The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-18
AT LAST, AT LAST
Central Branch Is Now Being
Repaired.
Missouri Pacific Officially An
n0unces the Fact.
IT WANTS TO BE GOOD.
Company Doesn't Want to Be
ObstreperOus.
just Couldn't Get the New
Rails Fnv. Rnod
IT WANTS TO BE GOOD.

1t seems that the mandamus suit
commenced by Carr Taylor, attorney
for the state board of railroad COM
missioners, to compel the Missouri Pa
cific to hasten the reconstruction of
the Central Branch road, is getting in
it's work.
Today the Missouri Pacific fled it's
answer to the suit in the supreme
court, which contains the following
declaration:
Defendant says that at this time,
towit. September 18, 1905, it has a
force of about seventy laborers en-
gagged and at work on the repair of it's
track, as required by the order of the
honorable board OF railroad commits
sionerS, and has commenced to lay
new ties and steel rail as fast as the
same can be received. and that it in
tends to diligently and to the extent of
its ability, prosecute to completion the
work thus begun in compliance with
the aforesaid Order.'' =
The Central Branch has for a long
time been in bad shape, and the(con-
dition was getting worse so fast that
the people who had to travel on the
line were getting mad about it. Final
ly the travelling men took the matter
up, and notified the board that the line
was in such shape that it was exceed
ingly dangerous to traffic, and that on
a recent trip the conductor and en-
R1nGer hdQ seventeen SLOW OEQOrS lOT
dangerous places in the track.
In explaining the reasons for its de-
lay in starting the work of recon-
struction, as ordered by the board OF
railroad commissioners. the Missouri
Pacific attorneys say in their answer
to the mandamus suit:
said defendant says that it has
never been its intention, wilfully and
without just excuse, to disobey the
command of said board of railroad
commissioners, but that it has all the
time held itself amenable to said order
and has all the time since the making
thereof intended to comply herewith
said defendant further says that a
pany with which it had contracted for
steel rails to enable it to repair its
track as required by said order, was
unable within the time limited in its
contract therefor to furnish defendant
with the necessary rails and other iron
material; wherefore it was compelled
to extend further time to said com
pany and not until on or about the
fendant been able to obtain from the
aforesaid iron works company the
steel rails required by its contract.
Defendant says that in additlon 10
it's inability to procure steel rails by it
REQUIRED in it's contract as aforesaid,
the Iaborers who had been engaged by
it for the performance of the required
work of putting its track in condition
to comply with the order for the re-
pair thereof, on tffeeeoming of the har-
vest season of 1905 failed and refused
to comply with their engagements, and
abandoned the service of the company
for work in the harvest fields. so that
not until the present month, towit, Sep
tember, has it been able to engage and
assemble on the ground where the re-
uuired work has to be performed, the
necessary force of laborers for its per-
formance.
Defendant prays that no peremp-
tory writ be issued against it in this
CASE