The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-29
COME TO A CLASH
City Railway and Vinewood Line
in a Conflict.
Question Is Who Will Get Fifth
Street.
STARTS TRACK LAYING.
Mr.. Bakers Forces Take Pos
session of Street.
Force of Men Put to Work This
Morning.
Says He Is Forming Loop to
Santa Fe Depot.

Toablock the Vinewood Park railway
in its plan to build a line to the Santa
F'e depot, the Topeka City railway this
morning started a large gang of men
at work laying track on East Fifth
street between Jefferson and the Santa
Fe depot, the plan being to loop the
block west of the Santa Fe depot and
occupy both Fourth and Fifth street
terminals.
An ordinance granting the vinewood
park road right of way down Fifth
street to the Santa Fe depot was all
ready to be introduced at the council
meeting Monday night. Somebody let
this cat out of the bag, and the cat evil
IDENTIFY went direct to the office of c. C.
Baker, president of the city railway
The result was the sudden determine
tion of the city railway to sieze Fifth
street.
In putting In our track to form a
loop at the Santa F'e depot" said Mr..
Baker this morning, 1--WE are simply
carrying out the plan we have had for
many years. We secured from the
Santa Fe railway permit to build in
Holiday place, which is the private
street along the west side of the depot
We will build west on Fifth to Jefferson.
and north on Jefferson to connect with
our Fourth street line. We will have
Our attorneys assure US that because we
removed our track from Fifth street
some years ago does not affect our right
to relay it,
isn't this move to keep the Vine
wood Park railway ont of the Santa F>e
depot?" was asked Mr.. Baker
II the Vinewood people think that we
are going to surrender our rights and
privileges in this city without strug-
gle, they are mistaken was the reply
The city railway applied to the city
engineer this morning for a permit to
excavate in the streets where it is now
at work. Mr.. McCabe city engineer
was afraid that the company had for.
feited its rights on Fifth street by aban-
doning the Fifth street line in 1892 and
asked for advice from the city attorney
The city attorney advised him to grant
no permit but allow the city council tc
act on the question. The company
therefore filed formal application for
permit, and went to work hammer and
tcngs without permit to build the road
before anybody could get out an in
junction suit to stop the work. The rail-
way company claims that it does not
need permit; that it's franchise gives
tfull authority to build its line on any
street in town, and that the formality
OF asking for permit was merely an
act of courtesy to the city.
Frank Kelley, manager of the Vine
wood Park railway. was asked this
morning if the Vinewood company is
preparing to file on injunction suit He
replied:
7 don't know yet don't know any.
lthing a bout anything"
.'Over what streets is the Vinewood
company preparing to ask the city
council for a franchise in the inamediate
future?" was asked.
4 don't Know" said Kelley again.
we may ask for some franchise next
spring"
The Xinewood people are trying to in
duce City Engineer McCabe to cause
the arrest of the officers of the city rail-
way on the ground that the railway has
no permit to excavate in the streets.
to- .1.o
affair.
Even if should have every man on
the job arrested, and the officers too"
said Mr. McCabe this morning, "thes
would simply give bond and go to work
again. An injunction is the only way
to stop the work"
The company is also very desirous
that the city resent" the attempt of the
city railway to relay its tracks on Fifth
street. and commence an injunction in
the name of the city. This could not be
done without a special meeting of the
city council, and up to the present time
nc meeting has been called
City Attorney Spencer is reticent in the
discussion of the fight, and will give no
opinion as to what the city should do, or
what right the city railway has to relay
its tracks on Fifth street. However the
Fifth street right of way muddle has been
up before Mr.. Spencer once before and
he prepared written opinion on the sub
iect which throws some light on the pres
ent SITUATION In 1872, the city railway
started to tear up its tracks on Fifth
street. its purpose being to abandon the
line from Kansas avenue to the Santa Fe
depot and run its cars Fourth street
instead The city stopped the destruction
of the track by Injunction. After the
thing had dragged along for some time
the city ordered the company to remove
it's old ties and rails, and leave the street
in passable condition. The present abom-
Unable condition of the street shows the
present status of the controversy The
city council recently proposed to compel
which it had abandoned. and City Attor-
ney Spencer, in his written opinion. held
that this could not be done. He said:
I'm my opinion the removal of its
tracks from said streets in 1895 and the
placing of said roadbed in passabIe condi-
ton pursuant to the order of the mayor
and council, taken in connection with the
| lapse of nearly six years since that time
amounted to an acceptance or recognition
of the abandonment of said Fifth street
street railway company in regard to said
street under its charter.
There was no provision in the charter
of the Topeka street railway company as
way by said company in case it should
take up its track and cease to operate the
road on any street,
This opinion was delivered on August 8,
1901
The charter of the city railway gives the
company the right to lay a single or dou-
Bile track on any street in town. without
reservation
This morning Mayor Parker was waited
upon by c. K Holiday. Chas. Rahrer and
Henry Felker. East Fifth street property
owners, who filed strong objection on be-
half of East Fifth street people against
allowing the street railway company to
reoccupy Its old right of way. The people