The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-08

years
deserves the thanks OF the community
for the valuable advice which he gave
TO the committee and the council
Mr.. Williams closing remark was
most important proposition and sugges-
ton. He said
4 would suggest that you ask Mr..
Doran or Mr. Rossington to draw UP a
new ordinance, giving both sides to this
agreement a fair presentation They
understand bout what the city wants.
Then I would advise you to select three
lawyers of this city; the best that you
know of. Select men who are honest, as
/ lawyers go, and select whose who are
not always running about with their
coat tails sticking out for the city to
grab hold of. Let this committee of
/ lawyers take up this ordinance, and re-
wise it, both from the standpoint of its
4 legality, and from the standpoint of dis
/ interested citizens. I want to say that
I viii not serve on this committee; frsts
! because have retired from active prac-
tice, and second. because I never I'M
dertake to do any work which ! sng
gest to be done. But I Will agree to see
to 1t that the three lawyers you select
give their services to the city absolute
I " gratuitously. There won't be any fees
to pay They must consent to at sim
ply for the good of the city Of To-
peka- Then with the corporation all
torneys to protect the company, and the
efficient city attorney to protect the
city, these three lawyers would serve to
get THIS IT2ncl1Se into the pest possible
shape for all concerned"
SOME GOOD SUGGESTIONS.
I want to make a protest against
this ordinance said Mr. Williams, IN
beginning his speech I want to i'm
press upon you the great Importance OF
this franchise which you are giving
away. 1t is a certainty or almost d
certainty, that within a few years the
short lines. Already, there are $4,000
miles of trolley lines in the United
States, and only 100000 miles Of steam
railways. In the state of Massachu-
sets, during the past six years, the troll
leys carried four times as many people
as the steam railways. Realizing the
folly of trying to compete with the troll
/ leyS, the steam railways of the east are
beginning to parallel their own lines
with trolleys, and abandon their local
trains. indianapolis has 300 miles of
trolleys tributary to it, which grow fau
on the crumbs of business which the
railways cannot take care Of You are
very proud of these new cars which
have been brought to town. I believe
they are equipped with 50-horse power
motors. These lines in the east use 300
horse power motors; they can haul 25
/ loaded freight cars, and can do any kind
of business a steam railway can de. In
/ the State Journal of night before last
was a summary of the United States re-
ports showing that there is no other
business in which the percentage OF
profit is so large as in the trolley bust
ness.
such is the outlook for the trolley
systems of this country. These gentle
men representing this company present
an ordinance which it would be a crime
/ to pass It can't be called by any other
name and my friend DOran can't DENY
that statement. I'll tell you what you
promise to do for this company, and
/ what they promise to do for you. But
let me dfgress to say that rs per cent of
the litigation in this country is because
/ people do not study the contracts be-
fore they enter into them.
WHAT THE CITY IS GIVING AWAY
The city in this ordinance promises
10 extend to the city. railway all the
1 franchises heretofore held by the CITY
railway. It gives them absolute juris-
dlctlon over every street in Topeka. It
| makes an absolute agreement with the
company that the services which we
now have is all that we are entitled to.
| The ordinance proposes to give us 10
per cent of the earnings after 10 per
cent has been paid to the company
This provision would not yield 10 the
city a milliOnth part of a cent of rev
enue in seventeen million years I'll
tell you why All companies of this
kind are Incorporated for at least the
full value of the road. Bonds are is
sued TO build the road. Suppose that
81. 000, 900 is used to build the road and
is represented by a bonded debt Then
the company goes ahead and issues
about $1,000 900 in stock Now some
DOQy must get IlaI. STOCK Tor nothing
If $1,000,o00 is all that the road is
/ worth it stands to reason that the
other $4,000. 900 is going to be given to
somebody without cost. The company
proceeds to pay 3, or ; per cent on its
bonds, and that is the only legitimate
charge which can be made. But when
they charge .off 10 per cent on the So
0OO 900, and per cent on the 81 900 0O0
there IS no community in the world
that will stand enough increase in
fares to yield enough revenue to leave
a solitary cent for the city.
And yet I see that the company has
generously consented to a provision al
lowing the city to reduce fares provid-
ed it does not interfere with that 10
per cent which the company must earn
on its capital invested.
FINDS OTHER LOOPHOLES.
There isn't anything in this ordi-
rance which compels the company to
replace a single spike in the present
line unless it wants to. I know that
the company has made certain prom
ises of indefinite nature about what it
viii spend. don't care now much
bond the company gives But suppose
you pass this ordinance and the COM
pany refuses to make these improve
ments- You call upon Mr.. Myers to
spend $500, 900. What proof have you
got that such an agreement was
made? Mr. Myers might say. We
have twenty witnesses who viii swear
you SAID II the city viii reply, Y s-
fbut here is the franchise Mr.. Myers
might say: This supersedes any YER
bal agreement And the city would be
absolutely helpless. If you expect any
Improvements to be made. see to it
that it is put into this franchise
The company will allow this to he put
into the franchise" said Mr.. Dorar.
.'All right but it isn't there now" re-
tOrted Mr.. Williams
SHOULD NOT SELL FRANCHISE
Now you ought not to sell this fran
chise. - continued Mr. Williams n doubt
whether you have the right to do 50. You
have the right to grant this franchise be-
cause you believe that the company will
improve our highways and make eomTnu-
nication easier. But let the council say
exactly how the franchise shall be eXer-
eised. Don't try to extort q per cent, Of