The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-13
STOP IT, PLEASE.
Attitude of City Toward the
VinewOOd Company.
Appropriating City Property
Calls Forth Feeble Protest.
ARE USING THE BRICK.
Superintendent Says Engineer
Said He Might.
Mr.. Griggs Doesn't Take ANY
Decisive Steps.
ARE USING THE BRICK.

Street Commissioner Griggs discover
ed today that the Vinewood railway is
continuing to use the brick which 1t
takes out of the streets to pave its
right of way, after it was decided by
the city attorney that all these brick
are the property of the city, and that
the Vinewood company must furnish
its own brick.
Apparently the company is taking
advantage of the absence of the city
city's brick. Henry Engel, the city
paving inspector, states that the Vine
wood people claim that Mr.. McCabe.
city engineer gave them the privilege
to use such brick as they need to pave
their right of way.
Street Commissioner ~Griggs reported
what was going on to Mayor Parker.
and the mayor and street commission
scheme.
Yesterday Mr.. Griggs discovered that
the Vinewood gang was hard at work
hauling the paving stones which they
had taken out of the pavement be-
tween Kansas avenue and jackson on
Seventh and using them to DUMP In
around their poles which were being
set. Several big wagon loads were used
to fill up the holes around the poles
before the work could be stopped by
Mr.. Griggs.
The Vinewood company has no right
to use any of the material which 1t takes
out of the paving. This belongs to the
city The franchise which the company
secured gave it the privilege to take
most anything it wanted, but it neg
lected to include the right to use the
city's paving material. The city rail-
way is Obliged to pay the expenses of
Il paving its own right of way, and there
is no reason why the same rule should
not apply to the Vinewood line.
+ The Vinewood company has not only
used the brick, stone and sand from the
VRYranf which if has hIIf if
has also used the asphalt and concrete
as ballast for the track There is prob
ably no serious objection to the use of
! the concrete and asphalt, but the sand
| is worth 75 cents a load, and the brick
! and stone about a dollar a yard.
To pave the right of way of the Vine
wood line for block, several hundred
dollars worth of brick and sand are re-
quired. Instead of buying these brick
| from the dealers, as it ought to do, the
| Vinewood line has paved four blocks
of its roadbed with brick which belong
4 to the city.
/ When the Vinewood line started in to
work. it was doubtful who owned the
/ paving material which was removed
from the right of way. City Engineer
+ tMcCabe and Superintendent Ward of
the vinewood line called upon City At
torney Spencer for an opinion Mr.
i Spencer said that the material belonged
4 to the city. Mr.. Ward acquiesced in
this ruling, but he has apparently gone
| needs. The work is being rushed today,
and unless the city officials who are
| still in town find way to stop the
| work practically all of the brick which
belong to the city will be used up. The
| company has a big gang at work on
1 Van Buren, street paving the right of
way rapidly as possible. From Mon
roe to Va A Buren the work is completed.
Councilman Weber, chairman of the
streets and walks committee is also out
| of the city on the LeavenwOrth expedi
ton. and it is possible that neither Mr.
McCabe nor Mr.. Weber will be home un-
til Saturday.
The city has a good use for all the
brick it can get. The court yard back
| of the city hall needs to be paved, and
by getting possession of all the brick
which come out of the VinewOod e--ca-
vations enough could be accumulated to
do the whole job without any expense.
Quite a large pile of brick is now on
hand for this work. but much less than
half of what the city rightfully owns.
Street Commissioner GriggS said this
morning: II am going to see Mr.. Ward,
who is in charge of the Vinewood con-
struction work and try to get him to
not use any more brick until the city
engineer and members of the city coun-
ell come back. don't believe that City
Engineer McCabe gave him any permis
sion to use the brick from the excava-
a permission. The city council is +hs
only body which can rightfully grant
such a request. The city attorney has
held that the bricks belong to the city
I have some of the city teams at WORK
gathering uo the brick as fast as pos
sible, but I can't keep up with the men
who are laying the pavement in the