The Topeka state journal., 1902-11-14
He WON'T STOP.
Vinewood Manager Is Appar-
emily Not Afraid.
Mr.. Griggs Serves Notice to
Not Use City Brick.
HE WON'T NOTICE liz.
Now the City Will Try an
Injunction.
Situation Growing More and
More LudicrOus.
HE WON'T NOTICE 1T

Formal notice to cease using the city 5
material to pave its right OF way Was
served this morning by street Coinlllisz I,lIL.sz
0foner Griggs on superintendent " aIu
of the NinewOod Railway CONSTRUCTION
company. and MI Ward fatty refused
to pay any attention to the notice,
Mr.. Griggs at once notihed ,. .. Cllls
Of the cftv's legal department, 10 pre-
mare an applicat tion for temporary IN
junction against the Ninewood company
The suit will probably be filed IN the
district court this afternoon
Meantime. the Vinewood people nave
redoupled their efforts to get away with
all the city's brick they can peloie the
court interferes
The question is why Mayor Parker
does not simply order the police force
10 guard the brick which the city cIalIils Iils
to own and arrest any employe OF the
Viuewood cOmpany who attempts TO use
the brick for paving the NineWood
tracks. The injunction method of stop
ping what appears to be highWay ROD
berry is not often employed.
BEFORE taking any action this morn
ing. Mr.. Griggs called upon David Over
myer
I'm the absence of the city attorney
will you give me some advice on the
discharge of my duty?" asked Mr..
Griggs
Mr.. Overmyer consented to do so, and
Mr. Griggs stated the case.
THE Vinewood company" said Mr..
Overmyer in giving his views on the
situation. lis just like any other power
full corporation. 1t will take everything
1t can get. and go just as far as you let
it. AS far as having any right to use
that paving material is concerned. the
VinewoOd company has no more right
than I have. 1t belongs to the city
Thereupon Mr.. Griggs hunted up Su-
perintendent Ward. When he found that
aggressive guardian of Vinewood inter-
ests. he did not have a chance to talk
first Mr. Ward started the trouble.
I'D like to know who is stirring up
all this fuss about the brick we are
using for our pavement Ward de-
manded fercely. Some chap is trying
to take advantage of McCabe's absence
from town to throw the hooks into us.
Somebody is trying to overrule Nc
Cabe's authority"
I'm the man that is stirring up the
fuss" retorted Mr. Griggs. You've
found Just the right person. Where did
you get authority to use that brick?"
Mr. McCabe, the city engineer, gave
us the authority We are acting under
his instructions, and somebody is trying
to do US up while he is out of town"
Don't you know what the ruling OF
the city attorney was in regard to your
right to use material from the streets?
You were there when he gave it, and we
supposed that you acquiesced in it. The
city owns that paving material. and we
don't propose You shall use it,
Mr.. Griggs then handed Mr. Ward
copy of this notice.
As custodian Of the city property on
the streets Of Topeka, l hereby notify
you to at once stop using anv paving
material whatever that is of value to
the city. such as stone, brick and con-
crete until such time as YOU may have
authority to do so from the proper au-
thorities. GEO. II. GRTGGS,
Supplemental to the above notice was
the following note:
In explanation of the notice herewith
enclosed, Will say that we claim that
your right to construct railway track
on our streets does not carry with it the
right 10 appropriate any valuable ma
terial whatever that the city already has
upon said right of way l may say also
IN THIS connection that I am sustained
In TINS opinion by the mayor and all the
councilmen | have been able to see to-
day GEO. II. GRTGGS
Street Commissioner"
After Mr.. Ward had read the COM
munications. he said: I'VE won't nav
any attention to this. We are going to
use as much Of that brick as we need -
In discussing the situation today. Mr..
Grlggs said; 1t may be that there are
some regal questions involved in this
case which have not yet been developed.
but it certainly seems to be a plain case
OF holding uD the city for all it viii
stand: The city owns that paving mate
rlal believe. and the Vinewood com
pany knows it Mr.. Ward refuses to
pay any attention to the notice which
simply asked that he cease using The
brick until the question of ownership
could be settled by proper authority. He
Goes not seem to want to do the fair
tning, and the only way out of it 1 can
see IS simply to file an injunction suit.
II wouldn't do any good to arrest any-
nody- Ihey would keep right on with
ther work. and the question of who
owns the material can be most quickly
settled by an Injunction
II the courts decide that he citv
owns that material. I believe that there
is no doubt we can make the Vine
WOOD company pay for the D1aferial
which II has already used For that
reason. have not been in anv partic-
ular haste about taking action. If our
claim IS good, we won't lose ANYTHING .
The issues in the case an0ear 10 IL
plain. Ordinance $50. which tooL effaCt
November Is 1887. governs street rail-
ways in general and it says:
Ihat person, partnership. company
or corporation constructing anv street
railway shall pave between ITS tracks
between its rails, and the REQUIRED dis
tance or the outside of the rails in the
str ret, Avenue. alley or lane adiOinine
the tracks, with the same kind ana oI,s1
ity Of material of which the street ave
nue.. alley or lane is paved, unless SONS
other pavement is designated bv the cit1
council by proper resolution"
1t is evidently the intention of This or.
dinance that railways shall pay for nav.
ing their own right of way and that tn.
city shall not be expected to furnish
material for the same
II Is expected that City Engineer. Nc
Cabe viii be home Saturday from 7 cav.
enworth, and he may have some ex.
planation for the deal" which Sunerin.
tendent Ward claims to have made witt
stoTa. < III
SARGENT WILL SEE.