The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-23
CARS RUNNING AGAIN
Street Railway in lstody of
Mr.. Nelson
PENDING PAYMENT OF TAX
Over 1900 of Amount I'm
coIIectabIe as Tax Levy.

As was predicted in the Eagles article
Concerning the attachment Of the street
railway property by the sheriff W'ed'nes-
dav night, the trouble was adjusted so as
Ia permit the company to proceed. with
its business yesterday afternoon. The
cars were not allowed to leave the barn
yesterday morning, and all laIoor had
ceased on the building of the Topeka
avenue line which had progressed so
nicely. By the extraordinary efforts and
Quick decisions Of Mr.. Nelson, the SUPER
tntendent of construction, the prop eTty
was released temporarily by oaclbck
and the cars were started again The
law permits the sheriff to name calsFo-
dian for property seized for taxes, AND
Sheriff Simmons named Mr.. Nelson, the
letter receipting the sheriff for all prop
rty named in the attachment papers ana
agreeing to turn it in to the sheriff on
demand. Afr. Nelson is therefore in
charge of the property as custodian for
the sheriff.
1t seems that there IS a gross error in
the amount claimed by the county against
the street railway as taxes. As far as
could be learned yesterday there Is not
more than $500 due the county as taxes,
the balance Of 81, 800 being an installment
on a street paving contract which the
old company had neglected to pay. The
street railway company had made ten
der of taxes based on a valuation OF Sz9,-
COO to the county commissioners, winch
the company claims is full value of the
property On this valuation the assess
ment should have been 1888 which the
COMPANY thought was fair and just
Based on this valuation the taxes would
be about $500 The old paving debt IS
simply debt and not taxable item at
all, but when the old company failed to
pay last years installment Of the debt
1t is understood the city clerk certified
the amount into the county treasurer as
taxable item. The street railway COM
pany, it is claimed, is not liable for any
paving tax at all, the law stating that
such improvement must fall on abutting
property owners. But when the pavement
was put down a contract was entered
into between the city and the company
for the pavement of the streets between
the rails of the track, the company agree
ing to pay so much a year for ten years.
This contract was not very well drawn
in legal sense, and the company failed
!n several Of its installments. The city
sued the company to collect these in
stallments, but lost in every suit. The
report circulated yesterday that the may
or had agreed to rebate the paving tax
was wholly erroneous. Mayor Ross has
no power to rebate taxes if he so chose,
and the city council would not consider
a rebate on paving tax. Put a verbal
agreement exists Between the city ana
Mr. Mckinley of the new company to
the effect that the city would not sue
on the contract the last payment OF
which was due about the time the new
deal for the street railway property was
nearing completion by Mr.. Mckinley, but
that if Mr.. Mckinley succeeded in get
ting a purchaser for the property who
would rebuild it and give the city an
up-to-date street railway the old paving
contract should be terminated and the
last payment should not interfere with
the new company. The city could not
have collected it any way, but Mr.. Nc
Kinley states at the time that his COM
pany did not and would not buy a law
suit.
1t is very likely that the city council
will take formal action on the paving con-
tract at its next meeting and that an
county commissioners regarding the coun-
no VIII oh
one thought would be serious yesterday
will not amount to much, and the people
will be able to ride to Riverside in fine,
new summer cars on the Fourth of July.
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