The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-19
Missouri Pacific Denies Juris-
dictiOn of Railroad Board.
Claims That 1t Hasn't the
Right to Fix Rates.
ARE NOT FAIR ANYHOW
Discriminatory andCOnfiscatOry
Says the Roads Attorney.
Commissioner Ryan to Continue
Fight for Open DepOts.


The Missouri Pacific on Monday af-
ternoon filed with the railroad COM
r4issiorers it's answer in the freight
;ate case. The answer sets up the
allegations contained in the Union Pa
cif1c answer, and further says that the
board has no right to fix rates un-
der any circumstances. This is a por-
ton of the answer:
For further answer this defendant
AYERS that the said honorable board
or railroad commissioners of the
state of Kansas has no power, juris-
d1ct1on, or authority to hear, try or
determine the subject matter of said
complaint, or to make any order in
the premises, for the reason that the
board of railroad commissioners of
supreme court of the state of Kansas
has decided that the act creating the
the state of Kansas does not attempt
TO delegate to the board any legisla-
tive power or authority, and that the
only power and authority which the
BOARD has is an administrative power
and the fixing and establishing of
rates being legislative power, is be-
yond the control and jurisdiction of
the board
For further answer this defendant
of rates will interfere with the rates,
charges, classifications, rules and
regulations affecting interstate com
merce passing into. out of and
necessarily compel the defendant to
readjust all of its interstate rates,
charges, classifications as effecting in
terstate. commerce"
1t is further claimed that the new
rates are unreasonable and unjust.
thew nd
fiscatory; that they are therefore in
violation of the constitution of the
United States.
1t is further claimed that the new
out interfering with the interstate
rates authorized by the Interstate
Commerce commission.
Railroad Commissioner Frank RYAN
is not done with his fight for "open de-
pots" at night in towns where trains
pass through in the night Mr.. Ryan
came to Topeka today and said:
Next week 1 shall be ready to renew
my application to the board for an or
der requiring railroad companies to af-
ford some sort of facilities for protect
ing passengers in their depots at night,
in small towns where the depot agent
is not on duty all night I am now col
such regulation, and propose to keep
after it until get results. This may
not seem hike a very big thing, but it
is something the people want, and
propose that they shall have it if 1 am
able to give 1t to them.
81 know that the other two members
of the board have turned me down on
this matter once, but 1 am not done. T
shall keep after the things that the
people want. The people elected me-
and 1 propose to do my best to serve
them.
For one thing, will say that there
r oh oIn,- ncciar
of the board, so far as 1 am concerned.
II have no criticism for any member
Of the board, nor do 1 have any COM
ments on what the newspapers have
printed. I am simply going ahead and
do my best to get things the people
want.
"I do not ask that the board take
any formal action concerning the mat |
ter of opening depots at night. All |
want is a recommendation similar tc |
that issued in the Pullman case and the |
train bulletin case. Leave it to the |
companies to decide what ar |
they will make. Down at
they have simply arranged |
to lock the station door, and put the
key in a be- by the door. Then when a
goes to the depot late at night |
door and get in the depot. When he |
leaves, he locks the door and puts the |
key back in the box. In some towns, |
where they have night marshal 1t |
might be possible to arrange for the |
marshal to carry a key to the depot |
and unlock shortly before train time.
'I do not believe that there would |
be any more danger of rowdyism in de- |
pots left open all night than there is |
now. Anybody who would go into |
depot for the purpose of vandalism |
would not hesitate to kick down the |
door and go in.
Il am getting many letters from all |
parts of the state commencing my at
tit116a concerning the ODaninp of donofS |
at night. I have one letter from way |
out here at Tribune, in Greeley county, |
where they have a night train and the
lepot is kept locked. Tribune is |
seat town on the Missouri Pa |
cific Travelling men are also especial |
" interested in the proposition, because |
they know the hardship of going to |
depot at the dead of night, and being |
obliged to wait for hours without shelter
FOR a delayed train"