The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-06
TO KNOCK IT OUT.
Railroads Open Fight on State
Drainage Law.
Action Commenced in Supreme
Court Today.
is FROM WYANDOTTE.
Commissioners There Have
Made Some Unpleasant Orders.
Claimed They Are Interfering
With the Bridges.
Is FROM WYANDOTTE.

Quo warranto proceedings, backed ap-
parently by the Missouri Pacific and
other railroads, We're filed this morning
in the supreme court for the purpose of
testing the velidity of the state drain
age law passed by the last session of
the Legislature, under authority of
which dilzes are being built in the Kaw
valley to protect the country from i'll
undation by floods.
Simultaneous with this legal action,
the Missouri Pacific attorneys set two
of their private clerks at work in the
office of the state auditor copying the
government surveyors field notes for all
that portion of the Kansas river from
Lawrence to Kansas City, the object be-
ing to ascertain exactly the original
limits of the stream.
While nominally brought in the name
of the state by James S. Gibson, county
attorney of Wyandotte county, the pa
pers were filed by Judge Frank Doster,
attorney for the Missouri Pacific. 1t is
hinted that all of the railroads center
ing at Kansas City. Kan, are interest
ed in having the law declared invalid.
The applicants for the writ ask that
the offices of P. J. Manahan. W. H.
Daniels, J. o. Miner, l.. ]. GILES and
Fred Meyn, directors of the Kaw Valley
Drainage district comprising the larger
portion of Wyandotte county, be ousted
from Office, and enjoined from attempt
ing to act under the provisions of the
1905 drainage law. al~1
The railroads are fighting the drain
age law because the directors of the
drainage district are trying to compel
them to cut out some of their embank-
ments which obstruct the channel of
the stream. When the drainage law
was up before the legislature for pas
sage, the railroad attorneys made a
n IA
ing some amendments made for the
purpose of letting the railroads out
more easily. The petition filed today
charges that the directors of the drain
age district "have interfered with the
maintenance and construction of GER
tain bridges for highway travel in said
county. and have refused to divers and
sundry residents of said county permfs-
sion to throw refuse into the streams
therein, and have made charges against
other residents for the privilege of eX-
cavating for and removing sand from
the beds of said streams. and have
levied and imposed taxes and assess
ments on the property of divers of the
citizens and taxpayers of said county.
The levying and imposing of taxes
to pay for the dikes which Kansas
City is trying to build for its protec-
ton seems to be one of the things to
which the railroad companies object
They seem to think that the new law
gives them the worst of it, and re-
QulfeS Lnem TO 90 more lHdn their
part.
The reasons alleged for the granting
of the writ are set forth as follows in
the petition:
said plaintiff says that said above
entitled act of the legislature is un-
constitutional and void in this, that it
| limits the persons qualified to vote at
all elections held in said pretended
drainage districts to the taxpayers over
the age of 1 years residing therein, in
| Guiding women, and refuses to allow
! all the qualified electors residing in
said districts to participate in said
| elections and to vote for the officers of
| said districts and is further unconsti-
| tutional and void in this, that it limits
| the persons qualified to hold the offices
! of directors of said drainage districts
| to freeholders resident therein.
"Said plaintiff further says that all
| of said defendants derive their pre-
| tended authority from an election held
/ in said pretended district at which all
| qualified electors residing therein other
! than taxpayers were excluded from
voting and at which all persons other
| than freeholders were excluded from a
| candidacy for said offices.
Therefore said plaintiff prays that
said defendants and each of them be
| ousted from the exercise of their pre-
tended offices, and enjoined from fur
| ther assuming to exercise any official
| duties within such drainage district