The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-26
use OF MOTOR CAR
This Question Now Before q
Special Master.
Attempt to Force Missouri
Pacific to Operate One.
ON MADISON BRANCH
Company Failed to Fulfill the
Promise.
Hearing By Judge L. +. Carver
Next Week.

The question OF whether the Mis-
souri, Pacific can be compelled to put
a motor car propelled by gasoline into
service over the Madison Mound City
branch will be thrashed out Wednes-
day before T. F. Carver, special mas
ter appointed by the supreme court to
take testimony in the mandamus suit
instituted by Carr w Taylor, former
attorney for the railroad commissions
erS.
This case has been hanging fire for
nearly two years. The action was or
iginaIIy brought before the state board
of railroad commissioners by the peo-
pie of Mound City. and neighboriug
towns along the line, TO require the
Missouri Pacific to restore passenger
service on that line The Missouri Pa
cific had Withdrawn the daily passen-
ger train on the ground that it could
not be operated without a loss.
After the case had dragged along
for some time. the Missouri Pacific
stated that it was experimenting with
motor cars, and would be able within
a short time, to put motor car into
service on the Madison branch. With
this assurance, the railroad board al
lowed another long period Of time to
elapse, and as there was no motor car
in sight, the people on the line renew
ed their plea for passenger service
The board took the matter up. and
finally issued an order requiring the
Missouri Pacific either to restore the
passenger train. or put on motor car.
Thirty days elapsed, and the Missouri
Pacific neither offered any resistance
to the order nor complied with II.
Then the board ordered Carr TAYLOR
to bring mandamus proceedings in the
supreme court
1t is now contended that the 80 DAYS
having elapsed without any protest on
the part of the Missouri Pacific the
company has forfeited its legal right 70
make any objection to the order of the
board of railroad commissioners. The
Mound City attorneys will oppose the
Missouri Pacific on this ground Carr
TAYLOR of Hutchinson will assist in the
case, and Bale p. Waggener is to rep
resent the Missouri Pacific.
The state is also in the possession Of
evidence which may be introduced to
show that motor cars are now in prac-
teal operation and are commercial sue
cess.
When the state board of railroad ssss-
sors were out hunting for railroad
equipment in southern Kansas a few
days ago. they found in one of the Mis-
souri, Pacific round houses a motor car
capable of seating 9 people which is
offered to the public for rent at the
rate of cents per mile It is now used
as an inspection car by some Of the
officials of the road The man in charge
Of the machine gave the railroad asses
sors good deal of information concern
ing motor cars in general. and that mo-
tor car in particular This information
will be presented to the special master.
The case is looked upon as one OF
great Importance to the railroads OF the
state for il it is found that motor cars
can be compelled to run on the Madison
Mound City line. it is likely that they
will have to be started on some OF the
other branch lines which do not afford
enough business to support a regular
passenger train