile
Of said town, with depot and side track
located within the same distance OF. said
town, and that all the conditions con
corning said shops and Off ces have been
complied with, that then and in such
case the said firm of Donnell, Lawson g.
Co. shall deliver said bonds and said
stock that shall then remain in their
hands to the said railroad company, its
successors and assigns.
PrOrided, however, that if the said
railroad company, its successors and as
signs shall fully do and perform all
things by IL 70 be done and performed
in order to entitle II TO the delivery of
said bonds and stock, or any portion
thereof, as shown by the proposition
voted upon at said special election as
aforesaid, and that in such case or cases
the said board OF county commissioners
shall wIlfully and without cause refuse
TO issue and deliver to said railroad
company, its successors and assigns the
certificate or either of them above men,
toned. that then and in such case or
cases upon the decision of any court of
competent Jurisdiction wherein the said
board of county commissioners shall have
been made party and shall have had
sufficient notice of said action TO have
defended the same, that the said railroad
company, its successors and assigns are
entitled to said bonds and stock OF any
portion thereof, under the terms and
conditions of said proposition, and that
said board of county commissioners will
fully and without cause refuse to deliv-
er said certificate or certificates, that then
the said Donnell, Lawson q Co. shall de-
liver to said railroad company, its sue
cessors or assigns, such portion of said
bonds and stock as said court may de-
eide il or they to be entitled to.
DoNNEIL, LAWSON & Co.,
Fiscal agents for the state of Kansas.
AS the railroad company in whose be-
the conditions for their delivery, as set
forth in the contract between the COM
missioners and DOnnell, lawson b Co.,
and rs none of the terms upon which aid
was extended TO the road had been ful-
filled, it becomes question how any
protracted or expensive litigation could
grow out of so plain an agreement.
The laws delay and the devices of crafty
jurists versed in legal bubbles, have.
not unfrequently been successfully en-
ployed to defeat the ends of Justice, but
in the case in question we fail to
see the possibility of any such
contingency. 1t is~~ true that
history records not few instances
bonds issued under very similar condi-
tons, and the fact must not be over.
looked that the taxpayers of Lyon
county are in better shape to criticize
the action of the officials associated with
this transaction, now that the narrow
gauge bonds have been converted TO
ashes, than they were before they were
recovered. The public, We believe. will
not be charrV in awarding just credit TO
the commissioners and Mr.. Sedgwick for
their efforts in the direction of removing
oil cause of misgiving regarding the
outcome of an issue in which the tax
payers of the county were so vitality in
terested, and they desire to see the
county attorney fairly remunerated for
his services in this behalf. As we stated
in our first article on this question, we
are not in sympathy with the suspicion
entertained in some quarters, that any
of the parties to the transaction have act
ed in bad faith. But it would be utter
ly absurd to deny that there has been an
exercise of mistaken judgment In this
matter which merits the gravest criti-
cism of all who are interested in a judi
cious and economical expenditure of the
public funds.