Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1891-10-08
TIRED OF DELAY.

feels the weight of its contracts and OBJ |
legations with the people. The atten- |
ton of the public was first directed to |
the condition of the Kansas Central by |
the comm ission in its report to Gov. |
Humphrey in December, 1890. In the
report it was said: 1.-THE Kansas
Central is not in a proper con-
dition in our opinion for its
profitable operation for the safety
of the travelling public This
road, formerly S-foot gauge, has been
widened to a 4-foot 81 inches gauge
the present year. using the same rails,
switches and track fixtures.
Early the following spring the COM
mission. with officers of the company.
made a thorough inspection of the road
and submitted its report to General
Manager Clark on May Is. in which
was incorporated an order as to its re-
pairs. A brief history of the road was
given. The report cites the history of
the road. and says:
1t was constructed and put into operation
on the first fifty miles on its line in 1872. with
with the county of Leavenworth and munich
palities giving aid to 1t. to construct at least
one hundred miles per annum thereafter
until it's main line reached Denver. Col. and
branches anu 1ceQcrS 10 secure inc OuSiuOSS
naturally tributary to such a line In Kansas
In time it was extended to Miltonvaie. l6O
miles from its initial point OF construction
at the city OF LeavenwOrth. No effort or
promise seems to have been made to
construct the road beyond Its present
terminal, although required to do SO by the
terms of contract obligations which admit
of no misconstruction and evasion except
by deliberate default The road has passed
from management and ownership with
little apparent respect for corporation and
contract obligations to the state or the peO-
pie domicled on its line and depending up
on it the prime element OF development
and prosperity of the country tributary to
1t. 1t took possession of one of the best
portions of the state, second to none In its
range of possibilities and through neglect
of corporate obligations and forfeiture of
contract requirements has ia rly crucifed
the country to which it came with such CO.
pious promises and sacred pledges.
After reviewing the oft repeated
promises of the company to broaden its
road to the standard gauge and its final
consum nation of the work in a slip
shod and unsafe manner it concludes
by telling of its present condition and
ends as follows:
The commission cheerfully submits to the
public judgment and your own great knowl
edge OF corporate duties and obligations
that no railroad company in the year of 1891
can defend the management or protect
charter of a standard gauge railroad Oper-
atcd on track of thirty five pound iron
rails which have withstood nineteen years
of continued service. In view of this fact
the commission decided in the language OF
the law that sit is reasonable and expedient
in order to promote the security. convent
ence and accommodation OF the public'' and
ain order to comply with the terms of its
charter and the laws of the state" that the
Kansas Central railway be repaired by the
laying of new rails of standard pattern and
Inc, hon do To
the lineal yard.
No attention whatever was paid to
the report and order and June a tele.
gram was sent to Mr.. Clark asking
what his purposes were. This was
also ignored. A few days after this a
train was plunged in ditch and the
engineer and fireman killed.
After some further correspondence
with the company the commission
stated plainly its final decision:
The commission in view of the facts pre-
scented both as to the lateness of the season
and the admitted financial distress of the
company consents to a modification of the
order to the GLOWING extent. viz: That the
company use material such as has been de-
scribed, if on inspection it Is as represented
VIII CHI is not doubted: that the company
complete the change of rails by use of such
mat erial or new as prescribed in the original
order from the city of Leavenworth to
CARR on station on or before December 81,
1891, leaving the line west OF CARR
son to be completed in like man
ner during the year following, this last con-
cession being made because of the better
condition of the track and less patronage on
that portion of the line west of Garrison.
This modification of the original order is
made upon the express condition that it is
formally accepted by the company on or be-
fore September Is. 1891. at which date the
company failing to accept the original order
tcfo r,d fto vhol tor I'M fro
ver>y will be at once remanded to the gov
ernor in whom is vested the supreme exec
utive power of the state and who shall see
that the laws are faithfully executed.
The correspondence was finally
closed by the commission Wednesday,
when they sent the following telegram
to Mr.. Clark:
2sth in the matter of the Kansas Central
railway, we have receded from the order as
requested by your president and unsus-
tanned by any valid reasons. The fact that
the road is not earning its expenses
is clealy the fault of the manage
| ment. not the people. 1t has not
been maintained In a condition to meet the
demands Of the business public obliga-
tons Nor is the financial distress of
your company valid excuse for a contin
ued operation of the road at the peril Of
human life and your continued refusal to
put it in condition for safe and prOfita BILE
operation. Since the ,nSaS Central has
been in the ownership OF the Union Pacific
it has been neglected until such of its right
full business has been driven TO other lines
at the and loss of the people,
whilst you have found means to con-
struct new roads paralieliny your own
and competing lin. S through territory with
out visible means to support them when
built The commission must now relieve it.
self of the painful responsibility it has SO
long borne during its earnest and protracted
efforts to secure action, which is now for
mally refused by you at the end of all posi-
bic DELAY. and you are advised that the whole
matter h Is been p!acet in the hands of the
and action.