The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-28
CARS co OFF
Judge Dale Decides in Favor
of the City.
COMPANY WILL APPEAL
Provided 1t Can Give Right
Kind of Bond.

rendered at the close of the case yester-
day morning.
The city has scored a signal victory
right at the start, which may mean much.
and again it may not. The street railway
people intend TO appeal the case. They
will ask for a new trial right away, and
in case it is refused they win prepare to
take it to the supreme court. There is
some question, however. as 10 whether
the company can give the right kind OF
a bond. A prominent attorney said yes
terday that a supersedeas bond, such as
would be required in this case, would be
a very hard proposition considering the
ultimate result, which is likely TO go
against the company. The supersedeas
bond, unlike bond for costs, is very
risky thing to assume, and it is doubtful
ii the company could make a good one.
The general expression of the wiseacres
is that Mr.. Church OF Boston will come
down off his perch and take a reasona-
bic price for the road. such as he has
been offered by the owners Of the new
franchise.
JUDGE DALE's DECISION.
Judge Dale rendered his decision as fol-
/ lows:
Gentlemen, in this case. of course. we
have taken considerable time to try it,
because it is a very important case to
the people as well as to the defendant in
this case
Upon the first proposition suggested,
/ that the city is not the proper party
plaintiff, 1 have passed upon that propo-
sition before and 1 am very thoroughly
/ satisfied I am right in my Idea of it,
that is, that the city is the proper party
/ under the statutes of this state to bring
this action. Under the evidence intro
duced in this case, it has developed that
there IS bond given, or mortgage given,
rather. upon these premises. and the
question arises now under the pleadings
in this case whether that is an indis-
, pensible party or an absolutely necessary
party to this action in order for the
court to determine it, think perhaps it
would have been proper party to have
been made a party defendant not the
creditors of the road, but the mortgage
of the road, and if trustees were men
toned, they could have been made a
proper party in the case, and all those
rights could have been determined In this
action. I do not think it is absolutely
necessary that they be brought in, how
ever, in order for the court to determine
the rights between the city and the
present defendant in the case. 1t is true
it might be source of further litigation
~ hat
not being in here.
Now, so far as the evidence in this
case is concerned, it shows conclusively
that the defendant in this case at the
time Of the commencement of this action
had violated every term of the contract
in relation to the maintenance of the
road, and, in fact. everything connected
with it, except the prior building and
commencement and the operation Of this
road. Under the evidence in this case it
shows that at the time this company got
possession of this road they had from
eighteen. I think sixteen at least. TO
twenty-four cars in operation. with mo-
tors They were running them with a
population of less than we have at the
present time or at the commencement OF
this action. According to the evidence
undisputed in this case. and admitted,
for two or three years this company has
absolutely not been attempting to com
ply with any of the ordinances of this
city, either in regard to the time OF serv-
ice, in regard to the character Of the
cars. in regard to the character OF the
line or rails, or. in fact, anything they
agreed to do they have not attempted 10
carry out The president Of the road,
upon complaint Of the city officers. adj
mitted that statement. or that fact.
rather. to be true. and said it was worn
out That was several years ago. Ac-
cording TO the evidence Of Mr.. Sim and
Mr. Church. which we all know 10 be a
fact. they have simply tried to keep this
line on its feet, tried to keep these old
cars going, have not even wasted any
paint upon them. have not wasted any
thing upon them. have not put anything
upon them except TO keep them from alb
solutely falling down Tha; IS sll there is
Of IT, All Of the appliances are IN the
same condition, just simply 30 keep II
moving And under the evidence In this
purpose Of making sale 70 some party;
that IS al there Is Of It just as the
president Of the road said, 20 get rid Of
it as soon as he could 70 somebody that
could run a railroad service or street
car service They were not in that bgsi-
ness except because they had 70 be
Now. upon the second proposition, "a
n whether complaint has been made, o.
course the evidence IN this case shows
that complaint has been msde frequently
al ali times. not only by the city officers,
bat By the citizens. until IS Mr. Church
SAYS. # is q force q habit with the peo-
pie TO make these complaints. and pre-
sumo ;hat IS true. II IS force q HABIT OF
the part % the city ofHcers because tas
people were proddlng them Up AL 1he
time Now they are here with this fran
chise agreeing with the city - certain
Conditions which they have not fulfilled
They are running the system with ths
character 81 cars aere upon the streets
shown by the evidence 10 Be worth 3. A
new car. suitable for this city. under 81
conditions and under the franchise put
by -helr oz-n wines. is worth close =
Thousand dollars That s.. tae car BODY
These care have not All n them sroppe4
20 Dseces. Under lie evidence most o.
them have There are a few. y course
running a-ound here II TIE present tine
That Is The most you can say q them
The fact Is hey would got 60 for ehIsAer
c7aps, 6e-zzuss they are te3 w4nay. tos
airy f0r that purpose Even e1irkea'
eorld not I've f. then e yoz zttsmpt q
Put Fhe1 there.
.-Nen. there 3 aaather r-ap..s.tEsa q