The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-06
HITS AT THE BOARD.
Missouri Pacific Asks Court to InvaH-
date Orders.

Waggener. Doster & Orr as attorneys
for the Missouri Pacific Railway conf
pany this morning filed four suits SINH
lar in nature naming the board Of rail-
way commissioners OF Kansas as the de-
fendant In the first petition it is sta
ted that on the 18th day Ct dune. 1906
the board Of railway commissioners
heard the complaint of E. r. zutchin-
son and others to the effect that the
business transacted at the station of
Amiot warranted the maintaining Of an
agent and an open depot at the station
named in the complaint.
On the 31st day of July after having
heard the evidence in the case the board
OF railroad commissioners found that
the amount of freight and passenger
business at and tributary to Arniot war
rant and the public necessities Of that
vicinity demand that the railway COM
pany reopen its depot at the point
specified and install and maintain All
agent thereat. An order to this eff
feet being made at this time.
The answer of the railway company
filed with the district clerk states that,
THE business in freight and passenger
traffic done at Amoit and possible to
be done thereat has been and still con-
tinues to be wholly inadequate to de-
fray the expenses Of an agent and sta
ton facilities and that the maintain,
ing of such would be substantial loss
to the plaintiff"
The railway company contends that
AmiOt is a rural community and not a
town at all and as no store or mechan-
zeal shops exist there that they have
no right to expect that a depot will
be maintained by the railroad COM
pany. Besides this there is the town
of Waverly, seven miles west Of Amoit,
where a depot is maintained for the
benefit of the patrons of the road, and
that three and One-half miles east of
the point in dispute there is another
cto fr~, oil Cd EIcr is rrrHn
may be transacted with the company's
agents.
The further contention is made by
the attorneys for the railroad that the
order of the board of railway commits
sioners is unjust, unreasonable and in
equitabl and should not have been
made nor allowed to stand. They fur
Their claim that to maintain a station
compel them to operate that portion
Of their road at a loss to the com
pany.
Judge Dana is asked Ito set aside
the order of the board of railway COM
missiOners directing and commanding
the railway company to install and
maintain an agent and station at
Amoit and also for Judgment for the
costs of the action which has been
brought against the company
The second case is almost exactly the
same case as the first one with the ex-
ception that it is the station of Arnold
that the board has ordered opened not
withstanding the fact that there are
towns where stations are operated six
miles on each side of the town of
Arnold.
The third order of the board COM
mands the railway company to operate
a station at a place called Day and
keep an agent there Notwithstanding
the fact that there is town with such
facilities called Clifton about four miles
west of the town of Day and another
called Palmer four miles east of it.
The fourth petition fled by the rail-
way company contains exactly the same
wording as the ones previously fled
with the exception that it Is a place
called Fremont that wants the faeili-
ties Of a station even though the town
of Marquette Is but three miles west and
has a depot and facilities for conducting
the business of the company Six miles
east of the point where the board of
railway commissioners have ordered a
depot to be located is the city Of Linds-
borg where there are ample facilities for
the handling of the business of the COM
munity tributary to Fremont
The same relief is prayed for by the
attorneys for the railroad attorneys in
each case and they ask that the costs of
the four actions be charged to the rail-
road commissioners who are RESPONSE
Bile for the bringing of the actions.