The Topeka state journal., 1906-05-18
MUST HAVE M0TORCARS
Board orders Attorney General to
Open on Missouri Pacific.


C. C. Coleman was requested this
morning in written communication
from the state board of railroad COM
missioners to commence mandamus
proceedings against the Missouri Pa
cifc railroad company to compel that
company to put on motor car service
on the line between Madison and the
Missouri state line. This is the line
which passes through Mound City and
Pleasanton.
The most interesting feature of the
case is that the board ignored the ex-
istence Of its attorney. carr Taylor,
and went direct to the attorney gen
erai for legal assistance.
Some weeks ago Mr.. Taylor an
nounced in an interview that he was
planning to begin proceedings to bring
the Missouri Pacific to time in its
agreement to institute motor car serv-
ice. He has failed to do so however.
and the board anticipated his action
by placing the case in the hands OF
the attorney general.
At the present time the only service
over the Madison branch is one mixed
train daily. The Missouri Pacific con-
tended in the hearing which was held
| last December that it could not afford
to run regular passenger train, owing
to the small patronage. The board
ISucld1flSQ THIS COnI0nIIOQ. Dilt the Mis-
souri, Pacific authorities stated that
they were having some motor cars
/ Duift, and would install one of these
/ on the Madison branch. The board
gave them until May 1 to institute this
motor car service. So far there is no
motor car, and now the board viii
! insist that either the motor ear be
/ put on or regular passenger train sery-
ice be established.
/ Having admitted in their order that
I . q cEr,
at profit, it remains to be seen
/ whether the company can be compelled
1 TO put on such a train, even at a loss
provided the motor cars are not ready.
! Ihe understanding is that the Mis-
souri, Pacific officials arestill experi-
menting with the motor car project.
and they may be ready to put them
into service by the time the suit is
The following is the boards letter to
/ Mr.. Coleman: Elae
&C. C Coleman. Enclosed herewith
| ind copy of findings and order of tn g
Doard IN the case of citizens along the
! hne OF the Madison branch of the Mis-
I souri, Pacific railway running from
| Madison, Kan, to the state line VS.
Missouri Pacific railway company.
Kindly note that passenger service
| was ordered by the board to be in
/ stalled on or before May 1, 1906 The
/ service ordered by the board has not
been installed and this letter is for the
purpose OF requesting that your de-
partment institute the necessary pro-
/ ceedings to enforce said order.
BY order Of the board"
The findings of the board which were
| made in the Madison branch case
/ when it was up for hearing are as fol-
/ lows:
Now on this 7th day of December.
i 1905, after hearing the evidence and
argument of counsel in the above en-
/ titled action the board find that during
the years 1902 and 1903 when the re-
spondent railway company operate a
passenger train on said Madison
branch of its line. that the said passen-
ger train was operated at a loss and
there was no testimony introduced at
this hearing that the train if put on
as asked for by the petitioner, could
be operated at profit by the respond
ent company The board believes that
the people along the line Of the Madi-
son branch are entitled to better pas
senger service than they are now re-
ceiving. and it has been represented to
the board by officers of said company
that the respondent is constructing
motor cars for establishment on its
branch lines that can be operated at
much less expense than steam service.
1T is therefore ordered bv the board
that on or before the first day Of May.
1906, motor passenger car service be
put on and operated on said Madison
branch from Madison, Kan. to the
Kansas and Missouri state line and in
| event said railroad company is unable
at that time to put on a motor passen-
ger car service, a regular steam pas
senger train service be forthwith put
on and operated"