The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-11-15
RAILI.nAn lnaInIIssIe,N 90.
Motion tn Dismiss Certain Counts From
Complaints in Usage Ci.y Case

Motion tn Dismiss Certain Counts From
Complaints in Usage Cisy Case
0VerruIed
Daring the hearing of the Usage City
case before the railroad commissioners
Friday, the attorneys fur the A. T. & :.
F. railroad made motion To dismiss
certain counts from the complaints.
Yesterday the board Of commissioners
made the following important decision
in regard to the matter OF
The Mayor AID Council of Usage CITY
Us. the Atchison, Topeka & 5 tnta Fe
Il. Il Co.
The complaint contains twelve counts
or sections, the first eleven charge sub
stantialiy that the respondent company
have established state oi things at
Usage City and county. by which the
coal industries of that locality are being
greatly injured by the Determinations
on the part OF tue railroad company in
favor OF the Usage Carbon company IN
which il is alleged the railroad company
is interested. The last part OF the CON-
plant charges that the rates generally
are too high, etc, over said railroad al
Usage City.
The last part is continued in conse-
quenec of the mee;ing appointed be-
tween the traffic managers 0f the differ
ent railroads in the state and the board
on the 18th OF November for the pur-
pose of arranging freight rates tor the
state
The respondent company now moves
to dismiss the other counts in the COM
plant that charge SIMPLY discrImina-
ton, for the reason that the mayor and
council possess no authority or tight to
make aEch 0 complaint under the stat
Ute, and that the board cannot take Jur-
IsdiCtiOn under said complaint.
The law creating the PRESENT board
and defining the powers and duties is
very meagre in its provisions in respect
to the manner in which Its powers shall |
he invoked Aid its duties shall be per-
formed. Sections II, II and 10 |
of the act In question pro- |
vide We shall make CON-
plant oil grievances arising under those |
sections. pnder section II, complaint |
may he made of any unreasonable price |
charged by a railroad company, for any |
service rendered or afforded by it to any |
other company, person OF corporation, |
and under this section the party directly |
aggrieVed must complain. Under sec |
lions IA and Is the board is authorized |
upon proper complaint TO affect the rates |
upon one or all classes of merchandise. |
either by reducing or raising them. In |
this case complaint must come from the |
mayor and council of a city or trustees |
of a township, upon the request of %
legal voters of such city or township
These arc the only CASES in which il is
provided who shall make the complaint. |
There are numerous other powers and
functions conferred on the board besides
these contained in sections II, Il, and |
-. and which the hoard may ex-
ercise either upon complaint
or without one, and since
it is not provided who may make CON-
plant. the board may entertain and act
upon complaint coming from any source
they may deem trustworthy.
In all matters which form the basis Of
complaint, when tue matter complained
of affects but one Individual or consti- |
tutes personal grievance the complaint
would more properly come from the
person who has occasion for complaint, |
but if the matters complained OF are the
existence of 8 2tate OF things which |
affects iniuriously a number of persons
IN the same locality it appears to the
board not Inappropriate for the mayor
and council or trustees. as the case may
be, to prefer the complaint.
The complaint IN this case is of the
latter nature, and we think it came
properly from the mayor and council of
Usage City, and therefCre eyevrule the
motion to dismiss.