The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-15
National Soldiers Home Brings
Suits Against Railroads.
Seek to EnjOin Operation of
Trains Through Grounds.
MUCH DISTURBANCE.
Claimed That Old Soldiers Can't
Sleep at Night.
Throws Some Of Decrepit In
mates Into Spasms.
MUCH DISTURBANCE.
IT National home Coz Ga

NdllOudl nome Tor old
soldiers at Leavenworth
seeks a permanent Injunction
IN the United States circuit
court today against the Atchi-
son, Topeka & Santa Fe, Kan
sas City & Northwestern. Missouri
Pacific and Chicago Great Western
railroads to keep them from running
trains over the tracks which are sit
uated within close proximity to the
Home.
The Home controls and owns $40
acres south OF Leavenworth and the
tracks Of the railroads in question run
across the western portion OF the land
and within LOCO feet of the buildings,
barracks and hospitals of the Home.
In 1887 an agreement was entered
INTO between the Leavenworth &
Dlathe railroad. the Leavenworth.
Northern and Southern railroad and
the Home, permitting the two named
railroads to lay two lines OF track
across the land belonging to the Home
and to erect passenger and freight de-
pots.
II is claimed by the PLAINTIFF that
these railroads have been maintaining
freight and passenger traffice along
the two tracks greatly to the detri-
ment and annoyance of the inmates Of
the Home. The right of way and the
passenger depots We're to be kept up
and maintained in a satisfactory man
I-CA anu tlG painful states I0dL the
defendants were derelict in this parti-
cular. That they have left the depot
TO go into decay, rank grOWths of
weeds to spring up along the right of
way and the whole appearance is such
as to detract from the looks of the
grounds surrounding the Home is the
contention set up 1t is further con-
tende dthat the idea in granting per-
mission to build two tracks across the
land was for local traffic between the
points of Kansas City, Leaven worth
and Olathe only That this was
been violated by the railroads now US
ing the track in conducting transcon-
tinental business.
The petition for an injunction re-
cites:
And your orator shows unto your
honors that the use as aforesaid by
said defendant railway companies Of
said tracks defeats and is subversive
of the sacred purposes of the congress
OF the United States in the creation of
said home as a resting place and asy-
lum for the aged, decrepit, diseased and
disabled volunteer soldiers of the Uni
ted States.
Your orator further shows unto your
honors that the ages Of some of the in
mates of said home are above 80 years,
and that all of the men in said home
are men Of shattered health and nerves,
and that the said trains of said defend
points in front Of said hospitals and
barracks, make SO much noise and con-
fusion by the stopping of said trains
and by the putting Of steam and the
ringing of bells continuously and auto
matically from five to fifteen minutes
at time. and by the switching of said
trains, as to wake up said inmates OF
said hospital and barracks from their
sleep. and, in cases of those inmates of
said hospitals and barracks who are in
sane, to throw them into spasns or
paroxysms and to otherwise greatly
disturb the peace and necessary quiet
of all the inmates of said home
The plaintiff asks that two tracks be
| considered as a cloud on the fee simple
title of the property. that the railroads
be perpetualiy enjoined from using tire
tracks or the property as right of way
asks that the alleged agreement be
tween the Kansas City, Wyandotte and
Northern and the Kansas City and
| Northwestern be set aside as null and
void, that an agreement between the
Missouri Pacific and the Kansas City
and Northwestern be declared void as
also that between the Chicago, St. Paul
& Kansas City railroad and the Chi
cago Great Western. S. A Searle ap-
pears as attorney for the plaintiff.