The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-21
TRY TO FORCE IT.
Effort VIII Be Made Tonight to
Pass FineWOod Franchise.
Kansas City Clause, Which is
Worthless, is Inserted.
HOW IT WOULD WORK.
Third Party Might Sell to Kan
sas City Line.
Won't Accept Franchise That
Has No LoophOles.
HOW IT WOULD WORK.
Opponents of the Project Are
Ont of Town.


In spite of the fact that Mr.. Wilson
said he had given up trying to secure a
Topeka franchise for the Vinewood
Park railway. the prom oters will this
evening make despesate effort to have
their franchise considered by the coun-
ell while CounciImen CLANCY and Howe
are absent from the city. and viii at
tempt to force it through.
Councilman Howe left town this
morning, TO be gone some days. His
partner, Mr. Everingham, states that
Mr.. Howe's trip was for pleasure and
recreation, with a little business ION
the side" 1t is understood from other
sources that the trip was for the pur-
pose of arranging a big bond deal. 1t
is not known where Mr.. Howe has gone.
His partner refuses to state.
The opponents of the Vinewood Park
road are weakened by the absence of
Howe and Clancy. but it is believed
that the friends OF the measure can not
master the necessary seven votes to
pass the ordinance The VineWOOk park
people claim the support of Blossom,
Griley, Wolf, Weber, Nichols, Swend-
son, Neil and Tincher. But it is more
than likely that Blossom, Neil, Tincher,
Weber, SWendson and Nichols will in
sist upon Kansas City clause which
win hold water and this is what the
Vinewood people are fighting with great
ferocity.
The attorneys for the vinewood Park
road have drawn up an ordinance which
embodies their ideas of a perfect fran
chise, and Will try to force it through
| the council tonight. This ordinance has
q kansas City clause but it is absO-
lutely worthless. as far as accom- plish-
ing what it pretendS to accomplish. The
Kansas City clause which has the %.
K" of the Finewood park attorneys is
as follows:
THE rights and privileges hereby
granted to the said Topeka & VineWOod
Park Railway company shall at no time
be leased, sold or assigned to any COM
pany, person or corporation owning or
operating a line of railway extending to
Kansas City, Mo. or Kansas City, Kan,
without first obtaining the consent of
the council of the said city of Topeka .
This cause is worthless for several
reasons, Just as it IS intended to be- In
fact, the attorneys of the VinewoOd
Park company, admits it is worthless.
In its general phraseology it is drawn
so that it would be contrary to law. But
it is worthless for other reasons:
ID 1t does not prevent the Vinewood
Park railway from selling its road to a
third party who can sell to anyone de-
| sired.
~ It does not prevent it selling to a
line which runs to Lawrence, or Tecun1-
sch, or Argentine, and this line may be
owned by Kansas City line.
80 Tt does not prevent it from build
ing its own extension to Kansas City
or connecting with an extension it
claims to own
WHAT THEY DON'T WANT.
The Vinewood company does not want
a Kansas City clause which is valid and
binding. Tt will not accept a franchise
with such a clause. Here is a Kansas
City clause which has been drawn up
and submitted to several of the most
able constitutional lawyers in the city,
and is pronounced both valid and bind
ing:
s4That the rights and privileges of this
ordinance shall be inalienable by the
Topeka & Vinewood park railway COM
pany without the consent of the city:
and it is hereby further provided that
no such rights and privileges as are
no suehrights and privileges as are hereby
granted may be used or enjoyed by any
assignee or grantee of the said Topeka
& Vinewood park railway company, or
/ by any corporation contracting or as
sociating with it, to make it a part of a
/ line extending beyond Vinewood park,
or any interurban freight or passenger
traffic railway; it being the design and
/ purpose solely in granting this fran
chise to afford 70 the people of the city
/ of Topeka and intermediate suburbs
access over this line to Vinewood park
as a place of recreation"
REASON FOR THE RUSH.
The reason the Vinewood park attor-
neys are SO anxious to railroad the or
| dinance through this evening is partially
| because Of the absence of Councilmen
/ Howe and Chaney. and partly because
| it is deemed wise to settle the matter if
| possible before the Commercial club, at
/ the special meeting, takes action ad-
verse to a Kansas City electric line.
| The meeting tonight is called for the
/ purpose of hearing the charges against
| City Physician c. E Judd and taking
formal action on the WaterWOrks case.
The former will probably be postponed,
and the latter viii be disposed of within
| a few minutes So the Vinewood pro-
mOters hope to get a show.
Copies of the proposed ordinance, as
/ prepared by the Vinewood park attor-
/ neys, were served" on all the council
men this morning. By this means it is
! hoped to avoid pcstponement on the
! ground that the council needs more time
for consideration.
The Vinewood park company had
! claimed all the time that they would
| ping the road. There is not line or a
/ syllable which obligeS them to spend
/ anything like this sum. If they lay a
little track, and put on a car which
makes ore round trip an hour they will
| be able to hold the franchise till such
time as. Kansas City or other pur-
/ chaser Comes along. The city has abso-
lutely nothing to assure It that the road
viii spend more than few hundred dol
| lars in Topeka, except the promise of
l. e Myers, the professional railway
boomer who is working for the Vine
wood company.
SUMMARY OF ORDINANCE
The following is d summary of the
/ It is probable that several more sections
will be added, as there are other points
to be covered.
See. l. Right of way for single or
double track railway granted Tor 70
years.