The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-08
New City Railway Franchise
Must Be Changed.
A. L. Williams Makes a Con-
vincing Address.
HIS VALUABLE ADVICE.
Tells Council About the Neces-
sary Limitations.
What Development Of Trolley
System Means.

Archie L. Williams, advisory attorney
of the Union Pacific railway and ex-
attorney general of Kansas, came down
town last night and gave the ways and
means committee of the city council
some of the most valuable advice it will
ever receive on the subject Of street rail-
way franchises. He is radically opposed
to the passage of the ordinance as pro-
posed by the company.
The committee took no action in the
matter. except to formulate few gen,
eral propositions as basis for future
action. The attitude of the committee
seems to be about as follows:
The company can not cross the KAN
sas avenue bridge
It can not expect a renewal of its old
franchise. giving the right to run on
any street in town
1t can not put double track across
the Sixth street viaduct.
It must allow policemen. hremen. and
possibly mail carriers to ride free when
in uniform
It must allow a stipulation that $780,
600 will be spent is rebuilding the lines
to go into the franchise
1t must allow the city to specify the
minimum weight for rails. and the min
imum size for cars.
The franchise must specify what kind
of rails shall be used and how they shan
be I'D
School children must be allowed to
ride to and from school for half fare.
The company must agree to enter into
traffic arrangements with any new
suburban lines which may be built into
TCoeka.
reduce the fare to less than five cents at
some future time.
When a track is taken up on a street,
the street must be restored to good con-
dition.
When the company lays track on a
street already paved, it must reimburse
the property holders on that street for
the right of way pavement.
WHERE OPINIONS DIFFER.
On the above mentioned points the
city is likely to stand pat" and the
company will probably not make any
very serious objection. The chance fOI
argument will come on other matters
concerning the terms Of the franchise
where the members of the committee
have not yet fully made up their minds.
or where the company will not consent
to the proposition.
For pie, some of the committee
seem to think that the city should in.
sist upon having a small per cent. O.
the gross receipts of the company as
pay for the franchise. Other members
think that the city has no right to sch
a franchise in this way, and that in
stead the city should demand cOnces-
sions in the matter of fares to be
charged. Councilman Howe said: Il do
not believe in selling the franchise, be-
cause that would be a tax upon the pa
irons Of the road for the benefit Of the
city at large"
Another question is whether the fran
chise shall be granted for 80 years, or
for 25 years, or for 20 years. There are
advocates Of each and some even think
that the company should be content to
let the present franchise run its time.
third question of great Importance
is whether the company Shall be grant
ed a franchise over certain streets. or
over the whole city. The company
wants the right to lay its tracks on any
street for the first five or seven years,
and afterwards be restricted to the
streets which il has occupied up to that
time. T. F. Doran, attorney for the
company, says the New York experts
are picking out a new right of way for
the city railway to rebuild on and that
at present il is impossible to say ex-
actly what streets the company wants
to use.
The question has also been raised as
to whether the council is granting this
franchise to a company which is actual-
~ in existence. There seems to be con-
siderable doubt whether the proposed
merger has been legally consummat ted.
Some Of the members of the commit
tee also seem to want something put in
to the ordinance to compel the company
to build line into the western part of
North Topeka. or possibly a general
r1rorfcfo74 fo the nffoc4 t1,ot