The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-08-15
MR.. REUTER- OBJECTS.
Wants City Railway Compelled
Lay New Track Right.

George Reuter-. resident on the
south end of Kansas avenue, has start
ed fight on the proposed double track
of the city railway to be laid on that
street between Eleventh and Fifteenth.
He will ask the CITY council to revoke
the permit issued to the company by
the city engineer, and if the company
attempts to build its track before the
council meets. he viii endeayor to stop
the work by Injunction
Mr. Reuters objection is that the COM
pany's present track is exactly in the
center of the street. To avoid the ex-
pense of moving this track to one side,
the company proposes to put in it's new
second track along the east side of this
existing track, which will take up about
three feet more space on the east half
of Kansas avenue than it would If the
tracks We're laid exactly in the center.
The company says that its second track
will be of a temporary nature. and that
it is simply laid to accommodate the
state fair crowds. There is considerable
talk of paving Kansas avenue, and II
this is done, the company claims it will
then place its tracks in the center of
the street.
The city ordinance granting the To-
peka railway a franchise is not explicit
| on the point at issue. 1t says:
Every single track shall be located
as near the center of the street in which
| it is located as practicable the location
| of the track and rails to be given said
| company by the city engineer or some
| person authorized by him to do So
| Nothing is said about double tracks.
| but it is claimed that the intent of the
| ordinance was to give the city engineer
! the authority to locate the tracks of the
! company. If this is the case, the COM
| pany is acting within its authority, for
| it has a permit granted by the city en-
| gineer.
| In speaking 70 his objection, Mr.. Reu
| ter says: Il have no objection in the
world for the company putting in a
| temporary or permanent double track
on Kansas avenue. The people down
! there hope they will do so. What we OBJ
| ject to is having the second track laid
| so close to the east line of the street 1t
| almost shuts us off, and will SPOIL the
| street. 1t is very doubtful whether that
portion of Kansas avenue will be paved
| for ten years. We had a petition for
| paving a couple of years ago, but some
work was done and it was beaten We
| tried to revive the thing last fall, but
| could not get up any enthusiasm. 1t
| looks as though the company expected
| to get this second track in and keep it
| there I asked Mr.. Baker when the
| company expects to take up this tenn
| porary' track, and he would give me no
| definite answer. He would not promise
! that it would be. done as soon as the
! fair was over He said the track would
! be put in as good condition as any
| track on a dirt street.
I'VE will take this petition to the
! COuliClf,s anu L DSb6Ne tldt ti4c CO0Litit
will stand by US. If it does not, we will
| have to go into court"
| The statement of the case made .bv
! President Baker of the company this
| morning is as follows:
II do not believe that the council will
assume any jurisdiction in this matter.
because I believe that the whole matter
| is left to the city engineer. If these
people who are Directing want to go
into court I expect that they can get
| temporary injunction, which will him
der US considerably, but they can not
| possibly win the suit We have about
| all e-can do for a short time. any
way"
| The petition which Mr. Reuter- will
| present to the city council, next Monday
| night is as follows:
| "We the undersigned property own
erfs on Kansas avenue. between Elev-
enth and Fifteenth streets, do hereby
| earnestly protest against the granting
of a permit by your honorable body to
| the Topeka City Railway company the
right to lay or construct a temporary
or permanent track alongside the one
| there on the east side Of the present
| track as contemplated by the said To-
.peka Railway company.
I'VE do not, however. wish to be I'M
| derstood that we have any objection
| whatever if a permanent double track
| will be laid in the center of the street.
| Banner Council No. 693 E. A. A. will
| give an entertainment and ice cream
social this evening at Lincoln Post hall.
| All are invited.