The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-22
TALK IT OVER.
City Railway and Commercial
Club Discuss Franchise.
Have Practically Agreed on the
Provisions.
COUNCIL HASN'T ACTED
They Have the Last Chance at
the Ordinance.
Company Insists on Privilege of
Using Melan Bridge.


A new franchise. which in the main
seems to be very satisfactory, was sub
mitted by the city railway to the Com
mercial club Thursday night.
As summarized by President John E.
Frost. of the club, there are really only
four points which offer much chance
for difference Of public opinion. The
four points are these.
l. Should a blanket franchise be
granted, and, if so, for now many years.
Z should the city insist upon a half
fare rate for school children, and chill
dren attending the high school
3. Should the franchise be granted
for 30 years.
Should the company be allowed to
ouild its line across the Melan bridge
on Kansas avenue
The company wants a blanket fran
chise for 3 years, but the chances are
that the city council will limit this
I Inc company has so far refused to
grant half fare for school children but
may coneede the point. The company
wants 30 year franchise, and will
probably be given what it wants.
/ Where the most radical difference of
I opinion occurs is in regard to the Kan
sas avenue bridge question.
In an unofficial way, the company
has indicated that it would be willing
to build on each side of the bridge. a
sidewalk ten feet wide, Overhanging
from the present structure, and trussed
in some way to the bridge. provided the
city viii allow it to lay a single track
in the space now used for sidewalks.
This would give as much room on the
bridge for carriages as there is now
1t would dispose of the old pile railway
bridge. which is an eyesOre and by
some is considered a menace to the
safety of the Melan bridge, but it would
not make the use of the bridge by both
vehicles and the trolley, safe.
h. ut
the meeting said that ne considered the
question of crossing the bridge the only
one which remains to be settled He
does not believe that the people of To-
peka would consent to having car
track the bridge
John Z. Frost, T. ]. Anderson, D. J.
Greenwald and J. A. Ramsey all
thought that the company should be
allowed to build a single track across
the bridge. provided the city could re
ceive an equivalent for the concession
Joab Mulvane. one of the directors
of the company, admitted that 1t was a
very close question. but thought that
the company would be willing to pay to
the city reasonable sum for the
privilege of crossing the bridge. He
admitted that the bridge was really too
narrow for railway track.
No definite action was taken in the
matter, but the remarks of the var
ious business men were heard by quite
number of councilmen who were
present, and they will act according 10
their best judgment
LEGAL COMPLICATIONS
Most of the time at the meeting was
taken up with a discussion OF a cornpli-
Gated legal problem
r F. Carver raised the question as to
whether the provisions of the last city
charter act regarding the 10 per cent
net revenue for the company, and the
purchase OF the plant by the city, shouId
be embodied in the ordinance. He de-
II, no cif oh
it relates to public utilities is atrocious,
and did not want to copy its provisions
into the franchise if it could be avoided.
Judge Williams in response to ques-
tions. gave a very clear explanation of
his views on the matter. He said that
the supreme court has held that the
government has the right to change or
amend a franchise by the passage OF
subsequent laws. regardless of the pro-
vision against the impairment OF con-
trac
He held that under this decision. it
made no difference whether the provi-
sions of the charter act are written into
the ordinance or not; that any SuDSe-
ouent legislature has the right to
change the law. and thereby virtually
amend the franchise ordinance
AS to whether or not the fact of its
being written into the contract gave it
any added force, Mr.. Williams held that
under the decision of the supreme court
ii did not.
This is not my personal opinion"
said Judge Williams. Il fought against
this Interpretation of the law before the
supreme court, and four of the judges
agreed with me. But I'VE did not, ana
that ruling still stands.
Judge Carver disa greed with this. he
held that the case cited by Judge VII
liams from the supreme court OIL the
United States was not parallel one
and that if the utilities sections of the
charter act are included in the franchise
they will be binding upon the city with
especial force.
ait REQUIRES that these sections be in
cluded in the contract This point, how
ever. is in some doubt in the minds of
attorneys.
It seems that to be on the safe side.
If might be lust as we'll to leave these
passages which are so objectionable out
of the franchise. They are put there, II
is claimed, merely to help IN the SAFE OIL
the companys bonds.
The following is a summary OF the
ordinance which was presented last
night and which will now come before
the city council after being considered
! by the ways and means committee
/ SYNOPSIS OF THE ORDINANCE
The preamble recites that the Topeka
and Vinewood Park railway and the
/ Topeka railway are to be amalgamated
and made one complete system and
I that il is the desire of the new owners
of the property to rebuild and re-equlp
the entire property and operate the
same under one ordinance with one
period of existence and termination
Section 1 grants to the railway COM
pany the right to reconstruct and re-
/ equip its single or double track railway
over all streets. alleys, avenues, bridges.
viaducts and other public roadways eX-
ceeding 20 feet in width, provided that
such right IS exercised within the first
i five years of the life of the ordinance.
after which no streets shall be occupied
except with the consent of the mayor
and council This section also requires
the railway company to complete and
maintain the viaduct begun by the
Vinewood Park company and TGohibits
the laying Of more than single track
on the Sixth avenue viaduct.
It further gives the company a 30-foot
right Of way along the west edge 1r
Central park. and while the direct