The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-03
Newspaper Men Shut Ont Of
Railroad Board Session.
Didn't Want Public to Know
What Richards Said.
MISSOURI PACIFIC MAN
Expressed Himself About Conn
plant of Trackmen.
Placed Private Car and Engine
at Disposal of Commission.

J. II. Richards, of Fort Scott, general
attorney. came before the state board
OF railroad commissioners Tuesday sf-
ternoon, and in a session which was
held behind closed doors, with news
paper men barred, told the board what
ne thought about charges fled against
the Missouri Pacific by the National
Union of Railway Trackmen. No rea-
son was assigned for making the meet
ing secret
1t is understood that tho board was
gwen to understand that the Missouri
racine would provide means for taking
the railroad commissioners over their
lines for the purpose of inspection.
1t is said that the Missouri Pacific
officials object to furnishing transpor-
tation to Jake" Sheppard, the sec
eelary eGy or the trackmenAs union. who
nIed the complaint against the Mis-
souri, Pacific. However that NAV be.
the railroad commissioners intfnated
today that they did not need Shep-
pard in their business.
we want to find the general condi-
ton of the track" said one of The
commissioners, land if the condition is
bad only in isolated spots, so that IT
is necessary to have somebody And
them and point them out to us 1t
would not constitute the general cor
dition.''
The commissioners say that the Mis-
souri, Pacific officials told them thev
might take anybody they wanted to on
place at the "secret meeting" and
just what arrangements were made
concerning the diSbarment of Shen-
pard are not known.
Apparently the railroad commission
ers accepted this situation for they are
planning to start in at the Colorado line
and make an inspection of the Missouri
Pacific tracks clear through to Missouri.
They will travel in a special observa-
tion car placed at their disposal bv the
railroad, and a special engine Their
journey will be made on slow time and
all bad places in the track will be in
spected. 1t is understood, however, that
Mr.. Sheppard will not be present on the
trip.
]. H. Richards filed an answer in the
case which denies the right OF the track
men to file the complaint, and denies the
right of the railroad commissioners to
hear 1t. Following are some of the rea-
sons given:
Because in making said complaint
said complaint undertakes to usurp and
does usurp to itself the right, power and
authority to institute a complaint
against said respondent for causes, man
ners and things set forth therein which
only this board has under and by vir-
tue of the laws of the state of Kansas.
Because it being disclosed in said
complaint, and otherwise so that it has
been SO published by the complainant
and its secretary, one ]. I. Sheppard, the
active agent and promoter of this or
ganization in the press of this country,
tat a like complaint to this has been
filed before the board of railroad COM
in the state of Missouri and
inasmuch as 1t has been likewise dis
closed that said complainant proposes to
file like complaint in still other states
where your respondent company has
lines of railway and where 1t is claimed
that like conditions exist, so that if true,
a case or cause of complaint exists un-
der the law in such cases made and pro-
vided wherein only the interstate corn
merce commission, being by the inter-
state commerce act solely and exclusives
ly empowered thereunto has jurisdic-
ton to hear and determine, wherefore
has no legal capacity or
lawful right to make such complaint or
and this commission would
have no right power or jurisdiction to
hear and determine the same.
''B. P. WAGGENER.
&C. z. BENTON.
81 H. RICHARDS"