The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-15
IT IS TOO GOOD.
Interurban Railway Franchise
Not Entirely Satisfactory.
Gives Company the Best of the
Contract.
lew ONE PRESENTED.
This Will Be Submitted to the
City Council.
Gives Blanket Franchise fl
North Topeka Streets.

At noon today L. S. Dolman, repre-
senting the proposed Topeka Manhat-
tan interurban line submitted to City
Attorney Charles F. Spencer a revised
draft of the franchise which the COM
pany wants to obtain from the city
council The first ordinance proposed
was entirely too much of a good thing
for the company, and the revision" is
not changed very materially.
Friday night the streets and walks
committee of the city council, together
with the city attorney and any mem
bers of the council who care to be
present will take up the consideration
OF this new ordinance. The meeting will
be held at the council chamber
1t is practically certain that the eoun-
Gil VIII grant the new company fran
chise of some sort. It will not refuse
TO give any franchise simply because
the new company does not desire to
accept the terms of the trackage agree
ment offered by the City railway But
IN spite of the supposed revision
"hlch the ordinance has undergone
since 1t was first presented to the coun-
cli IL still gives the city very little pro-
lection Now that the city council has
mao some practice in the preparation
ana passage of street railway fran
chlSeS, 1t should knew pretty well what
the city needs. The mistakes made in
Inc City railway franchise should he
rectlhed. Instead of rectifying any
MISTAKES, the proposed ordinance is pro-
inc or new loopholeS through which
the best interests of the CITY can he
assassinated o"iA NC
the ordinance proposes to give the
company blanket franchise over ev-
cry street in North Topeka exceeding
70 feet in width for a single or double
track. 1t provides that whatever
streets the company does not soccupv
within three years are thenceforth bar
RED TO 1t without express, permission
from the council This is practically
the same provisions as are given in
section 1 of the city railway franchise.
but it is very questionable whether the
council will allow such general priv
lleges, as the conditions are entirely
different. The city is having much
trouble with this part of the city rail-
way franchise.
At the suggestion of the city attor-
ney, the company has inserted this pro-
V1SO in the section giving it miscellar-
eouS rights; Provided that said heat
light. power, telegraph and telephone
service shall only be used in connec-
ton with. and in the service of said
railway" This provision is one i'm
provement over the city railway fran
chise, as it prevents the franchise being
general in its nature.
The new ordinance goes on to state
that the railway shall be a standard
gauge line. with standard ties and STAN
dard rails, laid upon a firm foundation;
that all cars, machinery, and equipment
shall be in every way modern. This
provision. is absolutely worthless as
there is nothirg definite to which the
company can be held, except the fact
that the road shall be standard gauge.
The city railway ordinance. specifies the
weight of rails, kind of ballast, method
of construction of roadbed, and charac-
ter of cars.
Section of the new ordinance re-
quires that the track shall be laid and
kept on the established grade of the
street where constructed. This section
should be worded so that in case the
city preferred, the track might be laid
on the existing gHade, instead of the
ordinance grade. It will save cutting
up streets.
The section relating to the paving and
repaving of the right of way of the
new road is drawn with the apparent
intention of binding the company as
loosely as possible. It should be much
more s2ecifics and avoid much of the
very matter with the city railway and
Vinewood park line.
The franchise as revised provides that
the city may, at the end of 80 years.
purchase the plant by the method pro-
vided in the public utilities section of
the city charter act. passed by the last
legislature The method is not set forth
in full, as was deemed necessary in the
city railway franchise. If necessary
there, why not in the new franchise?
The ordinance provides that the fran
chisie must be accepted within 80 days;
that the work of cons truction must be-
gin within one year, b1st it does not say
when the road must be completed or
when it shall be put into operation. It
does not make it clear whether the work
of construction shall begin in Topeka or
SON Ne other place on the proposed line to
Manhattan.
Tipere is nothing said in the franchise
abo ut the time schedule upon which cars
shall operate which is an important mat
ter.
There is no provision for guarantee
bond to insure the compile ton of the work
in any specified manner. The city rail-
way is under $4,000 bond to expend $780,
interurban line means business, it can
afford to put up bond as the natural
gas company did when it secured its
franchise a few weeks ago.
There is nothing in the franchise which
require s the company to maintain its
headquarters or its shops and power house
in ToJ)eka Topeka wants the headquar-
tiers o the road and is entitled to have
them.
It is likely that City Attorney Spencer
will ee to it that all these points are
cover ID by the franchise when it comes
up 70 : final passage. The city wants the
new sinterurban line to be success. but
it ns1st at the same time preserve its
own interests.