The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-27
FROM CITY RAILWAY.
Attorney Makes Statement
About Use of Bridge.

Il T. Doran, attorney for the CITY
railway company, said today in refer
ence TO the bridge controversy:
The people of North Topeka have
asked and petitioned the Topeka rail-
way company to lay its tracks across
the bridge and build up its lines in
Nortn topeka at once, that they may
have immediate and adequate car serv-
ice, which they say is necessary to
| their convenience and to the rebuilding
OF North Topeka, which has been so
seriously crippled by the flood; at the
same time assuring the Topeka railway
company that they would secure the
passage OF an ordinance granting the
right OF way over the bridge.
me Topeka railway company has so
Iar refused to have anything to say in
the matter. further than that it will
Dulld temporary track across the
bridge II the council passes an ordi-
nance granting the authority. This
| controversy has now reached such a
stage that the occasion justifies a
statement on the power of the board of
county commissioners to enjoin the
pullnlng and operation of a line of
railway across the bridge if a proper
ordinance is passed by the city council
The Melan bridge is within the limits
OF the city OF Topeka; is a part of Kan
sds aVenue-a part of the street, and is
under the exclusive control of the city
of Topeka. The city is charged with the
maintenance and repair of the bridge
ana is nable for injuries resulting from
omission OF this duty. While the coun-
" may contribute the whole or any
part of the expense of constructing a
bridge within the city limits. yet the
county cannot be held to keep it in re-
PAIR ana mas no part in it's control when
once QUILT. Prior to the flood the cOun-
" commissioners refused to repair this
pfloge. The bridge when once built be-
came a part of the streets of the city
ana the city has the same right to grant
street railway a right of way over it
that 1T has to grant a right of way
over any other part of the Streets and
the BOARD of county commissioners has
no power to prevent street railway
from constructing its tracks and oper-
at1ng its cars over such bridge under
proper ordinance
The law is clear and the decisions are
unanimous upon this question. In addi-
ton to the general law our supreme
court has passed upon the question with
reference to this Melan arch bridge in
the case of the state VS. the board of
county commissioners of Shawnee couu-
". ofth Kan. page 267 where they
squarely decided that after it's compile
ton the board of county commissioners
had no further control of the Melan
bridge.
Under this condition of affairs. if the
people OF North Topeka want temper
airy track on the bridge and secure the
passage of an ordinance granting a
right of way, the Topeka Railway COM
pany Will assume the burden of fighting
any and all injunction suits which may
be brought by the board of county COM
rniss1oners. 1t is clear that the people
OF North Topeka need and want imna-
date car service across the bridge The
sentiment against the use of the bridge
for car service comes largely from peo-
pie who do not use it. and it may be
possible that their fight is stimulated
Dy deeply concealed feeling that po-
ntical advantage may be gained by in
citing war on the proposition
The fact remains, however, that the
people of North Topeka use the bridge
most. 1t was, in fact, built chiefly for
their accommodation and use. They
know better how they should use it
than those who seldom if ever cross it,
The commissioners say that it was
must not be forgotten that North To-
peka is still part of Shawnee county,
even though it was almost destroyed
by the flood One commissioner has
said that North Topeka people can
walk across the bridge This is very
kind; but it is not what they want.
They want to ride They are tired of
walking and they want and nave a
right to ride at the earliest possible mo-
ment, and should not be deprived of
an opportunity by a mere sentiment
which leaves out of consideration their
rights and present condition.
"A resident and property owner of
North Topeka told me today that many
that the people have moved to the
South side; that there are great num-
bers of clerks and business men who
lived in North Topeka and who would
prefer to live there today If they had an
adequate car service, and that there are
scores of high school students in North
Topeka to whom a car service is alb
solutely essential and necessary; and
that vacant houses will not be occupied
and the town cannot be built up unless
the people are given immediate and ade-
Quate car service. 1t seems to me that
any fair-minded man, after taking into
consideration the disaster which has be-
fallen the people of North Topeka,
would at once admit that the request
made by the people of that section of
the city is reasonable and should be
promptly granted and I have not the
least doubt that if the matter is properly
presented to the city council it will
pass the ordinance granting a right of
way over the bridge; and if it does, the
Topeka Railway company will take care
of the rest of it,