The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-18
KNOCKED OUT.
City Council Refuses to Grant
VineWOOd Franchise.
Pending Suit in Supreme Court
is the Bar.
TALK OF COMPROMISE
New Ordinances May Be Intro
duced Later.
Park Proposition to Be Submit
ted to Vote.

When the city council adjourned last
night, after knocking out the proposed
Ninewood park railway ordinance, it
held an informal programme in the
lobby of the council chamber, where
more real progress was made toward
settlement of the Vinewood park inn
broglio than had been made at the
council meeting proper.
An impromptu debate was pulled off,
in which Mayor Parker and City At
torney Spencer appeared for the city.
and Attorney Tom Doran and l. S.
Myers spoke in behalf of the Vinewood
park railway.
You fellows might as well under
stand just what sort of a proposition
you are up against" said Mayor Parker.
That's business" exclaimed Mr..
Myers, who is the contractor who hopes
to build the proposed electric line for
the Vinewood park company.
Il am not much of a hand to dodge
the question: said the mayor. and then
added, after a moments reflection, lex
cept in regard to my policy concerning
the joints
Go ahead and tell us what you
want" said Mr.. Myers. I'm not afraid.
I've gone up against too many of these
things to be scared
The sticking point is in regard TO
this pending litigation between the city
and the Vinewod park railway" chiIned
in the city attorney.
well, why didn't you say so in the
council meeting?" asked Mr. Doran.
That's exactly the bar you are up
against" said the mayor. I'VE want
to wipe out all this past business and
start with a clean slate. 1 can't talk
for the 'councilmen, of course, but am
under the impression that they want
this old litigation Strengthened out be-
fore they talk with you any further"
Then why don't you make a propo-
sition to us that if we will drop all
pending lawsuits you will give US the
franchise?" said Mr.. Myers.
Il think that is about what the issue
is just now said Mr.. Spencer.
I'VE are not going to give the city
anything for this franchise-you can
count on that said Mr.. Myers. I'VE
are putting enough into the business
without that If you have any propo-
sitions to make with us, call your coun-
ell together and talk business. We are
ready TO entertain any propositions you
may offer What we want is to get this
thing onto business basis, and get It
there quick. We have no time to
waste"
IF it would be more satisfactory to
the city, we will reincorporate the Vine
lawsuits where they stand,'f said Mr..
Doran.
But that wouldn't relieve the city
any" said Mr.. Spencer.
'-Oh. no; we don't propose to drop our
lawsuits voluntarily" said Mr.. Myers.
with decision
1t was evident from the trend of the
conversation that there is a strong SEN
timent on the part of the city to grant
the Ninewood park franchise provided
the city Is relieved from liability for the
$1,000 judgment which the company
holds against the city.
But there is no disposition to grant
the franchises without some such con-
ceSSlon by the company This was
shown by the unanimous vote of the
council in favor of the following report
of the judiciary committee, which was
submitted at the meeting:
Your committee on judiciary, to
whom was referred the two ordinances
granting franchises to the Topeka &
Vinewood Park Railway company,
herewith report that we recommend
that said ordinances be rejected
The report was signed by W. s
CLANCY and NJ. Snattinger. James A
Troutman, the other member of the
committee, did not sign the report as
he was not present at the meeting of
the committee yesterday afternoon.
After this adverse report had been ur.-
anirnously adopted by the council, L. s
Myers. representing the company, asked
to be allowed to speak He stated that
had drawn up two entirely new ordi-
nances, which were in substance the
sane as the 1888 ordinances except that
they provided for a steel viaduct at
1W0IIlH ana PROVIDED Tor an adj
dition to the right of way so that the
company might build a loop around the
block bounded by Quincy street, Eighth
avenue, kansas avenue and Ninth
street.
The new ordinaces make no provision
for disposal of Sthe pending litigation,
nor for a guara ntee that the work will
be done as proposed, nor that the Vine
wood Park company will not sell out to
a Kansas City electric line nor that
Ia a n ion TO
perty owners on Quincy street where
the asphalt pavement will be torn up to
make room for a right of way.
Mr.. Myers said that the plea of the
city railway in regard to interference
with its transfer system was of no
weight, because the present transfer
system is Anticipated and inconvenient
to the people of the city, and is not fol.
lowed by any other street railway in the
United States. He claimed that the
street railway should grant transfers az
all junction points with other lines.
Mr.. Myers laid before the council the
two proposed ordinances and they were
referred to the Judiciary committee. 1t
is probably the first case on record
where a person not a member of the
council introduced ordinances and got
them referred.
The Vinewood Park company won a
victory at one point. Councilman Snat-
finger introduced a resolution stating
that it was the sentiment of the council
to grant the Vinewood Park company
a franchise provided the franchise
should be drawn uD in a manner salts
factory to the city. This resolution was
also sent to the judiciary committee
without opposition.
The council will meet on March IS for
the purpose of taking up these proposed
ordinances.
WILL PARK BONDS CARRY?
By a unanimous vote, the council de-
cided last night to give the people of
the city chance to vote on the issu-