Show I I I I RAILWAY SK SEEKS lAS fROM DEADLY CRP mr OF f l LESSEE Sf Owner of Kenilworth and Helper Line Says Pro Prolongation Prolongation lon lon-I gation of Lease Means j I I Destruction of Property I that if it allowed allowe D DECLARING the Denver Rio Grande to continue the operation of its railroad railroad railroad rail rail- road that it would be only a comparatively comparatively comparatively com com- short time before there would be no railroad at all the Kenilworth Kenilworth Kenilworth Ken- Ken Helper Railroad company today sought to have an agreement ratified whereby it would again take take takeover takeover over the operation of the line from I the Denver Rio Grande Before a contract can be entered Into in this connection it is necessary necessary sary to obtain the sanction of the in interstate interstate interstate in- in commerce commission C. C N. N Strevell president of the Independent ent Coal and Coke company which owns all the stock of the Kenilworth I Helper railroad testified as to II the production of the Kenilworth mines before C. C R. R Marshall ney-examiner ney of the interstate commerce commerce commerce com com- merce commission today The line was taken over by the Denver Rio Grande December 1 I 1914 following the Consolidated Fuel company's case of June 23 1913 In Inthe Ine the Consolidated Fuel company case II the interstate commerce commission I ruled that a railroad could buy or orlease orlease i lease or pay a pro rata on coal sent I from mines to connect with the carrying carrying car car- to destination railroad From June 23 1913 to December 1 I I 1914 1914 the Kenilworth Helper railroad railroad rail ran i road operated and they claimed a I certain sum for the transfer of cars carM i I of coal to the Denver Rio Grande I II A compromise was effected and antI the I Denver Rio Grande agreed to pay payI about for the service given I Ito to it by the Kenilworth Helper I railroad This sum to be paid forms part partI I of the agreement between the DenI Denver Denver Den Den- ver vel Rio Grande and amI the Kenilworth Kenilworth Kenil I worth Helper railroad that it Isnow is isnow isnow now sought to be ratified The Kenilworth Kenilworth Kenilworth Ken Ken- Helper railroad is desirous desirous desirous desir desir- ous of operating it its own railroad rather rath rath- er than allow it to be operated by bythe bythe bythe the Denver Rio Grande alleging that the latter has not kept it in good repair and that it would therefore therefore therefore there there- fore be to the benefit of the tho Kenilworth Kenilworth Kenil Kenil- worth Helper railroad to assume full ownership again rather than being being being be be- I ing the lessor J J. G G. McMurry 1 counsel for the Denver Denver Den Den- ver Rio Grande intimated that the I Denver Rio Grande was willing to enter into the contract providing no further claims were made by the tIle KenI Kenilworth Kenilworth Ken Ken- I Helper railroad Mr 11 Strevell I veIl vell said that any claims that it itI I might be deemed proper to make makeI should not form part of the negotiations I Mr McMurry Mcl thereupon asked for foran foran an au adjournment of the case caso which was granted In the meantime Mr 11 I McMurry l will attempt to get tho the Denver Denver Den Den- ver Rio Grandes Grande's attitude on the whole question He tie said that he lie understood understood understood un un- un- un that with the signing of the agreement it would mean that all claims would be settled between the parties but the Kenilworth Helper r. r railroad aBroad through Mr 11 Strevell refused to Jive give any such assurance |