The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-16
FL Dorado Appeals to the Rail-
way Commissioners.
Want Board to Make Missouri
Pacific Behave.
MOVING TERMINALS.
Made a Contract With the Town
of Ell Dorado.
Accepted Both Money and Land
to Locate Them There.

ElDorado. the county seat of Butler
county, which has asked the state
board of railroad commissioners to or
der the Missouri Pacific to cease NOV
ing its terminals away from that town.
will in all probability have to bring
suit in the courts against the Missouri
Pacific, as the railroad commissioners
will in all probability be advised by
their attorney and the attorney general
to keep their hands off the controversy.
The matter is still in the hands of
Attorney Carr Taylor and Attorney
General Coleman, but it can be stated
on good authority that the two attor-
neys will recommend that the commits
sioners advise ElDorado to air their
troubles in court.
1t looks as though ElDorado had a
good case. The facts seem to be that
in 1887. the st. Louis. Fort Scott &
Wichita, of which J. H. Richards. now
the Missouri Pacific general attorney,
was receiver, entered into a contract
with the city of ElDorado, by which
ElDorado agreed to give the company
a location for its roundhouse, oil house,
carpenter shop, blacksmith shop, and
other shops necessary for the division
terminals, as well as $4,000 in cash,
provided the railroad would locate in
ElDorado forever the division termi-
AACOCSSob4J
do the usual terminal work.
ElDorado went ahead and dis
charged its part of the contract, and
the terminals were located as provided
men were employed in the shops, and
made EIDorado their home.
Later on. the Missouri Pacific alb
sorbed the st. Louis, Fort Scott 8
Wichita and Richards became the Mis-
souri, Pacific attorney for that part Of
the state.
The people of ElDorado now claim
that the Missouri Pacific is gradually
that within the past six months fifty
men have been transferred from Ell
Dorado to Wichita and other points.
Sec. 1915 of the general statutes
says concerning contracts of this
nature:
1T shall be the duty of any railroad
company or companies which hereto
fore have received aid from any coun-
| ty, township or city, or which shall
hereafter receive such aid in the con-
struction of the road of such company
or companies, and the duty of any and
| all railroad companies composed in
part by consolidation or otherwise OF
such railroad company or companies
having received such aid, in the man
ner and with all the facilities which
was or shall receive aid, as a consid-
Grafton in whole or part for such aid
and every railroad company which
shall fail or refuse to keep and per-
form any promise or contract SO I1aQS
to induce any city to extend such aid.
shall be liable for the penalties pro-
vided in Sec. 2 Of this act
Sec. 2 provides that whenever such
contract is broken, the mayor shall
serve notice on the railroad company
demanding the performance of the
provisions of the contract, and that un-
| less the company complies, it shall be
liable to pay a penalty of rs per cent
! of the total aid extended for each SO
days which it fails to comply with the
contract. This would make it cost the
Missouri Pacific $4,000 a month If it
/ fails to live up to it's contract with the
city of Ell Dorado. At this rate, the
city of Ell Dorado could probably af-
ford to let the Missouri Pacific take it's
terminals and go.
But it seems that the Ell Dorado
people got off on the wrong foot when
they came to the state board of rail-
road commissioners for help. The
state board will probably take the
position that the law specifically pro-
vides the penalty for the violation OF
such a contract as Ell Dorado has with
the Missouri Pacific, and that it would
be entirely out of place for the board
| to try, by an order, to compel the
company to be good and obey its con-
| tract.
A copy of the contract is set forth in
the petition to the state board, and IL
Ell Dorado has as good a case as il
seems to have, it ought to ask for
nothing better than an opportunity to
get its case before a court