Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-10
THE CITY COUNCIL.
THE ELECTRIC RAILWAY FRAN
OHISE BUFFETED BY BOTH
PARTIES.
Paving Matters Considered in Secret
Session-Market Street VIII be
Paved with Asphaltu7n-Main
Street to be Readvertised.

SchnitZler, Barnes, johnson. Coffin, Will
Jams. Wight, Mercer, Herrig present. The
minutes of the recent meetings were dis
posed Of and approved. An unusual num-
Der of visitors were present. indicating
that business Of general interest was ex-
pected The paving question seemed TO
be the one in which the most general In
terest was manifested.
The mayor first read communication
relative to the street car franchise as fol
lows:
To the Honorable Council Of the City Of wichita
l herewith communicate to your nonora.
bic body'my objections TO the passage OF
ordinance No. -, an ordinance granting
additional privileges to the Wichita street
Car company. The ordinance IS obJectlon-
able IL that it contains some Things lnaI
it should not and it IS still more once
tionable in that much IS lett OUT Ihal IL
should contain.
The street car company asks certain
privileges of the council In return the
council asks the street car company to 90
certain things that it (the counclD COM
pels other property holders to do. Inc
street car company deny the r1ght OF the
council to impose upon them any condl-
tons whatever.
The council will not. with the consent of
the mayor, surrender this right, which 1t
clearly has, and which it is its duty to eX-
ereiSe So far as il Is in the power OF the
council. it is clearly its duty TO correct any
errors that have been made by former
council The first franchise granted 70 the
street car company was in 1882, when TINS
city was a mere village, and not q city OF
the first class, and then had but little eX-
pectation OF ever reaching its present
magnitude or its council would nave
been more guarded IN granting privileges
that were to become so valuable. IN thaI
franchise was clause requiring Inc
street car company to pave, gravel OF
macdGamiZe" between its tracks anu De-
tween the rails Of its tracks.
The street car company since tnaC date
has secured various eXtentions OF its prIVl-
leges aud franchises, and IN December 100
il coDsUma ed a consolidation with all the
lines IN existence in the city. But IN al
the changes that have been MADE the
street car company has been careful 10 see
/ that the paving clause has been lett intact.
The council granting that original fran
chiSe clearly made a mistake IN allowing
clause so loosely drawn as TO permit the
street car company to use any material
they pleased in grading up their roauDed.
The council that granted like franchise
to the Riverside Suburban Line" two
years ago, saw this mistake, ana SO far as
that company is concerned Temedled the
matter by compelling it to pave its road
bed with the same material used by the
CITY in paving the street. Nothing less
than this should be required Of any com
panv. All should be placed upon the
same basis. 1t Is not the purpose or desire
/ Of this administration to place upon any
/ corporation any membranes that would
retard the Development OF their resources
I or in any way impair their usefulness to
the public. but rather it is our wish to
! foster and assist in buildln up all INDUS
/ tries and enterprises that would contribute
! to the comfort and prosperity OF our PEG
( pie, and accommodate the growth and &c
velopment OF our rapidly growing city
/ But the passage of this ordinance with
/ out requiring the company TO pave tnell
road bed with the same material used oy
the city to pave the street would Dt
/ clearly against public policy and IN
/ Justice TO other companies who are
compelled to comply with this require
ment, and a great injustice to the tax
payer. who bears the burden OF paving
/ that part OF the street not occupied by tbs
tracks of the street car company. Ihere
fore. feeling as we do, that upon al ques
tions involving the rights OF the people, a:
against the demands of private corpora
tons it is our duty to conserve the inter
ests Of the people, and realizing the obi
cations of an oath of Office, we feel com
PEELED TO InterpOse our veto against tn
passage of this ordinance II Its presen
Objectionable form.
Respectfully submitted,
u. W. CLEMENT, Mayor.
Attorney Stanly, by permission, asked
further delay IN the opening OF an ale
between Central and Elm streets for tn
sewer right of way until one OF the OWL
ers. Mr.. McNair. returned some time dun
ing the week He did not want the seve
stopped, but wanted other steps delayed
4 motion to defer action on the report b
the committee on rules until the next reg
ular meeting prevailed.
Mr.. Healy referred to the right Of wa
necessary before the sewers could be com
pleted, portion of which had been al
ready secured. a matter OF fencing a
alley thus retarding the sewer work. wa
mentioned, ana the attorney ruled it
nisdemeanor and 8 subject for the police
Mr. Healy thought the committee had nc
the means to secure all the right OF way
Mayor Clement answered that there mus
be some way to get the right OF way I
the sewers. Mr.. Healy said he did no
know how it could be done, as he under
stood that the condemnation proceedln
. would not be legal Mr.. Healy further It
ported that the one piece Of right OF wa
between Central and Pine was the trouble
The engineer said he knew of others. q
motion of Mr. Coffin the sewer committe
{ was instructed to make a list of the piece
f of right of way that could not be secure
without trouble and report next meeting
, The license committee being called, Nj
; / Carson submitted the following commun
: cation. which was read and placed on file
r..f- an N.r 1rf11 f1-IF7r
committee o. Franchises. etc.
Sir-We hereby notify you that we car
; not accept the ordinance which the counc
p PASSED authorizing our company 10 equi
, our road with the overhead electric 81
q TEN.
f If the bill had passed as originally draw
we should have been willing to accept
and we should have begun work at once.
- As the matter now stands we do M
- think the interests Of the public nor thoi
, OF the company viii be promoted by pr
u longing the contention and we heret
= withdraw from further negotiations Ih
+ action on our part will relieve our friend
. from further embarrassment and VIII gl'
- the public time 70 discover VINO Is TeSpoI
+ sible for the failure
Thanking YOU and other members OF Il
council who have striven SO hard TO pr
Il vide some practical lp,an TO improve OF
u street cAE service, am sir,
3 With great respect.
r Your obeGien5 servant,
= =. Il. CAMPBELL Pre-
The judiciary committee reported faYo
= ably en- allowing a claim Of so 70 Nero
p, = Haaiba! for injuries sustained TO q hor
- by falling into tie sewer.
" On motion an ordinance was order,
drawn 10 conclude tGe purchase Of the
= ~. -. L--.....-E - --LLr.aan- n for q In