The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-11-19
BIC BOND IS FILED
Railway Company Gets in in
the Nick of Time.
MUST PAY CITY DAMAGES
If Dale is Affirmed, Says the
Supreme Court
MUST PAY CITY DAMAGES


Railway company, which was ordered b.
the supreme court, was approved by Dis
trict Clerk Arnett and filed late yester
day afternoon. 1t is the largest bone
that has been filed in the district cour
Tor long time. There was some ex
element on the street last night after
City Attorney Helm arrived from Topeka
as 1t was reported that the street cal
company had neglected to file its bond
This was the first question Mr.. Helm
asked as he reached the Manhattan cor.
ner, coming from the train, and It re.
CURED two hours hard search to ascer.
tain whether or not the bond had beer
approved by the district clerk. Mr.. Arnet,
had left the office and gone TO his home
IN the country. His deputy, Mr.. Good
year, lives in the country, also. Mr..
Daugherty, one Of the attorneys for the
street railway people, could nos DC found
Judge Dale was seen at his home by
Mayor Ross, but he did not know whether
the bond had been fled Mayor Ross
did not know. and it began to seem as
though the matter had fallen through
with and that the city would get posses
sion Of the streets Monday morning. Fin
ally reporter for the Eagle reached Kos
Harris al his home and on inquiry Mr..
Harris smiled triumphantly and replied:
on, yes, indeed The bond is filed
Don't catch US on a small thing like that.
No, no. We're all right for awhile. at
least"
1t is thought a decision will be rem
dered by the supreme court within sixty
days. The order of the court is as fol-
lows:
In the Supreme Court Of the State of
Kansas
Be 1t remembered, that on Saturday.
the 18th day of November, A. D. 1899. be-
fore the Supreme court Of the state Of
Kansas, in session at its court room in
the city Of Topeka, the following pro-
ceeding was had and remains of record
at page - of Journal -, Of said court.
The Wichita Electric Railway and Light
company, plaintiff in error, VS.. The City
of Wichita, defendant in error No.
1888.
And row comes the plaintiff In error by
Its attorneys Of record, and shows to the
court that II has filed in this court its
petition in error and certified transcript OF
the record in said action to review the
judgment Of the district court of Sedg-
wick county, Kansas. in an action No
o0O4, wherein the city of Wichita was
way and Light company was defendants
plaintiff and the Wichita Electric Rail-
And whereas It appears that the plant
III in error applied to the district court
aforesaid for an order staying proceed
ings In the said cause and staying the
Judgment in said cause until the said
action could be reviewed by the supreme
court Of the state Of Kansas; and the
said application was by said court re-
fused
And It appears that the plaintiff in err
ror at the time offered 10 give a proper
bond for stay of proceedings, and the
court refused to fix the amount Of said
bond and the conditions thereof. or make
any order staying proceedings for
greater period Of time than ten days
And it further appears that the court
stenographer of said court cannot pre-
pare said case made within thirty DAYS
from this date
And the matter coming on to be heard:
1t IS by the court considered and ordered
that upon the execution Of an undertake
ing in the sum Of twenty thousand dol
lars, by good and sufficient sureties 20 be
approved by the district clerk Of Sedg-
wick county Kansas; said bond to be fled
in the office of the clerk Of said court.
and to be conditioned as follows: That
the said The Wichita Electric Railway
and Light company shall comply with the
judgment of said district court rendered
in said action on November Oh, 1893. and
shall pay to the city of Wichita any and
all damages that said city may sustain
or that said city may become liable for
by reason Of the occupancy of the streets
Of said city by said railway company with
its poles, wires. tracks and cars. or by
reason ofs the continued operation and
maintenance of said street railway over
and on the streets Of said city by said
railway company or its SUCCESSORS or as
signs during the tendency Of the said
proceedings in error i'm the event that
said judgment is affirmed by the supreme
court.
That all proceedings in said action in
the district court of Selgwick county.
Kansas. wherein the city Of Wichita was
Plaintiff and the Wichita Elect~ic Rail-
way ana Light company was defendant
be staid and that the execution of said
Judgment in said cause he staid until
this action pending In this court shall be
finally heard and determined in this
court. after the execution and approval
OF said bond
i IS further ordered that certified