The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-04
SUES NEW BOAR1.
RaiEread Commissioners E,njufr1etf u,
Federal Court

The new state board Of railroad
commissioners. c. 4 Ryker G. w
KanaveI and r. J. Ryan gets the first
taste OF the law in an appIica ton
made today in the United States cir
cunt court by the Kansas CRY South
ern Railway company which asks for
an in 11r1ctfou to restrain the board
from putting into effect lis order to
compel the railroad 20 maintain a sta
ton ar CurranvfIla. Kan. IN charge CT
an agent
IN reciting the reasons wftv the in
junction should be placed into effect
the attorneys for the railroad set W
the novel claim that 70 maintain the
station would mean a violation OF the
Interstate commerce. Act The route
which is TaEerSed 70 arrive at this
point is this The road claims that the
great majority OF lis traffic both pas
senger and freight Is Interstate. and
then states Your orator states that
to impose upon IT the duty OF esIah-
fishing 4 station at said point and EN-
pInying an agent t1ereat would Sc
riGusiY hinder and Interfere with your
orator in the carriage OF passenger
and freight between Interstate points
and would be an uuwaErauued inter-
ference with intarStaCa commerce.
It is stated that the board issued an
order On the 4th OF January. 1907. d.
recting the Kansas City Southern
within 50 days from the date of the
depot at CurranvfIIe and install and
maintain an a geut thereaE
The complaint upon which the order
Of the board vas Issued was made by
Frank Orr, mayor OF the town The
application for a permanent in junction
4gainst the board states that no other
complaint or application by any other
person or persons or by parties en-
titled under the law 70 make the same
was made. That the law specifically
y
De the township trustee should make
the complaint That since the mayor
only made the complaint and not the
,ity council with him. the order of the
board is unlawful and void
It is further avarFed that G. w
OF the former board OF rail-
road commissioners vas the only
OF the board 70 sit at the
hearing Of the complaint that no
stenogra pf1fc report or the proceeding
we're takau and that the law provides
that the board can only sit and hear
Eor1 plants and that not single u1eu-
1ers- The hearing II stated vas there
fore unlawful
The location CT Nelson a town J
niles south Fuller. enc mile north.
both Of which sfaefsns have sidfngs
md Recommendations for freight and
passengers IL is stared affords all the
reasonable oumedatIon 10 be ex-
3ecred- Il W Moore and Fred Il
hat a temporal Injunction be made
pending the hearfnE Of the application
Tor d permanent injunction In addT-
ion to the board the Injunction is
made 70 include 2. : Jackson. acr0r-
ley general and Carr Eayfor. attorney
l0r the board.
George ". SWIFT OF Bordentowr. ".
7. brings suit in the Cuited States cir
tuit court against the Lawrence. Egg
Ease com pa1y of Lawrence. Kan and
James as additional defendants 10
sepF1 4 Long " 4 Kennedy and Adj
ala G. Mcfarland swift claims an
nfriug cement Of his patent rights on the
CT cell case machines.
Swift says that he originally patented
his idea IN 1899 and IatEr had new
1atent papers issued IN 1906 due TO a
fefect in the first papers He claims
nat he has given notification 70 the
defendants Of their Infringement and
lsEs both for IN Junction againsr further
lotions Of that character and damages
'0r three times the profits acCruing u