The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-12-10
TEARING UP TRACK
JUDGE FOSTER SENDS AN ORDER
TO RECEIVER M'BNTIRE
Track of Wichita aud Western Road West
ofsIratt to be Torn up and Sold to Best
Advantage Six Depots and Many
Bridges Will Also be Disposed of-The
Remainder OF the Road to be Put in
Elegant Shape - Work Will Begin in
About Ten Days-What the Receiver
has to Say.

Yesterday Receiver McEntire Of the
der of court from Federal Judge Foster
authorizing him to tear up forty miles OF
track between Pratt and Mullinville. Mr..
McEntire will proceed to the work in
about ten days. Several men will be en-
ployed on the work.
In speaking with a reporter last night
Mr.. McEntire said that there were 1900
tons of iron in the track to be torn up
and an immense amount of timber in the
bridges, culverts and depots. There are
six depots to be torn down.
''Wfat are you going to do with the
materiai?'
Il am going to use it on the remainder
of the track. 1 will have the best road
bed in the west when / get through.
Whatever material is left after i7nprov-
ing the track from here to Pratt will be
sold. / believe that with this change the
Wichita and Western will be on a pay
ing basis. The tearing up of that forty
miles Of track will not inconvenience the
public in the least, as the Rock Island
road parallels that portion of our road
which will be torn up
The following is the order of the court
in full:
In the Circuit Court Of the United States,
District of Kansas First Division.
Boston Safe Deposit and Trust company,
Complainant,
VS..
The Wichita and Western Railway COM
pany, Defendant
Consolidated cases Nos. 71S8-71S9
In the matter of the petition of Joseph
H. McEutire, Receiver, filed Dec g. 1896,
Jr1c 1ati
of taxes; and in the matter Of the petit
ton of Joseph H. McEntire, Receiver,
filed Aug. IA, 1886, for instructions to
take up and sell the material in the line
OF road west of Pratt, Kansas.
ORDER.
The petition of Joseph NJ. McEntire as
receiver of the assets of the Wichita and
Western Railway company. involved In
the foregoing suits, for instructions con-
corning payment of taxes due to the vari-
Gus counties, coming on to be heard this
sth day. of December. 1896; and the petit
ton Of said receiver filed Aug. II. 1896,
for instructions TO take up and sell that
part OF the line of railroad west of Pratt,
Kansas, in the hands of said receiver,
paralleled by the Chicago, Rock Island
and Pacific railway, together with the
report of Special Master w. c. Perry
concerning the matters and facts alleged
in said petition together with the objec-
tons and exceptions to said report made
before said special master by the county
commissioners of Pratt county, Kansas,
through B. D. Crawford, County Attor-
Eey of said Pratt county, together with
the objections and exceptions filed n
said cause by the county commissioners
of ki0wa county, through Z. a. Fisher,
County Attorney of Kiowa county, Kan
eas, together with the stipulation filed in
this suit by the complainant, withdraw
ing any objections and consenting to any
order the court may make in the
premises, together with the application
OF the defendant filed in this cause,
praying that the prayer of said receiver
be granted, having been heard and con-
sidered by the court, it is by the court
found:
That the report of said Special Master
ought to be adopted by the court, and is
hereby adopted and found to be true as
to each ana every fact found by the said
Special master, and the said findings Of
facts is hereby made part of the find
ings of facts Of the court in the premises.
And it is further found by the court
that that portion of the line of the Wich-
tia and Western Railway company's rail-
road west of Pratt, Kansas, is OF no pub
lie use, and can never be made of public
use; that it is for the best interests of
the trust in the hands of said Receiver
and of the general public to use the cap!-
tai invested in the super-structure OF the
portion of said railway west Of Pratt,
Kansas, in such a way that IL may be
possible TO operate that portion of said
line of railway between Kingman and
Pratt, and in making a connection with
the Chicago, Rock Island and Pacific
railway at or near Pratt TO facilitate
business west of Pratt; that under the
present and prospective conditions of
along the line of the Wichita and West
ern railway said Receiver cannot borrow
more money with which to cover the con-
stantly increasing deficit in the opera
ton of said railway; and that no funds
can ever be secured with which 10 oper-
ate that portion of the line west of Pratt
That the said portion of said railway
never can be operated. and unless taken
I'D will go to waste, and that there is al
ready a permanent deficit in the opera
ton OF said railroad by said Receiver,
which never can be retired except by
taking up and selling portions of the ma
terial in the useless portion or SAID rail-
road. That there are no ways and means
of paying the taxes in Pratt and kiowa
counties for the year 1896, except por-
tiens Of said line of railway in said coun-