Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-02-29
KANSAS STATE NEWS.
Taken 60 the Court..

The issue between the Railroads and the
State Board Of Railroad Commissioners has
illuminated in an appeal TO the Courts,
the attorneys for the Santa Fe Road having
filed a petition in the District Court of
Shawnee County for an injunction. The
orders of the old Board covers five points,
rs follows:
First-They make mileage distance tarin
FOR the entire main line of the Atehison Road.
Second-They make the same tariff for all
business on the branch roads
Third-They order the road TO use a COM
bined or joint mileage for both the main line
aud branch roads
Fourth-They order the same rates and
mileage on the Leavenworth, Topeka South
western and Manhattan. Alma & Burlingame
Railroads. neither OF which seem to be leased,
owned nor operated by the AtchisOn
Fifth-They order the gadoption,of certain
special rates to and from Leavenworth, Atchi-
son and Kansas City.
The Railroad Company announces that
although they consider all the orders I'M
just and unfair, and not intended by the
law, they shall in difference to the will of
the people, as expressed by the old board,
comply with the first four orders. The
fifth they decline to comply with. as in
plain violation of the express terms of the
law itself as found in section 10, and under
the penalties provided in sections 10 and
20. The injunction against the
special rates was prayed for
by one of the largest stockholders. The
petitioner, who is a resident of Boston,
Mass, and an owner Of 1920 shares Of the
Atciison, Topeka & Santa Fe Railroad, Of
the par value of $40 each, sets forth in
brief the conditions under which the said
railroad company was formed and then re-
fers to the establishment of the Board of
Railroad Commissioner and giving their
reasons for setting up that the decis-
sion is Illegal:
First-That said decision regulates inter
State commerce, and is in this respect in ex-
cess of the authority conferred upon said
Board by law. and Is In contraventiOn OF the
provisions Of Sec. 4 Of Art. l, of the Consti-
tuition of the United States.
Second-Said decision fixes special rates in
excess OF the authority conferred upon said
Board OF Commissioners by law. and in direct
violation of the provisions of Sec. 10 of the
Third-Said decision fixing such special
rates upon the railroad of said defendant and
such rates upon Interstate commerce, as
heretofore set forth, is in violation OF the
chartered privileges and powers Of said
company, and impairs the obligation OF
the contract created between the Terri
tory of Kansas aud the Atchison. To-
peka a. Santa Fe railroad company by the
eighth Section of Chapter AZ of the laws of the
Incorporating the Atchison Topeka Railroad
Company"
Fourth-That said defendant Commissioners
have no authority under the provisions of said
statute to fix rates or decide what should be
reasonable compensation 10 said Rail-
road Company for the transportation of
freights 10 and from any point on
said line of railroad other than those
from which complaint had been made as re-
quired by law.
Fifth-Thgt said decision was not rendered
by the Board OF Railroad Commissioners of
the State of Kansas as constituted by law, but
was rendered by Only'two members thereof
and at time when said Board was incomplete
on account of IA vacancy caused by the death
of one of its members.
The complainant AYERS that the adoption
of the rates as fixed by the Board of Com
missioners will result in great injury to
him, and his shares in said company would
be greatly deprecated thereby. The COM
plainant then prays for a temporary in
junction to restrain the railroad company
from adopting all, or any portion of the
special rates of tariff or the tariff rates
upon Interstate commerce fixed by the
State Board of Railroad Commissioners,
and that after full hearing the injunction
be made perpetual.