The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-07-20
"A RIG RAILROAD SUIT.

Rreeseaings Commenced Against she
Kansas Pacific RoaA for Violation
Of Hts Charser-Text ef the Conn
Plaint.
In accordance with resolution passed
by the Legislature last winter, the great
railroad case, 1.-THE State Of Kansas en-
rel. w. A. johnson, Attorney General,
plaintiff, VS.. The Kansas Pacific Railroad
Company, was fled in the Supreme Court
of the State at Topeka, the 18th, and will
probably come up for trial at the Septem-
Der term. Judge ]. 8. Black, of Philadel-
phia; W. n. Rossington, Of Topeka; A. A.
Harris, of Fort Scott, and Geo. s. Green, of
Manhattan, are associate counsel In his
petition the said Attorney General gives
the court to undestSnd and be informed,
that the railroad Of said defendant was
constructed under and In pursuance Of a
special privilege and power, given and
granted to said defendant company as the
agent Of the public, for that purpose, and
the said railroad was and is the property
Of the State Of Kansas, and one of her high
ways, over which she has, and Of right
ought to have, supreme and exclusive juris-
diction, as well as a perfect title. That the
said corporation herein made defendant,
was by the provisions of its charter, the
servant of the State of Kansas to construct
the said railroad, and run, work and oper-
ate it for her, and in the interests of her
people, so that all should have the neces.
sary use of it for proper purposes and on
proper terms; and in consideration of the
engagement that this service should be faith
fully performed, the said State of Kansas
bestowed upon the defendant corporation
the powers, privileges and franchises emu
merated and defined in the act of incorpo-
ration and supplement thereto, as hereto
fore set forth, but the said corporation has
in fraud of its charter, without the consent
of the State, and against her laws, repudi-
ated its obligations, abandoned its duties,
relinquished its franchises, put an end to
its corporate existence ESQ far as by its own
act it could do SOY, and diverted the afore-
said highway of the State, as if it was
private property, to the use of a foreign
corporation, outside of the Jurisdiction of
the State of Kansas and beyond the reach
of her authorities, with the declared intent
that it shall be operated and used and
worked, not according to the laws of Kan
sas, made or to be made to protect the
rights and interests of her people, but under
and according 50 the provisions Of
other laws, alleged to have been enacted by
the Legislature of another government, for
the regulation of another railroad, lying in
another State.
Whereupon, and in consideration of the
foregoing declarations, charges, and infor-
nations, the said Attorney General prays
the advice and judgment of the said court
in the premises, and due process of law
against the Kansas Pacific Railway Com
pany, in the behalf to be made to answer
to the State of Kansas by what warrant it
claims to have, use and enjoy the liberties,
privileges and franchises aforesaid; and
further by what warrant it claims, and has
exercised the right to put the said railroad
and its appurtenances into the possession
and under the control of the above-men-
toned foreign railroad company, and by
what warrant it claims the right to main
tain such foreign corporation in such pos
session, or in the enjoyment and exercise
of the franchises and privileges bestowed
by the State of Kansas, exclusively on said
Kansas Pacific Railway compeny; and the
said Attorney General prays that upon a
due hearing hereof, the said respondent
company be adjudged to have forfeited all
its rights, liberties and franchises, and to
be ousted from the same, and that the said
be thereupon dissolved; and
the said Attorney General further prays,
that it be further adjudged that the said
granted to the defendant by the
State, have become relinquished, aban-
doned, and forfeited to the State of Kan
sas, and that the same be resumed to the
State, and that the State take possession of
the said railroad, with all its appurtenances
and fixtures, as public property, and make
such disposition thereof as may be thought
necessary.