The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-25
OWES THE CITY.
YinewOOd Company Must Pay
$1,000 for Brick.

The Vinewood Park railway owes the
city of Topeka about $1,000 for paving
material which it has used from the
streets through which It has built its line,
and Mayor Parker has announced that
the railway company will have to pay
up.
This is another result of the ruling of
City Attorney Spencer that the paving
material on the streets which is torn up
by the NinewoOd company belongs to the
city and not to the company Before this
ruling was made the NineWOod company
paved three blocks of their right of way
with the city's material and parts OF
three other blocks. Roughly estimated
this is equivalent to about five blocks
and the value of the material per block
is between 500 and $500.
When Mayor Parker was asked yester-
day as to what the policy of the city
would be concerning the paving material
which the Wildwood park road has al
ready used, he said ernphatically:
They will have to pay for the material
of course. The same rule applies to that
material, so far 1 can see. applies
to all the rest of the material which the
city has since taken possession of. We
have 5000 bricks stacked up here back
of the city han which the Ninewood line
has surrendered. and our title to the
brick which the road used is just as good
as it is to those which we have in our
possession. 1 don't believe there will be
any trouble to collect a fair price for the
ma terial which has been used"
How viii the city go to work to col
lect the bill? ?"
IN the first place we must determine
how many brick have been used by tho
Vinewood company. This I believe will
be comparatively easy. The council
should then determine what price shall
be charged for the brick. Apparently it
is pretty well settled that the brick are
worth about $3.50 thousand to the city.
This matter might be settled by a con-
ference with the Vinewood people"
What if the Ninewood company re-
fuses to pay for the brick?'
''Wel, under those circumstances. 1 be-
lieve that the city would be justified in
going to work and taking up the brick
and putting them with the others which
we have stored back of the city hail.
The firm stand which Mayor Parker
has taken puts the issue squarely before
the city council. 1t is for the council to
decide how much the city shall get out
of the brick.
/ City Engineer NcCabe and Street Com
missioner Griggs are equally positive
as the mayor that the city is entitled to
pay for the brick which the Vinewood
company has used. Mr.. McCabe says:
IF the city attorney holds that the
brick belong to the city ! will certainly
do my part to see to it that We get all
/ that is coming to us"
| Street Commissioner Griggs says: THE
council ought to send in its bill for the
| brick which the company has used. The
city is entitled to pay for these brick,
and we should not hesitate to demand
our rights.
There are some members of the city
council who always fight for the Vine
wood road when its interests conflict with
the welfare of the city, and these council
men can be counted on to oppose any
move to make the company pay for the
material which it used before the city at
torney made his ruling. The city attor-
ney was out of town on the gas business
1 when the question first came up. and as
soon he returned, he made the ruling
which resulted in the city taking posses
sion Of all the brick which the company
had torn up When the matter comes be
fore the council there is pretty certain tC
be bitter contest between the NinewooC
faction and the other members who wan
the city to get everything possible from
the company which has successfully man
aged its free franchise grab. The com
\ pany secured a franchise worth many
thousands Of dollars for mere pittance
and it is entitled to no further gratuitie'
from the city.