The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-11
HAS STARTED SUIT
James S. Campbell Enjoins
the Street Gar Company
FROM REMOVING TRACKS
From What is Known as the
Old Paramount Line.

a temporary injunction was granted
yesterday by Judge Haymaker of the
probate court in the absence Of Judge
Dale restraining the street railway
company from removing their rails, poles
ties and other property from the line
which runs from Washington avenue
east to the end Of the Paramount line on
Fairmount avenue.
The case was brought by James s.
Campbell who has considerable property
in that vicinity. It was fled in the dis
trict clerks Office yesterday and imme-
diately taken before Judge Haymaker
after an afidavit had been made that
Judge Dale was known TO be out of the
city.
Mr.. Campbell in his petition states that
the line is now operated on property
owned by him at the time the line was
built, a small portion Of which has been
sold TO Fred L. Bailey and that he had
only consented to the locating Of the line
on the conditions that the line should be
constantly operated by the street rail-
way company.
The line was constructed in 1883 and
was to be operated from that time for
period of twenty years. The plaintiff
also says that the company has never
secured a right Of way from him and
furthermore that he had offered the COM
pany a bonus of a sum Of money
amounting to $4,000, which had been ac-
cepted by the company. and had been
expended by the company for material
to build the line In addition to this.
Mr.. Campbell claims to have furnished
sl25 to the company to assist in the con-
struction Of the wooden bridge over CHS
holm creek on Fifteenth street, now used
by the present company.
Mr.. Campbell also claims that the
franchise which had been granted to the
company which had built the line on
Fifteenth street had been annulled and
that the money which he had paid to
the company had never been refunded to
him The present company claims 10
have purchased the lines of the old COM
pany and at the present time are about
20 remove the property known as the
Fifteenth street line to some other part
Of town. He asked that they be re-
strained from doing this and claims that
If the company does remove its line that
damaged
same.
During the period in which the line
was first operated Mr.. Campbell caused
to be laid out number of town lots near
the street car line. and in fact this was
one Of the inducements for the people to
buy Them. A number of houses were
built along the line and at the present
time there are many people dependent on
Al
city.
By taking the line from Fifteenth
street, the property which Mr. Campbell
and others own would depreciate in value
and many Of the houses. it is claimed,
would be Immediately vacated.
judge Dale IS out of the city but after
his return the case will be brought up
IN the district court and it viii then be
determined whether the temporary in
junction viii be made permanent
There has been much agitation since
the present company took charge of the
old line TO ascertain just where the Fair
mount line would be placed. The fran
chise granted the company stated that
Il would run 10 the cemetery and Fair
mount by way of Murdoch avenue and
Ninth street and then north from the
cemetery over Hillside to Paramount A
short time after this plan was discussed.
it was stated that the company would
repair the old line on Fifteenth.
For some time the mater was not
brought UP but it was rUmored around
that the company would run their line 10
the cemetery and -FairInount in conjunc-
ton with the east Douglas avenue line,
running north from Douglas over Hill
side and then to Fairmount from the
cemetery.
The company, it is said have made no
definite statement as to what they would
do but as they are nearly through with
the work on the College Hill line, the
matter viii soon be brought up.