The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-31
WOULD DAMAGE BRIDGE
Commissioners Adopt Resolu.
tiOns Concerning Tracks.

The county commissioners have taken
the decisive step regarding the effort to
company, to lay tracks on the Kansas
avenue bridge in case the city council
passes an ordinance granting such a fran
chise.
Today the commissioners passed the fol-
lowing resolution:
Whereas. There is now prepared an
ordinance to be presented to the council
of the city of Topeka, Which said ordi-
nance grants the Topeka Railway COM
pany a right of way over the Kansas
avenue bridge for a period of two years &;
and;
missioners of Shawnee county is con-
WINGED that the laying of a line of tracks
across said bridge and the operation of
cars thereon would be a great injury to
the said bridge, amounting to a practi-
cal destruction thereof. and.
Whereas, The said board is convinced
that to grant the proposed right of way
is contrary to the wishes of so per cent of
the citizens of the county, therefore be it
Resolved, BY the board of county COM
missioners of Shawnee county, Kan. that
they hereby request Otis F., Hungate.
means to prevent the laying OF any line
of tracks across the Kansas avenue
bridge. (Signed.)
FRANK HARRISON,
County Commissioners
County Commissioner Harrison said to-
day: Il do not believe that the council
will grant the franchise. 1 think that a
majority of the members of the council
are convinced that a large majority of
the people in the country and the city are
opposed to allowing the city railway
tracks on the bridge. The attorney for
the railway company has laid great stress
on the fact that he believes the county
commissioners have no control over the
bridge and therefore have no right to
bring an injunction. He is right about the
commissioners having no Jurisdiction and
We claim none. The supreme court has
decided in reference to the bridge that il
Is a part of the streets and walks of To-
peka and therefore under the control of
I
missioners and every citizen in the coun-
try and in the city is Interested in the
bridge and anyone has a right to bring
done that might in any way injure the
structure We, as county commissioners,
have the right to instruct the county at
torney to bring such suit in court and
| Injunction and have the question settled
! as to whether the car tracks will injure
the bridge and whether the city council
has a right to grant franchise to any
bridge and make it unsafe for the use OF
the public. Every tax payer is interested
| in the bridge and fully so per cent are
strongly opposed to having structure
| company The farmers are solid against
the proposition. They do not wish to have
tracks on the bridge that will spoil the
4 driveway and they do not wish to run
/ the risk of accidents by reason of theiI
/ horses being scared by the cars"
County Attorney Hungate has the nee
essary papers prepared and he will bring
the injunction in case the franchise is
granted The injunction will be asked
for on the grounds that the tracks viii
weaken the bridge and make 1t unsafe fol
| traffic and the opinions of City Engineer
| McCabe and County Surveyor Rogers, whc
| both agree that the tracks would be det-
rimental to the bridge, will be a part OF
the evidence presented to the court.