The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-06
PERFORMED IT'S PART.
Filling Of Space Where Tracks
Were Sufficient.
Council Accepted Conditions By
Remaining Silent.


liable for the repairs of the pavement,
and that the mayor and council can
order the property holders to make the
repairs without waiting for a petition
The council took no action on the
opinion. merely ordering that it be
filed 1t is practically certain that no
effort will be made to compel the street
railway company to pave its aband-
Oned roadbed, and that at some future
time the property holders on East
Fifth street viii be called upon to re-
pair the damage which the street car
company did.
The opinion is a lengthy one. and the
substance of it is given in the closing
paragraphs. Mr.. Spencer devotes three
typewriter pages to a careful review
of the history OF the case. together with
citations from various ordinances and
actions of the council. The opinion
concludes as follows.
AT a meeting of the council held
October z. 1895 the following resolution
was passed:
Resolved. by the Mayor and Coun-
cilmen of the City of Topeka: That
the Topeka Railway company be and
IS hereby directed to remove all old
material now on Clay street betW cen
sixth and Eighth avenues. Fifth street
between Clay and Lane streets. and
Fifth street between Quincy street and
the A T. & ; +. railway tracks and
place said streets in passa Bile condition
within 80 days from this date, and that
a certified copy of this resolution be
served on the president of said COM
pany by the city clerk
Pursuant to the above resolution,
notice was served on the Topeka Rail
way company. and on October Is and
16 following the said railway company
removed its track on said street
There was no provision in the char
ter of the Topeka Street Railway COM
% on
right of way by said company in case
II should take up It's track and cease
to operate its road on any street
But while this is true the said
railway company was undoubtedly
bound to put said roadbed in repair by
filling the same with some material to
the level of the rest of the street, so
that persons and vehicles could travel
over said street without danger OF in
jury to person or property, and the re-
Quirement in the resolution that said
railway company place said track in
passable condition was proper and
After the injunction was dissolved
BY the disn issal of the suit. and in
October, 1895. it removed it's track pur-
suant to the order of the mayor and
council and filed up its track or road
bed to the level OF the street, and
placed the same in passable condition
as required by said resolution. as 1 am
informed.
In my opinion. the removal Of it's
tracks from said street in 1895 and the
placing OF said roadbed in passable
condition pursuant to the order of the
mayor and council. taken in cOnnec-
ton with the lapse of nearly six years
since that time, amounted to an ac-
cepEance or recognition of the aband-
onment of the Fifth street line and
terminated the Obliga tions Of the street
railway company in regard to said
street under its charter.
AS said Fifth street where said
track was torn up lies between two
parallel streets already paved the
mayor and council can by resolution
and without petition order said space
or right Of way to be paid for as in
other cases-the intersections and
areas by the city out of the general
inprOven ent fund or by the issuance
OF improvement bonds. and the bal
ance thereof to be paid by special as
sessment against the property owners
fronting on said street
"CHAS SPENCER.
City Attorney
SEVERE ON T. E DAVIS
The council approved a lot of 81. 900
plumbers bonds to protect the city
against damages due to defective
streets When the bond Of T. E. Davis
was reached, the city attorney remind
ed the council that Mr.. Davis was re-
sponsible for the Beeler damage suit
which cost the city s150 The council.
on motion Of Mr. Bergundthal. voted to
give Mr.. Davis no permit to
city all it lost on account of the Bseler
damage suit.
CLAIM FOR 5000.
The claim of Mrs Druseua Woodan
for 5000 damages for the death of her
husband, Dave Woodan, who was an
electric lineman, and was killed in Pot
win on July IS was presented to the
council and referred to committee on
electric lights.
The claim Of S. W. Callahan for s1s5
damages to his horse which fell through
an alleged defective bridge was referr-
ed to committee on ways and means
Claims were filed by Albert Edward
and Monroe Manning for 1864 and $40
respectively for extra work at the cleo
trio light plant Mr. Edwards and Mr.
Manning's claims are for extra hours
of work They claim that the S-hour
law ought to be enforced in the matter
of city employees. The claims were re-
jected.
Plezzie A Anderson fled claim for
$500 for damages due to the changing
OF the grade of Seventh street in front
OF her property
DAMAGES BY FLOOD.
Complaints We're filed by Joab Null
vane and George Ktmmerle in regard
TO the bad condition OF the city sewers,
which caused their cellars to be flooded
by the recent rains. They did not ask
for damages, but warned the city to
not permit the stoppage of sewers to
again occur Mr. Mulvanes building is
the new five story block being erected
for Parkhurst-Davis Mercantile COM
pany. Mr-Kimmeriey's place is in N0rth
Topeka
WANTS MORE MONEY.
Charles Gault appeared before the
council IN behalf Of Frank Quinton, and
protested against the valuation Of 81
csc which was set on the four Cuinton
lots on Central Park. MT Gault said
that MI QuintOn would snJOin tbs