The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-07
GOING AFTER THEM
City Files Suit to Get Rid of
Street Railway.
WANT NEW ROAD BUILT
Alleges Present Road a Men
mace to Public Rights.
WANT NEW ROAD BUILT

There was fled in the district clerk
Office yesterday a voluminous petition,
with exhibits attached, containing over
10000 words. praying for an injunction, re-
strain.ng the present street railway com
pany from operating their system upon the
streets Of the city of Wichita under the
original franchise granted by the council
in 1890. The action was filed by City At
torney Helm, under instructions, passed
by the city council, about a month ago,
when the Church people forfeited their de-
post Of $4,000, in consequence Of not full
filing their agreement 10 rebuild and equip
the present system and also extend their
lines over several miles Of additional
streets in the city.
The following is a copy Of the petition
in suit, fled on behalf OF the city yester-
day, against the Wichita Electric Railway
and Light company:
In the district court Of Sedgwick coun-
~, Kansas.
The City OF Wichita, Plaintiff, vs. The
Wichita Electric Railway and Light
Company, Defendants.
PETITION.
Now comes the plaintiff and for its
cause Of action against the defendant,
says:
That the city Of Wichita is a munich
L.al corporation, being a city Of the first
class, within the county Of Sedgwick, in
the state Of Kansas.
That the Wichita Electric Railway and
Light company is a corporation organ
ICED and existing under the laws of the
state OF Kansas.
That by ordinance duly passed by the
mayor and councilmen of the said city
of Wichita, approved March 25th. 1890, the
said city duly authorized, empowered and
granted TO the Wichita Electric Railway
company, a corporation organized under
the laws of the state Of Kansas, its sue
cessors and assigns, the right to con-
struct, operate and maintain its railway
upon all the streets and avenues Of and
within the limits of the said city Of Wich-
tia for a period of twenty years, except
as IN said ordinance provided.
That said ordinance was numbered Or
dinance Number S37. and entitled An
ordinance authorizing the Wichita Elec-
iris Railway company, its successors and
assigns, to construct. operate and main
tain lines of double and single track cleo
trio railway and horse railway along the
streets and avenues in the city Of Wich-
ita;" that a copy Of said ordinance as
amended by Ordinance No. S52, approved
April %, 1890, is attached hereto, marked
TExhibdt A." and made part hereof as
fully as If the same were set out in full
herein.
That the mayor and councilmen of the
said city of Wichita duly passed ordin-
ance No. 424 entitled An ordinance au-
1horizing the Wichita and Suburban Rail-
way company TO construct and operate a
railway along certain streets and ave
nues,' approved April ., 1857. A copy Of
said ordinance as amended by ordinance
No. al, approved June !, 1857, is attach
ed hereto, marked Exhibit B." and
made a part hereof, as fully as if the
same were set out in full herein.
That the mayor and counclmen OF the
said city of Wichita duly passed ordin-
ance No. 494, approved December 70,
lSS7. entitled AN ordinance authorizing
the Wichita Street Railway company TO
construct, operate and maintain a street
railway along certain streets and avenues
IN the city of Wichita, Kansas" A copy
OF said ordinance as amended by ordin-
ance No. ops is attached hereto, marked
Exhibit c. and made a part hereof, as
fully as Il the same were set out in full
herein,
That the Wichita and Suburban Rail-
way company and the Wichita Street
Railway company We're corporations or
gained and existing under the laws of
the state Of Kansas. at all the times
mentioned in this petition, that said or
dinence5 Nos. 424 and 1872 were in full
force and effect al the time of the pass
age and approval Of said ordinance
No. S37.
That said ordinance No S37 provided
among other things that all the rights
and privileges heretofore granted by the
said city Of Wichita to the Wichita and
Suburban Railway company and to the
Wichita Street Railway company should
be conferred upon and granted to the
said Wichita Electric Railway company,
subject 20 all the restrictions. obligations
and Liabilities contained therein; that 10y
the terms and provisions of said ordinance
No. So the said Wichita Electric Rail-
way company was authorized and en-
powered by the said city Of Wichita -
construct, operate and maintain lines Of
electric railway over and along ina
streets and avenues Of the said CITY Of
Wichita upon the terms and conditions
contained in said ordnance and contained
IN said ordinance numbered 494 and "a
That since about the year 1893 he
plaintiff, the Wichita Electric Railway
and Ldght company mas. as the success