The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-01-17
PErIrIoS ron REHEARISe.


The AtehIsOn, Topeka 4 Santa he Rail
road COMPANY on ths D esa %
In the cases of Usage CITY, Newton
and Great Bend VS.. Tfhe Atchison, To
peks & Santa Fe railroad company, tht
latter filed its petition yesterday alter
noon for q rehearing in the cases, a
follows:
To the Honorable Board OF Railroad Com
missioners OF the State of Kansas:
i The AtchisOn, Topeka & santa Fl
railroad company, the respondent II
each of tbs above entitled complaints
hereby respect u1lY petitions and prays
that the decision in each of the said
above entitled causes, rendered on j an
nary LIST, 1884, by Hon. James Hum.
phTey and Hon. L. L. Turner, members
Of the board of railroad commissioners
/ for the state of Kansas, be vacated and
set aside, and that 3 rehearing OF com
| plants be granted your petitioner. and
that IL be permitted to introduce further
evidence, argument and authorities in
each of said cases upon the following
points and for the following reasons, TO-
Wit:
First-That said decision, rendered
on the first day of January, 1884, was not
rendered by the board of railroad COM
missioners of the state OF Kansas, as con-
stituted by law, but was rendered by
only two members thereof.
Second-For the reason that said de-
cision regulates interstate commerce,
and in this respect Is in excess of the
authority conferred upon said board by
law
Third-Said decision fixes special
rates In excess of the authority conferred
upon said board of commissioners by
law.
Fourth-That said decision, fixing
rates upon said respondents, is in viola
ton OF the chartered powers and priv
ileges of said respondent company, and
impairs the obligations of the contract
created between the territory of Kansas
and the Atchison, Topeka & Santa Fe
railroad company by the eighth section
of chapter AZ of the laws of the territory
OF Kansas. 1859, entitled, IAN act Incor.
poIatIng the Afchison & Topeka rail
road company.
Fifth-That said decision was based
upon q mistake of fact as To ths said
respondent eompany's revenues
Sixth-That said decision is based
upon the operating expenses OF the said
respondent company. for single year.
and il is unjust to said respondent COM
pany for the reason that during the year
so selected by SAID board of commits
sioners the operating expenses of the
said company were much below the
average.
Seventh-That the decision was based
upon q mistake of fact as to the CON-
pany's ownership OF the proceeds of the
land granted to the state of Kansas TO
aid In the construction OF SAID respond.
ent's railroad, which mistake of fact ap-
parently greatly Increased the revenues
of said company.
Eighth-That the tariff rates fixed by
said decision are Injurious TO the best
interests of the said respondent compa-
ny and the people of said state for the
reason that II carried out, will practical
ly result IN the confiscation of the aux
iliry and leased lines of said respond.
ent company, and prevent the cOnstruc-
tIon of new lines in the future through
portions of the state where such new
lines ought to be built.
Ninth-That by reason of the great
difference in the volume OF traffic, the
standard of tariff for transportation in
Illinois is not q fair criterion upon
which to base tariff scedule for the re-
spondent's company in the state of Kan
sas.
Tenth-That said decision 10y Its terms
seeks TO compel the the defendant COM
pany to fix rates over its own line and
Ihe Leo'en" u III, AOpeha ~ kSoutn"eSI-
ern company'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 Jan. 1884
The Atchison, Topeka Sc Santa Fe rail-
road company. BY A. A. RoBIosoN.
Its Gen'l. Supt. |
The hearing has been set 10 come off
Jan. ED.