The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-06-02
STRING TO IT.
Vinewood Company Accepts
With a Written Protest.
Object to Kansas City Clause in
Franchise.
MAY NOT APPROVE 1T.
Approval Of Acceptance Might
InYalidate This Clause.
More Evidence That It is a Kan
- nsA.. q oE,,.--o
More Evidence That It is a Kan
sas City Scheme.

With a written protest against the
Kansas City clause" the Vinewood
park franchise was formally accepted
by the company late Saturday AFTER
treasurer to bind the fuldllment of the
terms of the franchise.
This morning the city dismissed It's
Injunction suit against the company in
the supreme court, the company can
celled it's judgment against the city in
the district court and a stipulation was
filed in the supreme court for the dis
missal of the city's appeal on the VIA
duct case.
1t is a serious question whether the
city council can approve this acceptance,
with the string attached by the Vine
wood company The company has
cieverly arranged a trap for the city
council. If the council allows this ac-
ceptance to stand, the probability IS that
the courts will hold IL is as nothing more
or less than refusal to accept Section g.
the anti-Kansas City clause, of the fran
chise.
One of the attorneys of the Vinewood
Park road said today: THE protest is
put in simply to show that the company
franchise. If at some future time the
company wants to have this section
modified, we believe that it would be Of
advantage to have our acceptance show
that we protested against it when we
filed our acceptance"
In short, the protest is filed for the
purpose Of fixing it SO that at some fu-
ture time Section 3 of the franchise can
be changed and give the Vinewood
Park road authority to sell out to a
Kansas City line. The VinewOod Park
cOmpany's acceptance of the franchise
is therefore conditional one and ought
to be carefully considered by the city
council before it is approved.
The acceptance of the company is in
full as follows:
Know all men by these presents that
the TnDak1 and NinpxEQnd Park RnfI-
way company corporation duly or
gained, and existing under the laws
of the state of Kansas, with power to
contract and be contracted with, and
to do and perform all matters and
things pertaining to the purpose for
which it was Incorporated, does by
these presents accept all and singular,
the provisions, terms and conditions of
Topeka entitled, AN ordinance author
izing the Topeka and VineWoOd Park
Railway company 10 construct main
tain and operate a street railway along
and upon certain streets avenues and
alleys in the city of Topeka" approved
May 49, 1902. having deposited with the
city treasurer of the city of Topeka.
the sum of $1,000 as security as required
by said ordinance for the purpose Of
the acceptance Of said ordinance, and
acquiring the rights and privileges
granted to it hereunder. provided the
Topeka and Vinewood Park Railway
against section 3 Of said ordinance as
unfair.)
In witness whereof, the Topeka and
Vinewood Park Railway company by
A B. Jetmore. its vice president has
hereunto subscribed its name and
sealed the same with the common seal; ;
done at the city of Topeka, Shawnee
county. state of. Kansas, this 31st day
of May, A D. 1902
THE Topeka & VINEWOOD PARK
RAILWAY co.
By A. 3. Jetmore, Vice President.
Section of the original franchise, to
which the Vinewood Park Railroad
company protests, is as follows:
The rights and privileges hereby
granted to the said The Topeka ana
VinewoOd Park Railway company.
shall at no time be leased, sold or as
signed to any company, person or cor
poration, owning or operating a line
of railway extending to Kansas City.
Mo, or to Kansas City. Kansas, or ex-
tended to or used by the said The To-
peka and VineWOod Park Railway COM
pany in connection with any other road
extending to either of said places, with
out first obtaining the consent of the
council of the said city Of Topeka
City Attorney Spencer was asked this
morning as to the effect Of the company 3
protest against section 3. He said.
q went over the acceptance very care