The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-21
ARE TOO SLOW.
Missouri Pacific Officials Worry
Kansas Board.
In No Hurry to Comply With
Orders.
APPEAL TO COURTS.
TO COURTS.
No Depot Built at Chfcopee as
Ordered.
Little Hope of Improving Gen.
trail Branch Soon.

Close on the heels of the nandamus
suit to compel the Missouri Pacific to
repair and make safe the Central
Branch tracks from Lenora to Downs.
it is likely that the board of railroad
commissioners will be obliged to COM
mence another mandamus suit to COM
pei the Missouri Pacific to obey the or
der of the board and build a depot at
Chicopee.
Chicopee Is a little town in Crawford
county, a few miles from Pittsburx.
The town claimed that its business JUS
titled the maintenance of a depot. and
the railroad company refused to put one
in. The town appealed to the railroad
board, and the board, after an investi-
cation, decided that the town should
have the depot. The order was issued
several months ago. Nothing has been
done yet.
The general attitude of the Missouri
Pacific seems to be to avoid doing what
ever the railroad board tells it to do,
if such a course Is possible. It seems
that about the only way the board can
secure obedience from this road is to
| bring action in the courts.
Carr Taylor, attorney for the railroad
commissioners, says: IT have no fault
| to find with the legal representatives of
L
| their part Of the work promptly, and
seem inclined to hurry up matters as
| much as it lies in their power SO to do.
But the executive and operating part Of
| the road is at fault It drags, draKs
dragS, and never seems to get around to
| do what it is obliged to do. I don't see
why the road has adopted this policy.
1t seems to me it is bound to be detri-
| mental to the road in the end. If we
have to bring a mandamus suit every
| time we want anything done, it will not
look well for this road before the pub
| lie. Take it in the case of that Central
/ Branch. The track was in a dangerous
/ condition, and the company should have
made it right without any suggestion on
our part. We issued the order, and it
| was neglected. Then we secured the
writ of mandamus, which simply adver-
tises to the world that the Central
Branch is unsafe for traffic. The COM
pany claims it could not get steel I
say that the company could have put q
tcrew of men at work with couple OF
carloads of steel and a few carloads of
ties, and in two weeks put the Central
Branch into condition of temporary
safety. There is no excuse for such de-
lay. The Missouri Pacific is making
good money here in Kansas. Its gross
receipts per mile of road operated is
over 81, 900 per year, and its net receipts
about 81, 800. There is no excuse for
allowing a portion of its line to get into
such condition.
but if the company would obey our
orders promptly it would not be so bad.
The Chicopee depot is simply another
instance, and mandamus suit will
probably have to be brought to bring
the company to time with that job"
The Missouri Pacific is the road which
is much interested in the fight on the
law passed. by the last legislature to
compel railroad companies to build side
tracks to independent elevators, and it
is apparently doing its utmost to defeat
the operation of this law. OF course
there are some other roads interested i'll
this fight and the policy of obstruction
is general No sidewalks have SO far
been built, and several cases involving
the law are pending before the board.
H 7 Rickenbrode, of MedOra has no
titled the board that the Rock Island
has failed to put in the switch at Me-
dora which the board ordered on July
49, Mr. Rickenbrode is interested in a
grain elevator at that place, and says
that owing to the fact that the Rock
. Island has failed to put in the siding,
the farmers have not been bringing
their grain to Medora, but have been
taking it to other neighboring towns. 1t
is possible that the board will have to
take some action in the courts to en-
force the order concerning the Medora
siding.
Generally speaking, the railroads of
; the state comply quite promptly to the
demands of the railroad commissioners.
There is very little trouble in enforcing
| orders even when the railroads believe
| the orders are wrong Not long ago. the
Santa Fe made a hard fight against the
| location of an agent at a certain point,
but complied when the board ordered
that the agent be placed there. It no
tilted the board that 1t would keep track
! of the business originating at that point
and expected later on to show to the
board that the move had not been pro-