The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-05-05
He WILL VETO IT.
Mayor Parker Says He Won't
Sign VinewOOd Franchise.
He VIII Recommend Adoption
of New Section.
PROVIDES FOR FORFEIT
Company Required to Pay
$4,000 If Road Isn't Built.
May Be Other Weak Places
Patched Up.

Last Thursday the State Journal re-
ported that Mayor Parker would veto
the Vinewood Park railway ordinance
and recommend the passage of new
ordinance with certain amendments.
Today Mayor Parker confirmed this
report He said:
II have decided to ask the council to
change section 2S. which is utterly
worthless under the present franchise
I have drawn up the section in amended
form. and viii report it to the council
this evening I viii also write short
message to the council, setting forth my
reasons for vetoing the ordinance as 1t
now stands"
will the council try to pass the or
finance over your veto?" was asked.
I don't know and don't care. I am
doing what / think is right and If the
council does not want to accept my sug-
gestions it can do as it likes
There was a conference Of cOuncllmen
Saturday afternoon, and another TINS
raorning, at City Attorney Spencer's Of
flee. 1t is believed that the council IS
practically unanimous in favor OF the
change which the mayor recommends IN
section %. The section as changed
makes it possible for the city to collect
a $1,000 cash deposit in case the road
does not build its line according to the
terms of the ordinance
The attorneys for the WineWOod park
road are making a great fight against
the mayors veto. They want him 10
sign the ordinance. amending the orig
inal section Is. They are willing to agree
to anything to prevent the veto. for if
the ordinance is vetoed it win be neces-
sary for it to be reintrOduced and pass
through the whole gauntlet Of council
men be- its final passage.
The CITY attorney has decided that the
ordinance can not be patched up by
the passage of a separate ordinance, ana
therefore the whole ordinance must be
vetoed and start in at the beginning
again.
The opposition to the proposed rail-
way may have a card up its sleeve
which il will play at the council meet
ing tonight to prevent or delay the pas
sage of the ordinance. 1t may also
have some amendment which it viii
urge fQH passage. This is what the at
I1rneys for the company are AFRAID OF.
They are pretty well suited with the
ordinance as it stands, and they realize
that if it gets before the council again
it is likely to have some of the weak
places strengthened and some further
protection thrown around the citys in
terests. Attorney T. F. DOran ex-
pressed the sentiments Of the company
when he said to a State Journal re-
porter last Saturday that every cOun-
Gilman would have his broadaxe out"
When the ordinance was up before
the council an effort was made by
Councilman Weber to have section %
amended to protect the city. This
amendment was suggested, as it now
develops, by Mayor Parker himself. But
the NineWoOd park attorneys instructed
their faithful cOuneilmen to vote down
every amendment that the company
would not offer TO accept, and so the
amendment to section 28 went down
with the rest.
Now the Vinewood people are sorry
they went so fast, because it may prove
terprise
Attorney T. F. Doran claims that he
does not know whether the mayors
proposed change in section 28 would be
acceptable to the eastern owners of
the road, but he has given the mayor
and council TO understand that it will
be all right to pass the section in the
form Of a separate ordinance The CITY
attorney says that as a separate ordin-
ance, independent of the original fran
chise, the section viii be worthless 1t
IS pfopaple, however, that an effort viii
De mace Dy the attorneys for the road
10 get the cOuncilmen to pass the Ordil-
ance over the mayors veto, and then
pass section 2S as supplemental or
dinance.
The section % Of the original form. as
passed by the council was as follows:
5ald the Topeka & VinewOOd Park
railway company is hereby required tc
ana lt hereby agrees to deposit at the
tllne OF the acceptance Of this ordinance
the sum of $1,000 with the citv clerk of
the city of Topeka as security for the
completion of its railway under the
Irancnlse herein granted WHICH said
sum snail be forfeited to the city of
Topeka if said company shall fail to
complete its said railway within the
time provided for by section 10 of this
ordinance and in accordance with the
provisions thereof; but upon the com
pletion of its road as required by this
ordinance said sum of Sc, 900 shall be re-
delivered to the said the Topeka &, Vine
wood Park Railway cOmpany''
As amended by Mayor Parker. section
IS is as follows:
AS one Of the conditions upon which
the franchise is granted, the Topeka &
Ninewood Park Railway CON panv here
py agrees and binds itself to deposit
with the city treasurer of the city of
Aopeka at the time of the acceptance
OF TINS ORD nance the sum of IS, 600 as Sc
cullty Tor the commencement. c0nsfrl1c-
tion, completion or putting in operation
It's line Of railway which said sum Of
@obuu shall be retained by and forfeited
TO the city of Topeka in case the ga IA
the Topeka q Nfnewood Park railway
shall Tor any reason fail either to com
Aieuce5 construct complete or pllt in
operation its line of railway within the
time and In the manner herein provided
Tor, and to the satisfaction of the naavor
ana council of said city But up0n the
completion of said line of railway and
PutIhs the same into operation within
the time and In the manner herein pro
vided for and to the satisfaction of the
mayor and council the said sum of 81 -
600 shall be returned to the said The
topeka q Ninewood Park Railway CON :
pany. But the said The Topeka &. Vine
Woou Fark Rallway company shall ac-
quire no rights under this franchise
upon the acceptance of the same until
the said sum Of $1,000 shall be deposited
as herelnbefore provided. And It Is also
further provided that the said railway
company shall on demand. before the
nNl0lfEgftDn III