The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-28

ingly. that a horse could not be shocked.
The motormen who are one the cars say
they have been. And the evidence upon
the part of the plaintiffs expert witness
shows that that would frequently hap
pen. And outside Of that. the common
experience which we all have in this mat
ter, we know what they are. Now, then.
these cars. according to the evidence, are
frequently off the track by reason Of the
poor condition of the track. poor con-
struction Of the cars, etc. According 20
the man down on the transfer line, he
says that whenever this company fleets
like it they do not run any ears, or il
they feel like It, on certain parts OF the
street car car service is discontinued.
They just take them of and let the peo-
pie do as they please, or do the best they
can. If it paid them a little better 10
run on one section, they came from every
other section in the town. what few cars
there are left, and go and run on that
particular section which viii make them
little bit Of money. and pay no atten-
ton whatever to the ordinances in regard
to the schedules OF time or anything else.
These cars, Of course. as Mr.. Aldrich
says. by their galloping condition cannot
help but brighten horses and cause run
Always, cause accidents and cause danger
to life as well as TO property in this city.
Now, the question is. what can the
court do about il, with that condition Of
affairs staring US in the face, that condi-
ton Of the track. that condition of nui-
sance running around here? Why these
noises? AS Mr.. Helm has suggested in
his argument, no Individual would be al
lowed for FIVE minutes to make the noise
that this street car company Is making
here in this town, disturbing the people,
disturbing not only the people but the
courts and everybody doing business in
town. No individual would be allowed to
do that for five minutes-they would be
pulled and be down in the city prison
This company has been doing that for
several years here. 1t seems. simply be-
! cause 1t would cost IS or s. more for the
car to have a different kind Of pinion To
stop that noise. They paid no attention
| TO he ordinances in regard to managing
| il in proper condition. just simply run IT
| people or the ordinances upon which they
operated, and without any regard to the
| complaints Of the city officers
| Now. as I said before. the question IS;
What can the court do about It? Ny judg
ment is that the only thing the court can
do is TO declare a forfeiture Of this. so
/ far as the city is concerned; that is. 70
annul this contract. OF course the court
can not do not pretend 10, have any
thing to do with its charter. That II got
from the state. This contract that they
have with the city. however, the court
will annul. The court will grant per
| manent Injunction The court will order
| this company 10 remove its cars, It's
wires and its tracks from OF the streets
of this city They have a certain period,
which I think they ought 10 be allowed ]
think they ought 20 be allowed two
weeks to do that I think that is all the
time they ought to be allowed. Then II
they have not done it. the city VIII be
ordered to go IN. or be allowed to 60 N
and remove them themselves. That gen
tlemen. will be, in substance the 0rdeF OF
the court 3"