The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-30
COUNCIL BACKS IT
Takes a Hand IN City Railway
Squabble.
Authorizes Use of Name in In
junction.
HTDGE HAZEN STOPS TT
JUDGE HAZEN STOPS II
Grants a Temporary Restrain.
ing Order Today.
City Railway Can Do No Work
for a Week.

At O'Clock this morning Judge z. T.
Hazen granted to the city of Topeka a.
temporary restraining order against the
Topeka City railway, returnable at 9
o'clock a. m. Thursday, November 6,
which for one week at least effectually
blocks the work of building the city
railway loop at the Santa Fe depot.
Judge Hazen has refused TO near the
case, as he is property owner on East
Fifth, and is said to share in the gen
eral indignation of East Fifth streeters
against the city railway. He will call
Judge Heller or some other district
judge to hear the case.
Contrary to his wishes, City Attorney
Spencer was instructed by the city
council in special session last night, to
begin the suit on behalf of the city. Mr..
Spencer advised strongly against COM
menc1ng suit, on the ground that the
legal grip which the city railway has on
the situation is too strong to be shaken
off, regardless of the moral questions at
issue, which Mr.. Spencer did not dis
cuSS. In spite of this emphatic opinion,
Councilman Howe was the only member
of the body who voted against begin
ming the suit. Councilmen Bergundthal,
Blossom, Snyder, Wolf, Blanch, Nichols,
and Tincher all voted aye"
No quorum was present at the special
council meeting called for Wednesday
afternoon at 4 o'clock, and so the six
councilmen who were there adjourned
till o'clock.
At just o'clock, the city railway was
obliged to suspend work on its new
track, an injunction suit having been
filed III the district court by Mrs. Eta
Rahref, an East Fifth street property
owner Judge Hazen granted a tenn
porary restraining order, and set the
case for hearing at o'clock this MORN
| ing. 1t was admitted by the Vinewood
Park railway people that this move was
merely to stop the work until after the
council meeting, and this having been
accomplished this suit will to all intents
/ be dropped. At 8 o'clock this morning
the Rahrer suit was technically con-
argued in connection with the injunction
suit commenced by the city. What the
/ Vinewood hackers wanted was that the
/ city should appear as plaintiff in the
case, and this object was gained at the
/ last nights council meeting.
The papers in the Injunction suit
which were filed on behalf of the city
this morning were prepared by Ferry &
Doran, the attorneys for the Vinewood
company After being drawn up City
Attorney Spencer inspected them, and
said they'd do. The city alleges in its
petition for an Injunction that the City
Railway company excavated in the
streets without a permit from the city
engineer, and that # is seeking to oc-
cupy street which it previously aban-
| dcned, after leaving that street in I'M
san and almost impossible condition for
many years.
At the council meeting last night there
We're several likely tits between c. c.
Baker, president Of the City Railway
wood railway supporters and attorneys.
Mr.. Baker was all alone in his fight and
he heard his railroad get some of the
| most blistering roaSts that the Englis n
| language is capable of conveying.
One of the important landmarks of the
meeting was the speech which w. S.
/ Bergundthal made as he climbed into
/ the VineWood park bandWagon Mr.
/ R0FQlJndthal has fnl1ohf nod
road vigorously since it first began to
talk franchise. Of course the question
involved now is an entirely new one.
4 I have fought the Vinewood fran
chise because I wanted to protect the
city all that I possibly could" said MI
Bergundthal. 1T was not from any
love of the city railway company.
want to say right now that I have nc
use on earth for the city railway Its
line and equipment are abominable
hope it will try to brace uD and treat
the city as it should" Mr. Bergundtha
expressed himself as being radically Cd
posed to the attempt on the part of this
city railway to occupy the Fifth street
terminal at the Santa Fe depot.
T. F. zDoran, the fighting member OF
the Vinewood legal department, took {
hand in the debate He said:
I want you to understand that the
V1newood railway did not start this
fuss. The first 7 knew about the plan
of the city railway to build track on
Fifth street was when 7 came down 10
my office this morning and found Char
ley Holiday there waiting Tor me in
regard to the plan of the Vinewood
company to build to the Santa Fe de-
pot, it originated among the people on
East Fifth street. They came to me
and asked me to use my influence with
the company to secure their consent to
build down there, and I did so, md fin
ally the company agreed to build. The
city railway found out what was going