The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-07

That said wires are so improperly and
insecurity supported as to render them
unsafe for use in conducting dangerous
scurrents of electricity along the same.
That the said defendant has for a long
time and is now constantly and wholly
disregarding the terms and conditions
upon which it was granted the right and
privilege to operate and maintain line
Of electric railway over and along the
streets and avenues of said city; that
said defendant has thereby forfeited to
said city all the rights, privileges and
franchises granted to it or its assignors
under the provisions Of the ordinances re-
ferred to herein.
That the continued operation and main
tenance Of said lines of railway consti-
tute a menace to the rights OF the citi-
zens of said city; that the presence of
the few old. tumbled-down, worn out and
unsightly cars used by the defendant
upon the streets of said city causes said
city and the citizens thereof great and
irreparable damage for which the said
city and the citizens thereof have no ade-
quate remedy at law; that the tracks,
overhead wires and cars used by said
ated and maintained by the defendant in
such a manner as to render the same a
public nuisance which should be abated
in the interest Of said city and the pub
lie.
That the mayor and councilmen Of said
city of Wichita duly passed ordinance
No. 1927, approved August %, 1898. a copy
of which ordinance Is attached hereto,
marked Exhibit D." and made part
hereof as fully as if the same were set
out in full herein. That by the provis-
ions of said ordinance No. S37 as amend
ed by said ordinance No. $50 was repeal
ed and the lines Of street railway now
operated by said defendant declared to be
an obstruction to the public streets of
said city and a menace to the safety of
the travelling public; that the said de-
PENDANT had due notice of the passage Of
said ordinance No. 1927.
Wherefore plaintiff prays for judgment
against the defendant, declaring all
rights privileges and franchises hereto
fore granted or intended to be granted
by the ordinances of said city to the said
defendant or to any company under which
said defendant claims the right and privi-
lege to construct, operate and maintain
a line of city railways along the streets
and avenues Of said city. to be forfeited
10 said city, and that all contracts au-
the same be cancelled
That said defendant be required to re-
move from the streets and avenues Of !
said city all its tracks, cars and appur-
tenances thereunto belonging and 10 put
said streets and avenues in thorough re-
pair in such manner and form as may be
described by the mayor and councilmen
of said city, as provided in section IS of
ordinance No. 837, and further that said |
defendant be enjoined and restrained /
from operating its cars over and along |!
its lines of railway IN said city pending |
the final hearing Of this action, and that |
upon such hearing said defendant, its |
and assigns be perpetually en- |
joined from operating and maintaining |
any line or lines Of electric railways over |
and along any and all Of the streets and |
avenues Of the said city Of Wichita, and |
for costs. A. E. HELM,
Attorney for the City of Wichita
The petition was set for a hearing before |