The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-13
Council Committee ON judiciary
VIII Make Adverse Report.
THOSE CITY LAWSUITS.
Mr.. Spencer Finds They Should
Be Out of Way.
Proposed Ordinance Says Moth
ing of Money to Be Expended.

| InaC the judiciary committee Will report
| adversely on the granting of new
| franchise to the Vinewood Park Rail-
way company, and that in this report it
will be sustained by the opinion of City
Attorney Charles F. Spencer.
| The committee and Mr.. Spencer have
been doing some investigating, and
! have ascertained so it is claimed, that
it would be very bad policy to grant
| the franchise in the form which it is
| proposed by the Vinewood park peo-
| pie.
The city of Topeka now has two law
| suits pending with the Vinewood Park
| railway. In both of those law suits the
! basis of the citys contention is that
| the Vinewood park railway has forfeit
! ed it's franchise by failure to operate
| the line. The railway has judgment
| for $4,000 against the city, from which
| judgment the city has appealed to the
| supreme court, and hired extra assist
ants to help the city attorney in the de-
| tense of the city's position.
| Nothing has been said by the Vine
| wood Park company about settlement
1 of these law suits, provided it is grant
! ed new franchise, and the city vir-
! tually abandons it's claim that the old
franchise is null and void. Its two law
! suits therefore will go by default.
Strictly speaking, the Vinewood Park
| railway does not ask for new fran
chise. 1t wants the old one amended by
| substituting a new one for it.
| Several other strong reasons are urged
why the city should refuse to grant
| this request of the VinewOod park peo-
| pie. 1t is claimed that the franchise
| gives the city no assurance that the
| road will spend 800, 900 in improvements
| as it has agreed to do. 1t gives the
| city absolutely no assurance that the
| road will not be fitted out and then
! sold to some other line as a Topeka
| terminal for a Kansas City line. The
| proposed franchise gives the company
| the right to build steel viaducu over
| the railway tracks at Twelfth street,
and also implies that if it so desires it
| can build viaduct at Ninth street in
| stead. Nothing is said, however, about
what sort of a viaduct shall be built
| at Ninth street.
The question of whether or not the
| Vinewood Park railway has the right to
| lay its tracks on Ninth street between
| Quincy and Monroe is at this time in
| court The city blocked this proposed
| work last fall by an injunction, and
| filled up the track which had been laid.
| The city claims that the old franchise of
| the Vinewood Park company was re-
voked in 1891, and that the company
| has absolutely no right to lay tracks
anywhere within the city limits of To-
| pel<a. On this one point the committee
| holds that the proposed franchise or
| dinances can not be passed. because
| they seek to amend an ordinance which
| does not longer exist.
The same contention is involved in the
Vinewood park viaduct case, which in
wolves the question of whether the city
! had a, right to tear down the old Ninth
street viaduct because it was danger
| Gus. The court held that by the for
] fixture of its franchise the company did
not lose its property rights, and a YER
dict against the city for 81, 900 was Sc
cured. The city is now preparing for
a trial of this case in the state supreme
! court.
/ PFOPLE WANT THE ROAD.
There is no question that the people
| living in the southeast part of town, and
| in the country between here and Vine
wood, have good reason to work for the
| road. A petition is being prepared to
/ be presented to the council from people
in that territory, asking that the fran
! chise be granted. If the Vinewood park
! road is equipped with improved facili-
| ties, it will be a good thing for real
estate values wherever it reaches. The
| greatly retarded in Improvement by
| lack of a street railway
Business men are also generally IA
vorable to the project, but most of
| them favor it with the proviso that the
franchise shall absolutely prevent the
sale of the road to any inter-urban
| system.
| There is considerable division of SEN
| timent among the councilmen. Some
| favor 1T strongly, and some are lining
| up with the opponents of the road. The
! general sentiment seems to be that if
! the Vinewood park people are in earnest
! and will really spend 100000 in town in
| improving the road, they should be al
| lowed to do so. But they are also in
clined to the opinion that the proposed
/ franchise ordinance is loosely drawn,
and does not protect the city from be-
| ing pretty thoroughly skinned" pro-
| vided the Vinewood park road owners
are disposed to take advantage of the
| technical lapses and vagueness of the
franchise.
c. C. BAKERS STATEMENT.
c. c. Baker. president of the Topeka
! city railway, is making his fight on the
| Vinewood park franchise on the ground
| that the proposed route of the road will
] Interfere existing arr 100
ments of the city railway He says:
| Il am sure that the position of the
| Topeka Railway company with respect
| to the granting of a twenty year fran
chise to the Vinewood park company is
not correctly understood. We waive all
| questions of policy and present only
the one which affects the operation of
| our cars.
Under existing ordinances the city
| council may permit another street rail-
way to run its cars over two blocks of
/ our tracks if they compensate US. The
/ Ninewood Park company wants to use
| our Eighth street track east. of Kan
I sas avenue and one block on Kansas
| avenue, between Eighth and Ninth This
would deprive us of the privilege of
! standing cars on Eighth street for use
| at times when the Auditorium is used
and it would unload passengers at our
! transfer station, who, if evilly inclined
might Illegally demand transfers to our
cars, and it would be impossible for our
agents to distinguish between those en-
titled ana unent1t1ed, resulting in con-
| fusion and mistakes and trouble gem
orally.
I We have suggested that they be al
! lowed tc come on Ninth street to Kan
sas avenue and turn their trolley and
| start lex when ready, just as we do
/ The one end car which makes it neces-
sary to have a loop to go in another
! direction is an obsolete type and not in
use anywhere. If the company is to
| have new ones they will have to be
| built, and it is hardly probable that n
s this day such equipment would be Sc