The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-12
Property Owners to Stop the
VineWOOd Railway.
Object to Tracks Being Reestab-
lished on Ninth.
WILL BE ENJOINED.
Suit to Prevent Completion Of
the Work.
VinewOod Owners Expect to
Build a New Viaduct.

The East Side Circle railway is trying
to build an extension on its Ninth
street track from Monroe to Quincy.
The people living on that block are
much opposed to this move, and are
preparing to stop the work by injunc-
ton, and fight the company before
either the city council or the courts, as
it may elect.
A petition to the council IS being cir
culated asking the company be required
to remove that portion of its track
which is already down. and be instruct
ed to proceed no further with the work.
Mayor Hughes and Street Commission
er Snyder have been enlisted to aid the
people on that street. and are in sympathy
with the move to stop the construction
of the track
The railway company is rushing the
work and by Tuesday evening viii
have the track completed. It has been
delayed in completing the track be-
cause of lack of material The material
Will be ready tonight and with another
days active work, the job will be done.
1t is likely that an injunction suit
will be begun Tuesday morning in the
district court.
It is claimed that the East Side Circle,
otherwise known as the Topeka Vine
wood Park railway, has no right to
build its tracks west of Monroe street
Its original franchise, which expires in
1908, specifies that Monroe street shall
be its limit. But the railway company
claims that it acquired all the rights
OF the West Side Circle by purchase.
and the West Side Circle had right of
way on Ninth clear through to Jackson
street.
The old West Side Circle tracks have
laid unused on Ninth between Monroe
and Quincy ever since the railway
ceased to operate its trains When
resolution to prove that block was in
fr-Od nj -
last spring, the city engineer assumed
that the East Side Circle still had the
right of way on that block. He sub
mitted his estimates on the block, al
lowing the railway company an S-foot
right of way
The railway company is perfectly
willing to do its share of the paving,
and has arranged with Richie & Ram
say, paving contractors, to do the work
at the same time with the rest of the
block The company has already laid
its ties and about half OF its rails.
It is evidently the purpose of the rail-
way company to hold fast to its right
of way, with the expectation of some
time reopening its VinewOod park line
and rebuilding its old Ninth street via
duct which the city tore down because
it was deemed dangerous. In this con-
nection it is interesting to remember
that the railway company secured
Judgment against the city for damage
done to the company in tearing down
the viaduct
We are opposed to allowing the
company to occupy this street. said
George Eagle today. because we do
not want a railroad terminal at Ninth
and Quincy. We do not want the
dummy engines going past our HON es.
and we believe that it would decrease
the value Of our property % per cent.
We have consulted attorneys, who tell
US that the company has lost any
rights 1t ever had by failing to use the
track for such long time The peo-
pie on that street viii gladly submit
to a new assessment and pay the rail-
way company's share Of the pavement,
rather than have the railway line build
on that block. Unless the company is
willing to stop its work till the case can
be presented to the council, we VIII
stop them by an Injunction"
City Engineer McCa.be said today:
1.-THE estimates for this block were
made by my predecessor, Mr.. Wise,
and don't know much about the case.
I know that the city has been waiting
for some time for the railway company
to gets it's tracks ready for the pave
ment so the whole block could be paved
at one time. 1t looks to lie that if the
people down there enjOin the company
from putting in its tracks it will have
a case on its hands like the East Fifth