The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-11
HE'LL SEE ABOUT IT.
Railroad Commissioner Walker Inyes-
tigates Complaints in Person.

A d. Walker and his stenographer.
z. S. Sinner, representing the state
board Of railroad commissioners, start
ed on trip over the Central Branch of
the Missouri Pacific today. the primary
object of which is to take the testimony
IN a couple of Central Branch COM
plants which have been pending before
the board for some time
One complaint is filed by the people
of Day, in Washington county. In 1873,
Clifton township, in which Day is locat-
ed. voted bonds as bonus to the rail
road company. The agreement was that
the Missouri Pacific should forever
maintain two stations in Clifton town
shin. one at Day and one at Clifton The
two stations were opened up ana main
tanned for nearly 80 years A few months
ago, the Missouri Pacific without warn
Ing. shut down the Day station, took
away its station agent, and announced
that the people of that locality would
have to go to Clifton or Palmer, each
about miles distant to buy their
tickets or bill their freight. The Day
people protested, but it did no good, an ia
so NJ. P. Roberts, the postmaster, ana ~
others, signed a remonstrance TO the
state board Of railroad commissioners.
In answer to the remonstrance, the
Missouri Pacific attorneys, Waggener'
Doster & Orr, filed an answer IN Wnlch
said defendant further says that it
fails to maintain a station agent and
operator at Day for the reason that
the freight and passenger fraHlc done
at said station and possible to be done
thereat has been and still continues to
be wholly inadequate to defray the ex-
nense o.. maintenance of an agent and
the keeping open of q station house and
station facilities at said place Said de-
fendant says that at the time OF the
establishment of said station Of Day 1t
was thought that sufficient amount
of railroad traffic and travel might ex-
ist or arise to justify the establishment
of station facilities, but the traffic has
proven to be entirely Inadequate to JUS
tifv the continuation of an agent. Al
though 1t has discontinued the mainten-
anee of an agent and oper ator. it still
maintains at a loss to itself, all the IA
cilities for the transa ction of business
which villages such as Day are afford
ed.
IF any such contract as alleged by
the plaintiff was entered into, it was
made by and between this defendants
lessor and the people of said township
and not between the defendant and any
of the compliments herein; wherefore
the honorable board IS without juris-
diction to enforce as against this de-
fendant any of the terms ana condl-
lions of any contract made with its les
sor. for the reason that the enforcement
of such contract devolves upon certain
courts of this state
Railroad Commissioner Walker may
be joined at Washington by Railroad
Commissioner Robson. and they will
take the testimony Of people at Day,
and look over the ground
The other complaint from Central
Branch town Is Muscotah. William
Dunkel, a miller there, wants the rail-
road to build a few rods of track so that
he can load wheat direct to the cars
from his elevator. and vice versa. The
railroad company alleges in its answer
that Dunkel hasn't any elevator; that
what he calls an elevator is disman-
tied -four mill and that Dunkel's object
in getting the sidetrack is to get n club
which he can hold over two other eie-
vator men located at Muscotah, and
compel them to buy him out. The rail-
road company claims that the two ele-
vatcrs already doing business are am
pie for the needs of the town.