The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-13
WON'T DO IT.
Missouri Pacific Refuses to Build
Kansas City, kansas, Depot.
Ask the Federal Court for an
Injunction.

Both temporary and permanent in
junction is asked for by the Missouri
Pacific railroad against the state board
Of railroad commissioners, the attorney
for the board, G. F. Grattan. r. s.
jackson, attorney general, and their
agents and employees to keep them from
forcing the Missouri Pacific to abide
by the order issued on the 31st of
March, 1908. which directed that road
to erect passenger and freight depot
on or before October l, 1908, at Kansas
City, Kan. failure to comply means
$1,000 a day for each and every day
after the October first specified that the
road neglects in obeying the mandates
of the board. The Injunction was
sought for in the United States cir
cult court, the application being filed
today.
The Missouri Pacific states that the
Union Pacific, Rock Island. Santa Fe
Chicago & Great Western, together
with the Missouri Pacific and the Kan
sas City & Northwestern railroads in
tend to construct 100000 union pas
senger station at Kansas City, Kan,
and Tor that reason it does not want
to erect the depot demanded by the
board of railroad commissioners at the
stated cost of $4,000. That it already
maintains two depots in the city That
sonable and unjust. That the board
is acting beyond its powers as the bus
mess at this point is interstate busi-
ness and that the interstate commerce
action. That besides all of this the
board of railroad commissioners is an
illegal body, that the law which crea-
ted the board IL unconstitutional
B. P. Waggener, attorney for the Mis-
souri, Pacific, tells what he thinks Of
he I'd in fG los Dat Iof
instead Of being more pacific in their
operations and more conservative in
said orders which they are making, said
orders are becoming more extrava-
CANT and unreasonable and unless the
court shall intervene and stay the hand
Of spoliation it will result in the utter
ruin and bankruptcy of your orator
and the destruction of its financial in
terests and property
Waggener tells at great length of
the other predatory attacks made by
the board on the Missouri Pacific.
The history of the depot controver-
sy at Kansas City Is. somewhat pecu-
liar. Before June of 1907. the city
council granted a franchise ordinance
to the Edgewater Connecting Railroad
company, an auxiliary company of the
Missouri Pacific. The franchise pro-
vided that a depot should be built
costing at least $4,000 exclusive OF
grounds. The city granted strip of
IlSHt VI way dh0 save SohAC PophS
lands to the road. Within two years
hte Improvements were to be com
menced and the road was to waive it's
rights to a claim of about $1,000
against the city. The understanding
being all the time that the Missouri
Pacific was to carry out the terms
Of the contract by the erection of the
depot and the CONSTRUCTION of the ter
lminaisa :, 1t commented the terminal
work and claims to have spent 900.
But that in September. 1907, the city
officials brought complaint to the state
board Of railroad commissioners ask
ing that the board require the@Unfon
Pacific. Rock Island, Missouri Pacific
Santa F'e, Kansas City Northwestern
and Great Western railroads to con-
struct depots. The Missouri Pacific re-
plying to the complaint and saying
that it had not built the depot thus
| far on the understanding that unior
| depot was to be built. The board went
ahead with it's order directing the Mis-
| souri, Pacific to commence the con
struction Of it's depot by October 1
| 1908.
The Missouri Pacific says that thu
| board is acting without giving rea
| sonabfe hearing.