The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-01-13
HOLDS THE FORFEIT
STREET RAILWAY THE CITY OF
EUREKA DIDN'T GET.

EUREKA DIDN'T GET.
Magnate Who With Boom Enthusiasm Was
Going to Build 1t and Put up $500 in
the Hands of the City, is Trying to Get
the Money Back, But SO Far the Courts
Tell the Town TO Hang on to 1t, and
the Case is Appealed to the Next
Higher Court New Court of Appeals
Organizes
Another reminescence of the Kansas
days of bonuses and forfeitures came
up before the court of appeals yester-
day.
1t was one of the first cases heard by
the new court, which organized early
ia the day, Judge DeHnison being elect
ed presiding judge, and taking the wool
sack in the center with Judge Milton on
his right and Judge Sehoonover on his
left.
The case with a Renaissance was that
OF the Eureka Light and Ice company
against the city of Eureka. When the
golden effulgence of the boom had not
yet entirely dissipated upon the face Of
Kansas, along about 1889, the city OF
Eureka, banking on the future, decided
20 have a street railway. The fact that
scores Of Kansas towns decided in a ike
ambitious manner is what gives interest
TO Eureka'S case. a man named CraW-
ford came along and proposed To build
street railway. The city councilmen, al
ready in their imaginat lions the recipi-
ents OF ANIMALS" granted a charter to
Crawford. Crawford excited the town
early by evidences Of activity. So GER
tain was street railway in the near flu
ture that the citizens walked only under
protest The line, as all of the kind have
hahit of doing, was 10 run all over
town ard out 20 the academy. To quiet
the fears of some citizens that the line
would never be built, Mr.. Crawford
socked the sum of $500 into the cily's
treasury.
That $500 is still there 1t was depos-
tied as sort of guarantee that the line
would be running inside of ninety days.
Bad weather came along and the line
was not built. A saddening wave Of ad-
versity also hit Eureka amidship and
drowned forever the gallant idea of in
termural transportation. But the city
council, after the maner of its kind, in
trduced a resolution with a nice little
preamble, taking possession Of that $500,
sion ever since. Crawford assigned TO
the Eureka Light and Ice company
which has ever since been whacking
away at the town for that omney. The
case was tried in the district court.
which told Eureka TO hang onto the
cash. TIE Ice company says the district
judge erred in his admission Of evidence
and the case was brought up for review.
The contention of the attorneys in the
lx-ha
deposit really was. The city of Eureka
claims that it was a straight-out guar
antee which was 10 be forfeited if the
road was not built. The Ice company
says II was merely an indemnity for
damages, and as the city was not dam
aged by the lines non-appearance, but
was, as Judge Davis. its attarney, says,
mighty LUCKY to escape the street rail
way" the city has no right to the $500
and should be forced to fork it over with
interest from the day of the first de-
mand on the city Cor its payment.
Another case of interest was that of
the Frisco Railroad company against
Arthur Sullivan. In 1890 the Frisco, in
running a grade across Chisholm creek
north of town, according to the Sullivan
side of the case, drained the creek onto
Sullivan's crops and injured them. He
got damages for $500 in the district court
and the railroad appealed.
The following cases were yesterday
submitted:
Eureka Light and Ice company VS..
City of Eureka, Greenwood county.
Consolidated Barb-wire company VS..
Guthrie National bank, Cowiey county.
c. R. Miller VS.. William Forbes, Har-
per county.
St. Louis and San Francisco Railroad
company VS.. Arthur Sullivan, Sedgwick
county.
St. Louis and San Francisco Railroad
company VS. Benjamin Boyce, Sedgwick
Coqaty.
The following cases were dismissed:
B. S. Bennett VS.. W. B. Steinberg,
Greenwood county.
George Strong VS., E. a. Beecher, Lyon
county.
z. e. Rafferty, VS.. Major Blasdel,
Sedgwick county.
John Steffen VS.. E. A. Kinnie. Chase
county.
Attorneys from abroad yesterday: J.
W. Gleed, Topeka; Judge Martin, Hutch
inson; s. s. Ashbaugh, Kingman; Judge
Davis of Eureka; Il. ]. Hodgson, EG-
reka; Judge Beckman, Winfield, A L..
Green, Newton; a. c. Richardson, An
thony.
INVESTIGATE APPOINTED CLERK.
In the organization of the new court
J. Westgate clerk Of the western divi-
SION and Mr.. Lucas his stenographeT,
and he was appointed by the court.
Judge Schoonover appointed Miss Nena
Crawford his stenographer, and Judge
Dennison re-appointed Mrs. Emma w.
Grover, who has been his stenographer.
The court adopted the rules of the old
court.
RECEPTION OF JUDGES.
Last evening Mr.. and Mrs. r. 4. San
key gave a reception to the Judges OF
the appellate court and their wives. The
legal fraternity of the city accompanied
by their wives were out in full force 10
meet the new judges, and the function
proved an enjoyable one.
Fine Weather Calendar.
The Eagle has received Cardui
Weather Chart and Calendar for 1897
from the Chattanooga Medicine Co. man
ufacturers of McElree's Wine OF Cardui
and Thedford's Black Draught. This Is
one Of the best calendars ever published.
II consists of twelve sheets of paper, 1SX
% inches in size, all fastened together
with a gilt tin strip and a brass loop
harger. Each sheet contains the calen-
dar for one onth in large figures that can
A. ~ 80