The Liberal democrat. [volume] (Liberal, Kan.) 1911-1924, 1920-09-23
K. AND 0. RAILROAD
SUIT IS CALLED Up
City Of Liberal Answered By
Attorney But Trial Date
Not Been Set
NO PROSPECT OF COMPROMISE
Council Says is Protecting Interests
of City and Will Stand Suit Before
Turning Over Railroad Bonds. J.
w. Davis is City's Attorney.

The mandamus case against the
city council was called in the Su-
preme Court yesterday. and the city,
through its attorney, John W. Davis,
filed an answer to the petition.
A date for hearing will be set, but
has not yet been done.
Mayor Griffith has handed the
Democrat copy of the answer fled
in this case, and we have taken there
from the pertinent sections relating
to the case.
This will give the case from the
standpoint of the council, and give
the people of Liberal the opportunity
of informing themselves in the mat
ter.
The entire document is too lengthy
to permit its publication, but these
paragraphs contain the parts in which
Liberal people are most interested.
8. The defendants further say
that the city of Liberal is a city of
the second class, of about $500 in
habitants, and that it is located on
the line of the Chicago, Rock Island
and Pacific Railway, in Seward
county, Kansas, and that it was and
is DESTROYS for commercial reasons OF
securing railway connection with the
Wichita Falls and Northwestern Rail.
way, at the town of Forgan, in Beav.
err County, Oklahoma, about thirty
miles southeast of Liberal, and with
other railway lines in that locality
that the plaintiff The Kansas and Ok.
lahoma Railway company, by its pres.
ident and general manager o. P,
Byers, proposed to the defendants
and to- the inhabitants and citizens
of Liberal to construct, maintain
and operate such connecting line OF
railway between the town of Forgan
Oklahoma, and Liberal, Kansas, con.
Meeting at Liberal with the Chicago
Rock Island and Pacific Railway.
Defendants further say that, OF
or about the 4th day of April, 1919
the plaintiff caused to be presented
to the mayor and councilmen of the
city of Liberal the petition which is
attached to plaintiffs petition, mark.
ed exhibit A. Defendants further
say that at the time said petition was
presented to the city council, and
as part of the same transaction, and
as an inducement for the calling of
said special election and the voting
in favor of said proposition, the
plaintiff made the following agree
ment in writing with the defendants
to witt:
STATEMENT
eve, The Kansas and Oklahoma
Railway company, by 1s officers and
uucCCOlb, w Hdhe CHlS pTOInlSe ana
agreement with the Council and the
people of the city of Liberal, Kan
sas:
That, Whereas, said Corporation
has asked for aid for the building of
the road and its terminal facilities
from the citizens of Liberal to be de-
livered as described in the petition
calling for a special election for the
purpose of voting bonds in the
amount of $4,000.
Now, the following statement is
hereby made by the first-named part
les: That they will not ask for the
delivery of any aid in the nature of
the bonds voted, until satisfactory
assurance can be given said Coun-
Gil of Liberal that the railroad con-
templated and proposed from the
City of Liberal Kansas, to Forgan,
Oklahoma, will be builded and oper-
ated between said points in the time
stated in the said petition calling
for an election.
Dated this 4th day of April, 1919,
Liberal, Kansas.
(Signed)