The Globe-republican., 1893-12-29
W. C. SHINN, Manager.
FRIDAY, DECEMBER 30, 1898.
The u. G.. M. j. T. Decision.


Last Tuesday the clerk of the district
court received notice of decision on
the Injunction suit of Ford county and
also that of Fairview township. against
the D. C. NJ. s. T. railway company.
This is a case in which the entire peo'
pie of The county are deeply interested.
1t not only involves the prosperity OF
that part of the county through which it
runs by depriving farmers of facilities
for transporting their wheat to market,
but also the further question as to
whether Fairview township which voted
bonds for the sake of having the road
built, shall have absolutely nothing in
return for the SI3 900 of bonds so voted
The above decision of Judge Abbott,
if sustained, not only deprives the Fair
view taxpayers of any return for their
$4,000 bonds in the way OfrailrOad ia
cilites, but would enable the railway
company to remove from the township
the very property which it was contem-
plated they should have to collect taxes
from and raise revenue to meet these
bonds.
1t is true the township received stock
in the company in return for their bonds,
but it has for years been the custom Of
railroads soliciting municipal aid to so
arrange matters that the stock given for
such aid has no market value and will
not pay dividends. In view of this fact
the legislature of Kansas has very wise
ly enacted a statute providing that the
owners of railroads which have been
aided by such municipal subscriptions
may be compelled to maintain and OPP
crate said roads.
This statute thus gives municipality
which votes bonds a special interest in
the property. aside from that represent
ed by their stock, or the rights of the
people of the state generally in public
highways, and it was upon this plea that
Fairview township enjoined the remOv.
al of the ID. c. NJ. & L. railway.
The people of Fairxiew township have
patiently refrained from enforcing the
statute as to operating the road out of
sympathy for the company, because it
has not yet been built far enough to
make it pay operating expenses. All
they asked was that their surplus wheat
be hauled out to market after harvest,
until such time as the road shall be con-
structed to its destination in the coal
fields at Trinidad.
Their very leuient demands have thus
far been complied with, and there is no
reason to doubt they will be hereafter
providing the road is not torn up.
Judge Abbott says, however, by his
decision, that he will not interfere with
tearing up the road and taking the rails
and ties away, simply because the town.
ship has not commenced a mandamus
proceeding to compel the road to oper-
ate. In other words. because of their
leniency in not requiring service, except
when there is enough freight to pay ex-
penses of running it, Judge Abbott will
not protect them against having it torn
up and taken out of the country.
Judge Abbott may be conscientious in |
making this decision, and we hope fu-
ture developments will show that he de-
sires to give the farmers a fair deal in
this matter
We are informed that notice of appeal
has been served, and time set for per-
fectins the same. 1t is certainly in the
discretion of the court to restrain the
road from being torn up pending prepa-
ration Of said appeal. The people have
given their bonds for the sake of having
the road run through there, and they
want what they bargained for. They
have not asked for the return of their
bonds, and could not get them or their
equivalent if they did, even though the
railroad should file bond in accordance
with Judge kbbott's decree.
The people of Dodge City and Ford
county are becoming aroused over this
matter. When this road was built a
Nph AtSS was LU1ut uO
among our people. amounting to several
thousand dollars, and given to the build
ers as bonus. Therefore our citizens
have right to be partizan in the con-
troversy now pending. Judge Abbott
has heretofore been held in high esteem
by them. They do net ask that he yio- {
late his own convictions aud interpre-
tation OF the law in this or any other I
case, but they do feel that in Justice.
equity and fairness he ought to use such {
means as are necessary to protect the I
rights of the plaintiff in statu quo until
the matter can be placed under the iu.
risdiction of the supreme court. /;
Section SCI. article y, chapter 50. ,
general statutes Of Kansas, reads as fol- :
lows:
sSIh0f vxlnoen