The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-19
REPAIRS ORDERED.
Court Commands Missouri Pacific to
Repair Central Branch.

Judge Silas Porter of the supreme
court on Friday afternoon granted an
alternative writ of InandamuS against
the Missouri Pacific railroad company,
to compel that company to at once re-
pair that portion of its line known as
the Central Branch from Lenora to
Downs. The answer day is set for Sep
TENDER 16.
The mandamus suit is started in the
name of the state of Kansas, on the
relation of Carr Taylor, attorney for
the state board of railroad commits
SiOners. The suit was ready to be filed
Friday morning, but it happened that
all the members of the supreme court
were out of town. It is supposed that
there shall be no time when at least
one member of the court is not avail
able for granting writs of this kind,
but it appears that the court was
caught mapping for once.
The writ says in part, that upon
the 9th day of February, 1905, one
L. D. Leroy, a resident of Downs,
within the state of Kansas, filed with
said board of railroad commissioners
an informal complaint in which he
alleged that the defendants line of
railway between the cities of Downs,
KaS., and LenOra, KaS., and within the
jurisdiction of said board, was in bad
repair and in dangerous condition,
because of broken rails, and praying
that said board take some action to
cause said railroad company to repair
said track and put it in a safe and
suitable condition for the use of the
public; that the said defendant, the
Missouri Pacific Railway company,
was duly notified of said complaint,
and that afterwards, upon due notice
to the said defendant railway COM
pany. the said board of railroad COM
missioners, for the purpose of inVesti-
eating said complaint, met with the
representatives of said defendant rail-
way company, on the 18th day of
said representatives of defendant,
made a careful inspection of said line
of railway from said city of Downs
to said city of Lenora; and that there
after upon the 21st day of March, 1905,
said board, upon the evidence, found
the allegations of said complaint to be
true, and issued the order to the said
Missouri Pacific Railway company fol-
lowing, to wit:
IN the matter of the inspection of
the Missouri Pacific railway between
Downs and Lenora, Kas.; finding and
order of the board: On Wednesday,
March IS 1905, upon due notice to
all interested parties, the board made
an inspection of the Missouri Pacific
railway running between Downs and
Lenora, and, having fully informed
itself in the premises finds that the
alleged bad ties and bridges were in
fairly good condition, but that the
rails were in a bad condition, many
being broken, battered and Eyorn,
having been light rails to start with.
1t is therefore ordered by the board
that the Missouri Pacific Railway
company replace all broken ties with
new ones and that all rails that are
| broken, battered or worn to such an
extent as to be unsafe be replaced with
good rails; said work to be COM
pleted on or before August l.,
Now, therefore, this is to command
you, the Missouri Pacific Railway
company, Immediately upon the re-
ceipt of this writ, to make the repairs
upon your line of railway commonly
known as the Central Branch, between
the cities of Downs and Lenora, with
in the state of Kansas, as set forth in
the order made by the board of rail-
road commissioners of the state of
Kansas. as set out in paragraph No. 2;
or in default thereof, on or before the
18th day of September, 1905, show to
the supreme court of the state of Kan
sas, at its court room, in the city of
Topeka, in the state of Kansas, cause
why you should not do so; and that
you then and there return this writ,
with your certificate of having done
as herein commanded