The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-30
THEY WILL AGREE
West Sixth Avenue Controversy
Being Adjusted.
Hearing on the Injunction Is
Postponed.
COMPROMISE IN SIGHT.
Meeting Held and Details Being
Arranged.
Mr.. Myers Objects to Putting in
Sample Block.

district court this evening to hear the
arguments in the West Sixth avenue
injunction case. for the reason that the
railway company and the residents on
West Sixth have decided to settle the
controversy by agreement, as the State
Journal announced Tuesday would
probably be done.
l. E. Myers. general manager of the
company, stated yesterday that he was
willing to put the cedar blocks back.
filling up the deficiencies with old
poles which he said the company would
saw up and use. This may be the ulti-
mate solution of the difficulty
This is not what the people on West
SKIN want. however. Through their
attorneys. they proposed to the COM
pany that one block be reOaVed with
cedar blocks, and that the residents
on the street be given a chance to look
at the job. and decide whether or not
they want that sort of pavement. In
case this kind of pavement was not
satisfactory. they wanted it agreed that
the company should take out this
sample block, and use brick or some
other suitable material.
When this proposition had been
drawn I'D in the form of legal stipu-
lation. it was submitted to Mr. Myers
for his approval But he didn't APP
prove. He said that after the COM
DanV had once laid a block of cedar
blocks they would have to stay, wheth-
er the people liked them or not, He
would not take them up under any con-
slderation. He told the attorneys that
he would agree to put back the cedar
blocks for the whole distance, as the
| ordinance requires. But he did not
want any sample block" business
about 1t. Right there the two contend
ing parties hung up and at 1870 to-
day, the conference adjourned without
reaching conclusion. The conference
was held at the Office of Mr. Myers.
another conference is being held this
1 afternoon. and the attorneys are so con-
f1dent of reaching an agreement OF some
sort that they state that the announce
ment should be made that there will be
no hearing al the district court this
evening.
No new time has been fixed for the
hearing, and. of course if it is simply
! agreed that the company shall put back
the cedar blocks from one end or the
street to the other the suit will b,.
/ dropped. In case it is agreed to make
the prosecution of the suit dependent
upon the fulfillment of certain terms by
the company. then Judge Hazen will be
! asked to grant a postponement of the
hearing. and fix a new date some DAYS
in the future.
George E. Stoker. one of the attorneys
for the West Sixth avenue people, SAID
/ today:
The injunction suit in the district
court will not be heard tonight We
will settle the case by a compromise of
some sort. We have not quite agreed
/ yet on the terms. / thought the thing
was all settled this morning. The attor-
neys for the two sides got together and
| formulated an agreement which we
thought would be satisfactory, but
when it was submitted to Mr. Myers
! he had some objections to it, and we
will draw up a new agreement which
may be more satisfactory. We will
have another conference this afternoon,
and expect to come to some definite
understanding
| If the old cedar blocks are put back,
J it is pretty safe to guess that the COM
pany will not take any extra pains to
make it good job. And even if they
do their best work. it will be hard to
make the pavement good for anything.
The old blocks were badly broken up
when they were taken out.
1t is not much wonder that Mr.
Myers did not want to have the people
pass Judgment on sample block of
WANTS TO TRY MACADAM.
Vice President Myers, of the railway
company, made different proposition
to the West Sixth avenue attorneys to-
day and it is by them that the decision
is to be made this afternoon. Mr.. My
ers offered to put in a sample block of
macadam and toNlet the West Sixth
avenue people pass judgment upon it.
If, after seeing what can be done with
macadam they decide they don't want it
he will take up the sample and repave
entire with cedar. MIR. Myers said to-
day:
There isn't going. to be any litigation
over this West Sixth avenue business.
We haven't anything to litigate about. L
know that we have no right to use
macadam out there and if the people in
sist upon it we will put back the block
| pavement. But when we started in to
| use macadam we did it because we
thought it would be preferable to the
old cedar blocks. Cedar blocks make
| rough, dirty and uneven pavement at
best and these blocks are in very bad
condition. 1 have made a proposition
that we shall lay a block of macadam
| and let them see it. If they conclude
that it is satisfactory we are willing to
go ahead and pave the remainder of the
street with good macadam. If not we
will put back the blocks. But the COM
pany is not going to pave out there
with brick unless the rest of the street
| is paved that way. IF it was we would
be glad to use brick on our right of way.
! Our proposition is up to the West Sixth
people and they can answer it as soon
| as they are ready to.
TO EXTEND TENTH AVE. LINE
Today the city engineer issued to the
city railway a permit to rebuild the
car line on West Tenth from Kansas
avenue to Morris street. and on Morris
from Tenth to Eleventh. 1t will be a
double track as far as topeka avenue
and single track the rest of the way.
/ L. E. Myers. manager of the COM
pany, intimates, however, that this may
be simply a bluff: that the company is
considering the ACCESSIBILITY of taking
up the West Tenth line altogether In
this case. the West Eighth line would
probably be used to reach bowman
H:n
If West Tenth is taken up and not
replaced. II is probable that a double
track line will be built on West
! Twelfth as far as the present junction
of the Washburn and Quinton Heights
line. IN this case. no line will be built
out West Thirteenth
MIR. Myers is reticent about discuss
ing the company plans for a new route.
He says nothing will be done until B.
E. SUNNY and E W Wilson come to