The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-21
Street Car Company Puts Up
$4,000 Forfeit
ACCEPTANCE is SIGNED
Suit for Injunction Dismiss ed
at Cost of BatCheIder.


York city for $1,000, drawn by J. c.
Libby, assistant treasurer of the Port
land Trust company Portland, Maine.
The draft was sent by Edward Woodman
as the forfeit deposit given to guarantee
that the new street railway win be re-
paired within 100 days and entirely re-
built within one year.
City Attorney Helm deposited the draft
in the Kansas National Bank and Cashier
Martin issued a certificate of deposit to
City Treasurer Judge Glenn.
This acceptance Of the street car fran
> chise was filed in the city clerks office.
Wichita Kan, Jan 20. 1900.
To the Honorable Mayor and Council
men:
Gentlemen: I hereby accept the terms,
conditions and provisions of ordinance
No 1911, approved December p 1893. and
published December 23 1899, and author
ize the city clerk to file this as my ac-
ceptance Of said ordinance Very respect
fully, EDWARD WOODMAN.
The following receipt signed by Mayor
representative of the new company:
Wichita, Kan. Jan. 20, 1900.
The city Of Wichita, SedgwicIz county,
Kansas. hereby acknowledges the receipt
of the sum of ten thousand dollars go
COO from Edward Woodman of Portland.
Maine, in full payment and consideration
TO said city for the rights, privileges and
franchises granted to said Edward Wood
man, his associates, successors and as
signs, by the passage and approval of
ordinance No 1871 approved December |
p, 1899. and published December %, 1893, |
and the city Of Wichita hereby agrees to |
refund to said Edward Wo0dman, his /
associates successors and assigns. said !
sum Of ten thousand dollars (S1006O with |
Interest thereon at the rate Of 4 per cent !
per annum, in case the said Edward |
Woodman, his associates, successors and
assigns are diligent7 and prosecute the
work Of constructing and equipping the
lines OF street railway provided for in
said ordinance, and shall expend not less
than one hundred thousand dollars (S1OO.-
0OO) in said construction and equipment,
within the time specified in said ordi-
nance for the completion of said work
Said sum Of one hundred thousand dol
lars CS10O0OO to be exclusive of all money
paid to the Wichita Electric Railway and
Light company, or its assigns for the old
street car property.
1t is further agreed that in case the
said Edward Woodman, his associate.
successors and assigns shall be prevented
from completing said work within the
time specified in said ordinance by reason
Of Injunction, labor strikes. riots or the
act of God, that the time they are so de-
Iayed shah be added TO the time given in
said ordinance for the completion of said
work. THE CRY or WIHCITA,
BY Finlay Ross. Mayor
The final step in the negotiation that
led to the close of the street car deal was
the following journal entry dismissing
the injunction suit against the old com
pany now pending in the supreme court
In the supreme court Of the State of
Kansas:
The Wichita Electric Railway and Light
company plaintiff in error,
The City of Wichita. Kansas. defendant
in error.
STIPULATION.
1t is hereby stipulated by and between ,
the parties to the above entitled action:
That whereas, said case has been set +
tied and an agreement had between the ?
parties herein that the petition in error :
filed by the plaintiff in error, in this case.
shall be dismissed at the cost of said
plaintin in orrer and all rights of said q
plaintiff in error to prosecute an appeal a
for a review of the proceedings had in a
the district court of Sedgwick county. G
in said case have been waived by c
said plaintiff in error $
II is therefore agreed that the supreme
court may make an order dismisslng this r
ease with prejudice at the cost of the d
plaintiff in orrer. KOS HARRIS.
Attorney for Plaintiff in Error. 4
A Z. HELM. c
Attorney for Defendant in Error b
It viii be noted that Kos Harris. repre- Fl
'enting the old company, and Mt Helm.
representing the city. sign the agreement. b
Which was reached only after Mir. Sim V
lad settled the costs Of the suit, 1862 s.. Il
With Mayor Ross and Mr. Helm. That g
s. CITY Attorney Helm won in his suit a
n the district court TO prevent the opera q
ion Of the old line. The company APP \
'ealed 10 the supreme court and the q
ibove journal entry dismisses the case n
It the cost of the plaintiff. .
The receipt for the $4,000 is given as q
would have been had the street car com :
amy bought the franchise because the :
mere deposit Of money on forfeit would =
'e less binding because Of the city's in =,
b!lity To prove direct damage. The in y,
crest is paid by the hank Tor the deposit
nd Mr.. Woodmau gets the benefit. :.
There is nothing more to do now but =
or the new men 10 build the road. N-ieb- =
IA congratuIates herself. the mayor. CITY -
ttorney and council. Mr. Sim and the =,
len who are fortunate enough to Set :,
hold Of as good thing as street car :,
ranchise in as good town as Wichita. HI
BISNARCK-S IRON NERVE di
Was the result Of his splendid health. IN
ndomitabie viii and tremendous energy d.
re not found where stomach. Liver. pc
-idieys. and Bowels are out of order. If er
on want these qualities and the success Il
ley bring, use Dr. Kings New Life {"
ills. They develop every power of brain m
nd body. Only 25c at G. Gehring,s drug Al
ore go
FROM Mr.. STRATTON be
ellis Why-Tfichita Couldn't Get state vi
Fair. Annronv-farFo,