The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-04
RUSH 1T THROUGH.
vinewood Hallway Gets Fifth
Street Franchise.
Only Two Votes Against 1t in
City Council.
SPENCER'S PROTEST.
City Attorney Had No Oppor-
tunity to Examine Ordinance.
Measure Signed and Published
and Is Now a Law.

e1AA0 ~ ANOU - LIZ
BY a vote of 10 to ?. the city council
last night granted to the Vinewood Park
Railway company a twenty year fran
chise to build its track on East Fifth
street from Quincy street to the Sants,
Fe depot. Mayor Parker signed the
ordinance, and the Vinewood people ex-
pect to begin the construction OF their
road without delay.
ordinance exactly as presented by the
ordinance expactly as presented by the
Vinewood attorneys. except that one
section was amended to provide that the
Ninewood company shall pave all of the
unpaved portions of East Fifth street
between Quincy street and the depot
The only councilmen voting against
the passage of the ordinance were
Samuel T. Howe and E. 3. Snyder.
City Attorney Spencer made official
disavowal of all responsibility for the
ordinance and at his request the fol-
lowing statement was ordered incOrpOr-
ated in the minutes of the meeting:
I did not prepare nor assist in pre-
pairing the franchise granted to the
Ninewood Park Railway company this
evening; did not have a chance to
make more than a superficial eXamina-
tion of the same late this afternoon;
was not sufficiently informed to give,
and did not give an opinion as to
whether said ordinance properly pro
tected the interests of the city"
In conversation with a reporter for the
State Journal Mr. Spencer said in ex-
PLANTATION of his official statement:
L made that statement part of the
records of the meeting because l an
ticipate that there will be a fight be-
tween the Vinewood company and the
city railway, and l did not want to be
misrepresented as to my position on this
ordinance. l did not see this ordinances
until late this afternoon. and in reading
it through L discovered that its various
sections are much changed from those
of the original ordinance. The ord1
nance is entirely rearranged and much
of the old ordinance is omitted, appar-
emily. It would take man couple of
days at least to thoroughly investigate
and understand this new ordinance
which the council has passed"
When asked by a. member of the cOun-
ell to give his opinion to whether the
present ordinance conflicts with any of
the provisions of the other ordinance Mr..
Spencer said:
Il can't give an opinion as to this or
dinance but it is clear that it must stand
on its own bottom. 1t is entirely separate
and independent of the former ordnance .
There was very little discussion as to
the provisions of the ordinance. 1t was
introduced. placed on second reading I'M
der suspension of the rules, and railroaded
to a final passage. The council had been
given no opportunity to consider the or
dinance carefully, and it didn't seem to
ton.
After the council meeting, Mayor Parker
signed the original ordinance. and also
signed a certified copy prepared by the
city clerk. 1t was at once printed in the
official city paper.
One of the arguments used to secure the
immediate action of the council was a pc
tition signed by property owners on East
Fifth street. This petition set forth the
wrongs endured at the hands of the city
-
einance granting a franchise on that
street to the Ninewood park road. It was
signed by the following property owners
c. A. Rohrer, Ella Rohrer, Harry Felker,
Anna Felker. D. H. Thomas, Mrs. Kelsey.
W. w. Gavitt, John L. Howard, Sarah NJ
Howard, Hankla Bros, W. A Karr. A.
K. Rodgers, Mary D. Holiday W NJ
Forbes. Sam Radges agent Frank Durein,
/. r. Rodgers. G. O. Knowles, Mrs NJ. A
Nickum, w. w. Phillips, f. E. Shoaf,
Margaret A. Shoaf, Henry c. Wilson, w.
A. Stanfield, Mrs. Emma Polmer, Mrs.
G. NJ. Tiford, Mrs. S. T Wright, J. Y.
Beck, Chas. D. Hoag, r. H. Slopel, e. ].
Thomas, Susannah J. Thomas, J. S. Frit-
/ ton, Mrs Sarah A Umpleby, Mrs. Maggie
4 Thompson, A. L. Thorpe. Mrs Schnaible,
Geo. Thomas, Nellie Matsun. D. S. Myers.
John f. Moon, Geo. w. Noble & Co, Eli
UlamperI. w H. Jones. c. A. Reece.
There was large and vigorous lobby CT
! Vfnewood sympathizers present at thu
meeting. The council chamber was crowd
ed When the vote on the final passage
Of the ordinance was taken the rooters ap-
plauded Justify.
Among other things the franchise pro
vides that cars must be operated over the
line at least every 80 minutes; that the fare
shall be five cents to any part of the line
of the company this side of California ave
nue. in Highland Park; that children I'M
der 10 years of age shall pay three cent
fares and children under five shall ride
free. After midnight the company is au-
thorized to collect double fares until
| o'clock the next morning.