The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-23
A SINGLE VOTE.
Tt Saved the Day For VineWOOd
Franchise.
Councilman Tincher is the Man
Who Cast 1t.
THINKS 1T A FRAUD.
Voted For Ordinance Because
Constituents Favored 1t.
G. G. Clemens Makes a Sensa-
tiOnal Speech to Council.

BY one Of the most extraordinary
votes ever taken in the city council
chamber. the Vinewood Park railway
was granted a 20-year franchise last
night, receiving a majority Of one The
Vote stood.
For-Blossom, Griley, Wolf WEBER
Nichols, Swendson and Tincher-7-
-Bergundthal, Snyder.
Excused from voting-Neil-
A bsent-HOve. CLANCY.
George Tincher, councilman from the
Sixth ward east the deciding vote un-
der most dramatic conditions he de-
clared it TO be his conscientious conNie-
ton that the NineWOOd Park road was
deceiVing the council and would lnJufe
the city and declared that the franchise
should not be granted. but ne Noteo AoI
the franchise because he said he peneV-
ed that his constituents in the sixth
ward were in favor of it. 1t was case
Of constituents vs. conscience, and con-
KEYED up 10 a high pitch of excite
1nent by sensational speech of c. Z.
Clemens against the passage OF the
franchise ordinance. the council com
menced the final roll call on the pass
age at 1916 last night, after an lneI-
fectual effort had been made to check
hasty action and postpone the decldlng
vote till Thursday night. At Just mid
night the roll call IniSneO5 ana ltlS Ct
dinance was declared passed. inside OF
so seconds, the other ordinance giving
the VineWood Park road the right to
build a steel Viaduct over the railway
tracks, was railroaded through under
suspension of the rules, and passed
without opposition.
Tt is now up to Mayor Parker. If he
vetOes the ordinance, it VIII be lmpossl-
ble for the council to pass the measure
over his head because that would re-
uuire q tWO-LElrQS vote
The promoters of the NlneWoOd Park
road claim that Mayor Parker has Civ
en- assurances that he viii not veto the
ordinance, but viii allow it to become a
law without his signature Under this
theory, they announce that work on the
construction of the road will begin be-
fore the end of this week
Everything the Vinewood Park rail-
way asked for, it got. Its attorneys
drew up the franchise, and the council
passed 1t practically without any
changes, except in minor details The
only change which was made without
the silent or expressed acquiescene of
the Vinewood park men was the one
compelling the road to charge a scent
fare up to midnight instead Of scent
fare in day time and a 10-ceht fare at
ter 10 o'clock at night There were a
few unin pOrtant regulations made
about the running time Of cars, and the
amount of bonds which the road can is
sue without the especial consent OF the
council was cut from so per cent to 10
per cent Of the cost of the road The
road has the right to fix the cost at
whatever amount is pleases. so that the
per cent cut did not bother II much.
Every provision in favor of the city
is void. Every provision in favor OF
Winewood park is iron clad" This is
the terse and truthful manner In which
6. c. Clemens sums Up the character
of the ordinance which the council rail-
roaded through "A hours after it was
first introduced.
HOW THE VOTE WAS TAKEN.
AS senior member from the First
ward, Councilman Bergundthal was the
first man to vote on the final passage
OF the ordinance. Mr.. Bergundthal will
some day, perhaps, receive some of the
gratitude which Topeka owes him for
doing all in his power to stop the hasty
and unWarranted action of last night
He made a motion, which was lost, ask
ing that the final vote be postponed till
Thursday night In answering to the
roll call on the final passage of the or
dinance, Mr.. Bergundthal said:
II propose to cast my vote accord
ing to my convictions. I win not cal
hard names or abuse anybody. Some
who have taken an active part in this
NinewOOd park matter have done SO
am not opposed to granting this fran
chise, but I claim that some things
have been left out which should be pu
in. I would not be consistent if
should vote for this ordinance after
having my recommendations, as
LuGL4UeE OF the judiciary committee
cast aside Political threats cut no ici
with me. These alleged leaders Of uniOT
labor cannot scare me by telling me
as they have told me that I WnisI7 h<
beaten for reelection. I am willing
to quit when my time is out. The cler1
will please record my vote against tbs
ordinance"
Blossom and Griley promptly an
swered aye to the call of theh
names Neil stated that he was il
doubt as to how he should vote, and
asked to be excused. This was con
scented to- Wolf voted aye, as did alsl
Weber. Nichols and SWendson This
gave the ordinance 6 votes. One mOr'
would pass it. The fate Of the ordin
ance was in the hands of Tincher, tn
last councilman Mr. Tincher explained
his vote. speaking very slowly anS
earnestly amid intense silence in tn
room. He said.
This vote started out with being III
to Mr. Bergundthal. He was obliged
TO start the thing It ends with being
up to myself My vote will decide i
In either the affirma tive or negative.
II don't feel satisfied with the wa
some OF the amendments were handled
In reading over section % again I finl
that ii provides that bonds not to ex
coed 10 per cent can be issued by tn
company without the consent of tn
mayor and council I introduced al
amendment to this section. which
said would have to be adopted or
would oppose the ordinance. I with
drew It. however, to secure a pc
cent reduction in the amount OF bods
wish I had insisted on that amend
nlent / do not believe this franchis
IS a fair proposition as it stands. Fur
thermore, as to the value of this fran
cilise. 1t comes into the very center o
Topeka. 1t enables a later council t
grant it the right to extend all over tn
city. There is only one reason 70
granting this franchise. and that is t
accommodate the people in the south
east part of town These people are en-
titled TO car service. But there wer
some other points raised which aston
ished me. 1t seems that the compan
does not want to run to Ninewood par
al the time.
AS to the Kansas City road I thin
II is bound to come. The section whie
we have in this ordinance against sell
ing out to a Kansas City road is n
good I think we have been too hast
In this matter. 7 viii cast my v0t
an alrecl onpositior to n-hat 1 Hrrnl