The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-10-18
MAY TAKE THEM IN.
Railroad Board Assumes Jurisdiction
Over InterurBan Lines.


According to an important ruling Of
Carr Taylor, attorney for the state
board Of railroad commissioners, the
board of commissioners has, under the
new railroad law, jurisdiction over all
the interurban electric lines in the state
of Kansas.
Acting upon this opinion the railroad
commissioners have disregarded the
demurrer fled in the suit Of the Kan
sas City Outer Belt against the KAN
sas City-Leavenworth electric line for
crossing rights and assuming jurisdic-
ton in the case. went to Kansas City
today to take UP the hearing of the
case on its merits.
IF the interurban electric lines
think they are not within the jurisdic-
ton of the board says Mr.. Taylor, 1T
shows that their attorneys have failed
to read the provisions of the new rail-
road law. It was at one time the law
that the jurisdiction of the board was
limited to roads operated by steam,
but the new law contains new pro-
vision relating to the construction OF
the application of the act. There is no
doubt that the board has authority
over all common carriers with the ex-
cepion of street railways. The inter-
urban lines cannot maintain that they
are street railways.
It is likely that under this new law
the board of railroad commissioners
has authority over the Vinewood park
electric line which can hardly be
classed as a street railway. If the Vine
wood line should have a row about
crossing rights, as the Kansas city
roads are having, the board of railroad
commissioners might step in and set
tie the fight as they are doing in the
Kansas City matter.
There is still possibility, however,
that MI Taylor may be mistaken as
the section of the old law which limit
ed the authority of the railroad COM
n1issioners to steam cars is still on the
statute books and is repealed only by
implication of the later law. The old
section of the law says:
Said railroad commissioners shall
have general supervision of all rail-
roads operated by steam within the
state"
The law of 1906 takes up this same
proposition of jurisdiction and without
specifically repeating the old section
says:
construed to apply to and affect only
the transportation of passengers and
freight, express matter and cars be-
tween points within this state, by rail-
road and express companies and all
other common carriers. not including
street railway companies"
Mr.. Taylor holds that the old law
limiting the authority of the board to
steam railways is forever put out OF
business by the act of 1905.
The fight at Kansas City is really be-
tween the Orient railway and the KAN
sas City-LeavenWOrth line for the out
er Belt road is the name of the Orients
Kansas City terminal The Outer Bert
wants to cross the tracks of the cleo
trio line and the electric line refuses to
give the desired consent. The objec-
ton is on the ground that the company
does not want to stop its electric cars
at the crossing, as would be necessary,
as the grades are such that the crossing
is dangerous. The Outer Belt people
have proposed to pay part Of the cost
of making an overhead crossing, but
they want to keep on grade and let the
electric line take the overhead. The
proposition is not satisfactory to the
electric line
t,,5rd IF Tsiir6ad commissioners today
viii viii be at the site of the proposed
crossing, about five miles out from the
center Of Kansas City. Carr Taylor,
attorney for the board, accompanied
them and Ed Sinner, the official stem
ographer. went along to make report
Of the proceedings The attorneys d9F
80 t1e situation will be fully gone
into by the railroad commissioners