The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-15
TOO MANY LooPHoLEs.

No matter how strong the sentiment
may be in favor of allowing the Vine
wood Park railway to lay it's tracks
on the streets of Topeka and install
a new electric line between the city and
Vinewood park, it must be admitted by
those who consider the question inn
partially that in it's present form the
proposed franchise is not satisfactory.
Topeka has had some experience of
what it means to tie itself up with
franchise for long term of years. 1t
is easier to get in than get out. When
the waterworks franchise was granted,
20 years ago, it seemed to be all right.
Now it is mountainous obstacle in the
way of city ownership. The experience
with the waterworks franchise should
teach Topeka to beware of loosely
drawn franchises,
The Vinewood park franchise is full
of loopholes, and here are a few of
them:
The proposed new franchise purports
to be an amendment to ordinances 796
and S42 passed in 1888. In 1891, the city
council by vote, revoked those franchis
es ON the ground that the company had
failed to operate its cars. The city tore
down the company's viaduct at Ninth
street, because it was dangerous and
likely to fall. The company sued the
city for DANA ges, and secured a verdict
in the district court for 81. 00O This case
was appealed, and will soon be argued
in the supreme court. Last fall the
company attempted to lay an additional
block of track on Ninth street. between
Quincy and Monroe. The people on the
street objected, and the city council
stopped the work by injunction. still
holding to the theory that the old ordi-
ance had ceased to exist, and the COM
pany had no right to lay track in the
city. This case is still in court.
Now the Vinewood Park company
proposes to amend these long-since de-
funct ordinances. Nothing is said about
the pending litigation. If the city coun-
Gil passes the amendments, it knocks
out the props upon which it has stood
since 1891. 1t becomes liable for $1,000
damages.
No provision is made to protect the
city.
Furthermore the city has as yet re-
ceived no formal assurance of real value
that the 100000 in improvements will
be actually made.
There is another loophole in the mat
ter of a yiaduct. 1t is possible for the
company to build a cheap wooden via
duct instead of a steel one. and still
keep within the terms of the franchise
The franchise proposed permits the
company to tear up the asphalt pave
ment on Quincy street and lay it's track
there. The road does not compensate
the people who paid for this pavement.
The right of the people on that street
should be respected. Besides this street
should not be invaded by street railway
t. he hoe rod
thoroughfare in the city.
The existing city railway also has
certain rights which should be respect
ed True there is no agreement on the
part of the city to keep out competing
lines 1t is also true that the city rail-
way might adopt another system of
distributing transfer checks But as it
is, the city railway has a valid objec-
ton to the proposed plan of running
the Vinewood Park cars into its trans
fer station. While the city owes no par
ticular debt of gratitude to the city rail-
way yet it deserves to be accorded
fair treatment in this proposed fran
chise.
Finally, the city has no means of be-
ing certain that the proposed new fran
chise is not being virtually granted to
the much talked of Kansas City electric
line The Kansas City line needs a
Topeka terminal 1t could get ii only
by purchasing either the vinewood park
road or the city railway. The Vine
wood park road would be exactly what
it needs, no more and no less. The
Vinewood park road proposes to build a
big electric power house The Kansas
City road needs that. The Vinewood
park road proposes to put in a new
track The Kansas City road needs
that. The Kansas City road wants large