The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1886-11-11
TIE JOURNAL.
THuRspAY. SOY. u. -.
s on s1sl EssoS g sYEsps On. p

" II -
the part OF the citizens Of Gypsum
CITY aud vicinity, Ia Saline county
requesting the interposilion % ths
board fer the location &c that point d
= station and the construction u guita
bic and necessary station facilities
necessary. a. is alleged, for the ae
eommodalion Of the public and ths
fransaetiou Of the burinese at tha'
place. The board also received 3 re
m0nsfranes agalnst the grautinS 81
the petition from citizens and others
interested in the town Of Chicn In the
same county.
The petition was duly referred %
the respondent company, who ad-
/ sised the board that the views Of the
o. tifiOners ~ 10 the necessity and pro
rriety Of esfablishing station a. Gyp
sun City were not entertained By Il.
The board thereupon gave notice that
the matter would be investigated on
the ground from whence the com
plant came, on August u, 1886, a.
which time the board went 10 Gyp-
sum City, aud took such evidence A.
was there offered or seemed available.
Subsequently the company, By Its
attorney, asked for time and al Op-
portunity IN which to present counter
| evidence to that offered by the peti-
tiOners, snd thirty days from August
. was given for that purpose, and
further time was given beyond that
dHte to enable the petitioners 20 bring
forward rebutting evidence. The evil
denee has become very vOluminOus
and quite conflicting, and is cOnsid-
Grafton. a. well 81 the intrinsic I'M
portanee Of the subject requiring our
decision, has called for careful
thought.
The sisuati0n seems TO De this
Gypsum City sud Chico Ere upon the
new railroad now being built by the
Missouri Pacific company, from
I Council Grove west, via Salina.
They are RAILROAD distaneel two and
One-half miles apart. There exis-
tence Is due 10 the building Of the
railroad Though laid out less than a
year ago very considerable progress
has been made In town building.
The depot was located aud built last
winter by the Company ~ Chico.
Yet, notwithstanding this advantage
in favor Of Chico, Gypsum City,
though tributary 10 the former place
fO- lis railroad facilities, has far out
stripped its rival In growth, growth
too, Of very substantial character,
founded upon present business and
reasonable future expectations. The
reasons for this, We think, are 10 be
found 10 the better geographical 10
cation of Gypsum, and the strong
feeling Of local hostility to Chico.
The railroad crosses Gypsum creek
valley al that point where Gypsum
City is located. From this point Il
runs enthusiastically to Salina.
The creek heads south and runs
/ through q fine valley, all under 3
high state Of cultivation. Probably
three. fOuTths Of the business and
trade coming to the railroad IN this
/ locality lies south Of Gypsum city. IL
isn't 10 be expected that either Chico
or Gypsum City would draw much
trade from the country north Of those
points, since lie natural trend would
he 10 Salina, the county seat. This
being the case the present location of
the depot az Chico cOmpels the great
er number of the farmers whose trade
is tributary 10 the railroad In that VI
entity 10 haul the heavy crops
through Gypsum city, three miles
further on by wagon roads. parallel to
the railroad 10 Chico, and - haul
their supplies Of lumber, coal, etc,
the same additional distance. This,
though an important consideration,
cannot in every case be held asa con-
trolling one.
This board has heretofore held that
as q rule, the railroad companies
should not be required 10 build and
maintain stations along their lines az
near together as stations at Chico and
Gypsum City would be, through an
agricultural country. Otherwise, the
expenses Of operating the road would
be unduly and unnecessarily In
creased. and further, by dividing a
comparatively small business between
two places Il would not psy 10 pro-
vide as ample facilities for handling
Il. IL must also be conceded that q
very considerable discretion must, In
the nature Of things, be left 10 q rail-
road company ia the location Of its
depots along q newly constructed
line; Ordinarially rival town company
would not be justified In locating
another town site and asking for sta
/ ton facilities within two or three
miles Of an established depot. Rail-
/ roads cannot be operated to advantage
nor can they be made TO efficiently
serve the public where stations are 30
near each other and stops frequent.
Business to be done economically
along a railroad line must be concern
/ trated at convenient distances. While
we regard this as q proper and safe
rule, IL cannot be inflexlbiy adhered
| 10 in all eases, but a strong case should
be done to Justify departure from It.
In this Gaze a considerable showing
was made 20 the effect that the people
had been led to expect the location of
a depot at Gypsum City, by promises
held out by agents Of the company
prior to voting the bond aid To the
road Aud while u is undOuh ed ) true
/ that expectations OF this character had
been held out 10 the people, they pro-
ceeded from no authorized OF respOn-
slble source, neither does Il appear
that the company or any authorized
agent had knowledge OF, or connived
/ at the creation Of hopes that proved
/ deceptive. Mr.. II. B. Merrill testifies
/ by affidavit that IN the latter part Of
/ November, 1885, and q few days prior
10 the voting Of the bond proposition
/ ia aid Of the road, Colonel A. S.
Everest, attorney OF the company,
aud then acting for IL In the estab-
/ fishing Of depOts, stations, etc, along
/ the line, authorized him 10 propose 20
John Kingman 10 las out eighty acres
I Of his land (the present location OF
Gypsum City, into a town site, and
give 10 the railway company an In
terest en- Il, IN which event the CON-
pany would locate its depot and
switch there, which proposition was
made 10 Mr.. kingman aud accepted
by him, and that such acceptance
was subsequently, made know q to Col.
| Everest. who stated THAT settles It. !"
But Col. Evarts denies that Mr.. Mer-
riil had any authority or Instructions
Of this kind from him. He further
states that he had no authority him
self 10 determine the locations Of de-
pots that his authority ended with
receiving propositions from parties
and reporting the same 70 the man.
agement Of the road.
Il appears from the evidence that
several weeks before the bond election
was held a proposition was made BY
authority OF Col. Everest 20 John
Kingnian, through his brother Free
man KiDgman, % lay out certain
portion Of bis land through which the
railruad was to run into q town site.
giving the railroad company right OF
way and certain interests In the town
providing the station was located
thereon, with q view Of submitting
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