The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-11-19


remove the track so laid down bySIt. and
thus Teach the railroad company that the
city and the individual have SOME few
rights yet Left that even the Atchison.
Topeka q Santa Fe railroad company
is bound 70 respect
Second, also the right of The A.
q S-F. X. X company TO maintain the
main and side tracks on said aFen-
ue''
In the reply to this part of the inqui-
Ty you PROFOUND would say that md
no other provision concerning side
tracks, for the AtchisoD. Topeka i San
"a Fe railroad company, than those con-
tanned in the ordinance herein before set
out II the side track was put down by
said railroad company 10 conformity 10
the terms and conditions of said oTdi4-
ance and the rights granted by such or
dInances have not been forfeited, (both
Of which are questions OF tac) then said
side track Is Fightiully there In other
words. the right to lay the track Is given
coupled with certain conditions. and the
right to maintain the track after II is
down is also conditional (see Secs. 3 and
of the ordinance set out above). and if
these conditions have not been violated
by the company, the city or any indi-
Yidual cannot complain. As to the right
to maintain the main traeks:-By erdi
nance adopted by the board OF trustees
of the Emporia Town company, passed
January 9, 1870. the right was given to
the Afchison, Topeka 8 Santa Fe Rail
road company 70 construct single track
for its railroad through the town of En-
poria from east 70 weei. upon either OF
the evenues of said town south OF
Fourth avenue and In the center of the
avenue. upon the grade established by
the city engineer. The grade was
established, as am informed,
and the railroad company laid
to such grade and in compliance with
the terms ofsaid ordinance. Aiterward
on July 8, 1878, the city council passed
| an ordinance giving said a T. g. s. +
Railroad company the.right TO lay an
additional track along Third avenue
from East street to West street, parallel
with and south Of their FIRST track. This
the railroad company did, so 1t has
| through Third avenue two main tracks
1 and one or more sidetFaeks. and has the
right to keep and maintain them. if il
has complied and continues to comply
with the terms and conditions of the or.
dinance.
8. AS to the right of the city to com
pei the railroad 10 maintain said Third
avenue now al the proper grade, and tC
keep the street crossings IN proper con
dition. It is questionable If the city can
il II so desires, now require the railroad
company to adopt different grade thar
that originally given it by the city en-
gineer, under the ordinance referred TO
| adopted by the board of trustees of the
old town company, as the railroad com
l manu- haU0 aHfad nn0r that .TFaffe and q
| pended large sums of money IN bringing
its road bed to that grade That ordIp-
Rnce related, however, only TO siDgl,
track through the center of the avenue
and in the subsequent ordinance adopt
ed, the one relating to side tracks above
set out, in section thereof, the following
| language is used: "And said railroad
company shall grade and keep sale
Third avenue in such condition as thS
city council of the city of Emporia shall
| from time to time direct. !" And only il
| this section end the said ordinances
passed by the board of trustees o.
the town company have / foun
any reference to grade. In the passage
| of the ordinance set out sboYe with ref
erence to side tracks, the council evi
IDENTIFY intended 20 and did save all th,
rights of the city with reference to th(
| grade, and can, as In the ordinanc(
| stated, require the railroad company L
maintain the grade of said avenue upOI
which the side track Is laid as the coun
Gil may from time TO time direct, and
s'keep said Third avenue and crossing.
of SAID Intervening streets, between Eas
/ and West streets in spch condition as no
| TO in anYwise obstruct-or interfere will
the free use of the same as public high
way; and said railroad company shall
grade and Keep said Third aUenue in suct
| condition as the city council of the city
of EmpeaIa shall from time to time di
rect" (See section of ordinance above
| quoted The railroad company have no
Kept said Third avenue nor the cross
1ngs in such condition, ncF is the SAINT
now In such condition "as 10 not In any
wise obstruct or interfere with the freI
use OF the same as q public Highway,
bat this may be because the city council
have never directed the said RAILROAD
company how they desired Third aYenu
greded. Respectfully submitted,
W. A. RANDOLPH,
City Attorney.
Mr.. Adds moved that the report b,
adopted. MIR. Watson moved to amend
by receiving the report, that same b.
published and placed on file. Vote OF
the amendment stood as follows: al
voting for except.Addls who voted no
Amendment adopted. The original mo
tion as amended, wass adobted by tn,
following vote: Ayes-Torrington, Da
Wis, Thatcher, Raymond, Watson anC
Adds. Nsys-McCain and Bill.
Mr., Mccain took his seat in the coun-
Gil during the pending of the motion.
Committee on petition OF j. q. Wag-
1 oh G =,
granting the same.
On motion OF Mr.. Watson, that portion
of petition relating to the laying of thl
crosswalk was referred 10 the prope
| officer, with instructions to notify III
A. 4. & 8. F-railroad company to con
struct the same. and that the remaining
portion of the petition be placed on file
carried.
Report of committee TO whom was re
ferred reports of city weIghmaste re
| ported as correct reports from May q
october. 1885, inclusive, and the reports
were adopted.
Report Of committee 10 whom was re
| terred reports of the street commissions
reported as correct reports from April Il
October, 1885, inclusive, and the report
were adopted.
The report of committeeon The repor
of Oscar Saabye, city engineer, was OF
motion referred back to the committee
with power to act.
Committee TO whom was referred re-
| port of city engineer relating to Msrke
street reported recommending that tn,
same be adopted. Report adopted.
The committee to whom the petitioE
of fire department for raise of salarl
from $500 TO $1,000 per year, repoftet
IN favor of granting the petition.
On motion petition granted and the
committee on ordinsncns were instruct
ed 20 report an ordinance at the mex
meeting of the eounnIl IN conformity Il
said petition.
Committee on gas reported in fave
of granting petition for gas lamp a.
north vest corner of Seventh avenue ant
congress street.
On motion the petition was granted
The committee on ways and meanI
reported as correct. the city treasurer $
report for the quarter ending October
10, 1885.
Mr. Watson. of the special committee
on repairing macadam on Commercial
street, made an informal report giving
estimated cost of paving same bstween
Third and Fourth avenues. On motion
of Mr.. Adds, the committee were H.
structed to macadsmIze another block,
using the most economical means of do
ting the work. On motion of Mr. Wat.
son the committee on ways and means
were instructed to provide meaus for the
payment OF the mscademiZing.
Mr.. Adds was excused from further
attendance on the council this evening
On motion the following resolution
WIS adopted:
Public notice Is hereby given that at =
meeting of the mayor and couhciimen a
the city of EmporIa. duly and legally
held on tbs 18th day OF November, 1885.
the following resolution was duly adopt
ed:
Reselped, That Il Is hereby declared nee
esssry 60 improve the alley between
Third and Fourth avenues and CONNER
ctal and Neehanlcs streets, Ia the city of
Emporia, Lyon county, Kansas. by paw