Omaha daily bee., 1889-10-09
They Want An Elevator.

The officers and mern pers of the Elmwood
Farmers alliance, No 365, of Elmwood, Cass
county, Nebraska, filed with the secretaries
of the board of transportation to-day n com
plant against tho Missouri Pacific railway
company, asking for elevator privileges AT
that station. The complaint is as follows:
Before the Nebraska state board of trans
portation: The Elmwood Farmers AL
lance VS. The Missouri Pacific Railway
Company. 10 the honorable, the board of
transportation:
The petition aud complaint of John W.
Hollenbeck, Cyrelius Lemasters, John Mil.
lar, John Hays, Charles Hail. ct al, trading
under the name OF the Elmwood Farmers
alliance, No 365, of Eimwood, Cass county,
Nebraska, respectfully represent:
l. That the petitioners and complainants
are now and have for many years oeen ex-
tensivc raisers of coru, wheat, oats and other
cereals: and that large quantities OF said
cereals have been marketed in seasons past,
and that large quantities are now ready for
the markets; tnau the several farms and
leaseholdS OF the petitioners are situated
near Elmwood in Cass county, Nebraska,
2. hat the Missouri Pacific railway COM
pany Is common carrier, engaged in the
transportation OF passengers ana property by
railroad under common central manage
menJ or arrangement tor continuous car
rlage or shipment through Elmwood afore.
said.
3. That the said defendant railroad COM
pauy is the owner of the right of way and
depot grounds bordering the main and side
tracks of the defendant company, upon which
are located the station house and other ship
ping facilities connected with the transporta-
ton originating at or destined to Elmwood
station aforesaid. That the complainants
aforesaid did make a written application to
the general manager of the defendant coul-
paHy for II location on the right of way at
lmwood STATION for the erection of an ele-
vator OF sufficient capacity to store from time
to time the cereal products of the farms and
leaseholds of complainants, as well as the
products of other neighDorlng farms; that
the application aforesaid was refused by the
general manager of the defendant company.
4. That the elevators now located on the
right of way of the defendants aforesaid at
EimWOOd are, during certain seasons of the
year, wholly insufficient in affordidg mar
ket for the cereals of the ComplainantS aud
others desirous OF marketing their grain.
s. y hat the refusal of the defendant rail
road company to lease a location for an ele-
vator as aforesaid is i'll contravention of the
provisions OF an act of The legislature en-
titled IAN act to regulate railroads, prevent
unjust determinations etc, approved
March 81 1887 in that:
The said refusal is an unjust discrimina-
| ton.
The sand Missouri Pacific railway company
| by tho refusal aforesaid is subiecting the
complainants aforesaid to an undue aud un-
| reasonable prejudice and disadvantage Ia re-
spect to traffic facilities over other localities.
| The said Missouri Pacific railway company
| by the refusal aforesaid Is giving an undue
! and unreasonable preference and advantage
| to Adams. Gilbers Il Eells Bros, owHers of
| the elevators located at Eimwood on the
right-of-way of the defendant by permission
| of the said Missouri Pacific railway com
pany.
! Wherefore the petitioners pray that the
| defendants may be required to answer the
| charges herein, ana that after due hearing
and investigation an order be made com
| mauding the defendant to cease and desist
! from said violations of the act of the legsla-
| ture entitled "An act to regulate railroads, -
| etc, and Tor such other and. furthers order
| as the board of transportation may deem nee
essary in the premises.
Elmwood Farmers Alliance No. 365
BY j. w. HoLLENBECK, President.
Attest: CYRENIUS LEMAsTERs, Secretary.