Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1884-01-17
Rt-REARlMa WANTED.


The Atchison, Topeka & Santa Fe Rail-
road Company, through their superinten-
dent, Mr.. A. A. Robinson, has petitioned
the State Board of Railroad Commissioners
for re-hearing Of the Usage City, Newton
and Great Bend cases in regard to which
the recent decision of the Board was made.
The Board has agreed to re-hearing of
the Usage City case on January 22d.
The following is the petition presented
by the railroad company:
Before the Board OF Railroad Commission
ers Of the State of Kansas.
The mayor and council Of Usage City, COM
plainants, VS.. the Atchison, Topeka g.
Santa Fe Railroad Company, respondent.
The mayor and council of the city Of New
ton, compliments, VS.. same.
The mayor and council of the city of Great
Bend, complainants, vs.. same.
HETITIoN FOR RE-HEARING.
10 the Honorable, TO tie Biard Of Railroad
Commissioners Of the State Of Kansas:
The Atchison, Topeka & Santa Fe Rail-
road Company, the respondent in each of
the above entitled complaints, hereby re-
spectfully petitions and prays that the de-
cision in each of said above entitled causes,
rendered on January LIST, 1884, by Hon.
James Humphrey and Hon. l.. l.. Turner,
members of the Board Of Railroad Com.
missioners for the State OF Kansas, be va
Gated and set aside, and that re-hearng
Of said complaints be granted your petit.
toner, and that 1t be permitted to intro
duce further evidence, argument and au-
thorities in each OF said cases upon the fol.
lowing points and for the following reasons,
TO wit:
l That said decision rendered on TIE
first day of January, 1888, was not rendered
by the Board OF Railroad Comm issioners
of the State of Kansas as constituted by
law, but was rendered by only two mem.
bers thereof.
| 2.-For the reason that said decision reg.
ulates Interstate commerce, and in this re-
spect is in excess Of the authority conferred
upon said Board by law.
3.-Said decision fixes special rates in ex.
cess OF the authority conferred upon said
Board Of Commissioners by law.
THAT said decision fixing rates upon
said respondents railroad is in violation Of
the chartered powers and privileges of the
said respondent company, and impairs the
obligation Of the contract created between
the Territory Of Kansas and the Atchison
Topeka & Santa Fe Railroad Company by
the eighth section Of chapter forty-seven Of
the laws of the Territory of Kansas, 1859
entitled San act incorporating the Atchi
son & Topeka Railroad Company"
| 5.-That said decision was based upon
mistake OF fact as to said respondent com
pany's revenues.
G.-That said decision is based upon the
operating expenses of said respondent com
pany for single year, and is unjust to sale
respondent company for the reason that
during the year so selected by said Board o.
Commissioners the operating expenses o.
said company were much below the aver
age.
| That said decision was based upon
mistake Of fact as to the company's owner
ship of the proceeds of the land granted &c
the State of Kansas to aid in the construc
ton of said respondents railroad, which
mistake OF fact apparently greatly increas-
ed the revenues of said company.
S.-That the tariff rates fixed by said de.
cision are injurious to the best interests oil
said respondent company and the people OF
said State for the reason that, if carried out,
will practically result in the coniscation o.
the auxiliary and leased lines of said re.
spondent company, and prevent the con.
struetion of new lines in the future through
portions of the State where new lines
ought TO be built.
9.-That by reason of the great difference
in the volume of traffic, the standard OF
tariffs for transportation in Illinois is not a
fair criterion upon which to base tariff
schedule fer respondent company in the
State OF Kansas.
1O.-That said decision by its terms seeks
to compel the defendant company TO fix
rates over its own line and the Leayenworth,
Topeka & Southwestern Railroad Com
pany's line from Topeka to Leavenworth
in the State of Kansas, which said last
named company is not owned, operated,
managed or controlled by said respondent
company.
Dated this 18th day of January, 1884.
THE A, T. & S. +. r. II. Co.,
BY A.A.RoBINsoN, Gen. Supt.