The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-03-14
! Register Today. !
WILL DECIDE TODAY
Judge Hook to Act on City'8
Demurrer in Forfeiture Suit
$4,000 is INVOLVED
C. A. Brooks Sues City TO Re-
cover Forfeiture Money.
$4,000 is INVOLVED

Judge Hook IN the United States dis
triet court viii decide today the demur-
rer Of the defendant in the action OF
Charles A. Brooks against the city Of
Wichita
The case involves some $4,000 and IS
Of great consequence to the city. It has
also created much interest in legal cir
cles because Of the contention Of the
complainant to the action
Charles A Brooks was the financial
hacker for the Wichita Street Railway
company, which proposed to construct a
new street. car system in this city under
the Batcheldor franchise which would
give them the right Of way for twenty
years. n 3. Church. Boston promoter,
came to Wichita IN the summer of 1897
and appearing before the city council re-
quested franchise to build a street
railroad as well as an electric light and
power system.
He represented to the city council that
his company would set about within a
reasonable time to lay new rail and i'm
prove the existing system generally
Without much delay the city council
voted favorably upon his proposition and
he was given a franchise, which de-
manded that he begin within a reason
able time, which was scheduled, to build
the new road II B. Church then re-
turned to the east and attempted to
float bonds for the building Of the sys-
tenn
His brother, W. Q. Church, was left
in this city as the local manager Of the
concern It is said that Mr.. Churches
efforts to have bonds bought up were
without success
Meanwhile, the city council became un-
easy about the matter and demanded
that work begin on the new road at once.
Mr. Church tnereupon requested further
time and was granted the same by the
council But the time expired and no
road was being constructed. The coun-
ell made another demand for the i'm
mediate construction of the road and this
met with another request for further
time on the part Of Mr.. Church The city
council then demanded as an evidence
Of good faith, the company, OF which
Mr. Church was the head give a cash
bond of $4,000 Charles A. Brooks Of
Boston, came to the rescue Of the cons
pany and put Up the cash bond with
the understanding that unless the com
pany perform its part Of the agreement
within the time specified, the entire
amount would be forfeited
Briefly told. the company failed to per
form its part Of the contract. and the
city council thereupon declared the cash
bond forfeited. Mr.. Brooks at the time
made no special objection to the trans
action and it was not long until the COM
pany now operating here, obtained g
franchise from the city and Immediately
set to work 10 improve the road.
Some time last October. Kos Harris
for Brooks, served notice upon The
mayor and city council that unless the
forfeiture money was returned. legal pro
ceeding to recover would be instituted Fl
the United States court. Council refused
to return the same and the suit to re
cover was the result.
The contention of the plaintiff in Thu
action is that the city did not give hin
sufficient time to fnlhu the contract HI
alleges that he should have been givel
an opportunity TO comply with the con
ditions of the franchise, after Mr. Churcl
had failed to do SO.
on the other hand, the city. which 4
represented by city Attorney Helm
David smyth and c. V. Ferguson, assert
that 70 was not compelled TO Recognize
Brooks in the matter at all and that tn
city Of Wichita is not responsible TO
any representa- tons that Church mal
have made to him. The city maintain
that he was not known ia the transac
ton at all though he had furnished tn
10000 forfeiture bond. The attorneys 70
the city demurrod to the evidence i'm th
petition and it is Upon this that Judg
Hook vii lrender a decision this morning
II The demurrer Of the city IS sustains
the matter viii be ended for the present
at least If on the other hand il is de
clared 10 lie not well taken. the case wH
De heard upon its merits at once.