The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-03
Council Orders Bill Paid for
Which City Isn't Liable.
MUST PROVIDE BONDS
Men Who Do Work Must Fur
nish Protection.
West Sixth Avenue Paving
Question Is Brought Up.

to pay $3.50 to settle a $l,OOO damage
suit for which it was not legally liable
nor under any moral obligation to pay.
simply because the party who really
was liable was considered irresponsible
financially. and the $3.50 was the price
of peace.
Directly resulting from this mulct.
the council instructed the city attorney
to draw up a new ordinance which will
require all contractors doing work in
Topeka to put up a bond of $1,000 to
save the city harmless in similar dam
age suits. This ordinance will be passed
at the next council meeting, and the
contractors will thencefOrth be on the
same basis with plumbers. who are re-
quired to give $1,000 bond
The $3.50 will go to Mrs. Kate Stevens,
and East side woman, whose horse ran
| away on East Fourth street one night
not long ago and coIlided with big
pile OF brick in the street in front OF
the new railroad Y M c. A. building
Mrs. Stevens was thrown out and badly
hurt. 1t was evident from the teSti-
mony of many witnesses, one of whom
was Councilman Joseph Griley, that the
contractors had no danger lanterns on
the brick pile, and City Attorney Spen-l
Ger advised the council to pay the $3.50,
as the contractors were thought to be
not good for the loss. The contractor
was no doubt wholly to blame in the
matter, but it is claimed that he is one
] VI Tie pGODiG VIII 10 Ju06l11C pAOOA.
When the new ordinance goes into
effect the city will be protected in such
cases by the $1,000 bond, just as it is
protected by all plumbers who exca-
Vate in the streets.
BIG FIGHT OPENED UP.
At last the old question of who shall
repair the West Sixth avenue pave
ment has been brought before the
avoid. A petition signed by 55 resi-
dents on West Sixth was filed, asking
that the council repair West Sixth. 1t
was referred to the streets and walks
in this matter will establish prece
dent of grave Importance.
If it is agreed to repair the street, it
means practically that the whole
street. from Harrison to West street,
shall be repaved with cedar blocks at
the expense of the general city funds.
The old pavement is too far gone to
make patching of any value.
City Engineer McCabe said in regard
to the petition: THAT West Sixth ave-
nue. pavement IS too far gone to patch
up. 1t would not be a profitable or
wise thing to do. Even if the city
should put in new cedar blocks where
the holes are, it would. be necessary to
tear up the greater portion of the pave
ment. and what was not replaced this
year would be all gone in another year
or two, necessitating the re-Daving of
the rest of the street"
If West Sixth avenue is repaired at
the city's expense, it means that East
Sixth will have to undergo a similar
treatment. East Sixth is almost as
bad as West Sixth.
The following is the petition sent in
by the West Sixth avenue people:
Peter Smith, L. Y GrubDs w E.
Kirkpatrick, John S. Grice and a large
number of other owners of property on
! West Sixth avenue between Harrison
and West street, in the city of Topeka,
respectfully present herewith to the
mayor and council of the city of Topeka
their petition that you cause to be re-
paired at once the pavement on saio
avenue between Harrison and West
street. This pavement was laid thirteen
years ago and during all of that time
the city has expended practically MOTH
! ing in keeping said pavement in repair.
Other pavements have been kept in re-
pair at the expense of the city, but west
of Harrison street on Sixth avenue the
pavement has received no attention or
care whatever. In places the cedar
/ blocks have become rotten and dis
placed, leaving large and dangerous
holes, making traffic hazardous and
practically impossible. Your petition
ers believe that the city can put said
pavement in passable condition by the
use of new cedar blocks where old ones
are worn out, and that said repairs can
be made at reasonable expense. Your
petitioners claim as matter of right
that the pavement which they have
paid for should receive from the city as
much consideration. care and attention
as has been given to the pavements on
other streets in the city. and we there
fore ask that you cause said avenue to
be repaired and put in good and passa-
BILE condition at once"
PLANS FOR PILE BRIDGE.
Plans for the proposed temporary pile
bridge for the city railway over the
Kansas river were placed on file with
the council, together with a commune
cation from City Engineer McCabe,
recommending certain minor changes in
the plans.
Under the terms of the franchise the
plans must be approved by the council,
and they were referred to the streets
and walks committee for consideration
planning to oppose the approval of
these plans until the street car COM
pany will agree to build the bridge west
of the Melan bridge instead of east of
| that structure.
The plans are drawn by w. L. Steb-
bins of Chicago. They provide for a
bridge very similar to the old city rail-
way bridge. 1t will be 912 feet long,
but only Ia feet wide, providing room
for only one track. The material win
be long-leaf southern pine, with white
oak or cypress piles. The piers each
| consist of four piles, but the city engi-
| of the river, two extra piles be driven,
one on each side at a slant, to brace
the panel. The panels are Is feet 2
inches apart and the Stringers are Ia
inches high and inches thick.
L. A RYDER SWORN IN.
Before taking up any business, Mayor
Bergundthal announced the appoint
ment of DR. L. A. Ryder of North To-
peka to succeed J. w. Blossom as eoun-
Gilman from the First ward. DR..
Ryder's appointment was unanimously
confirmed. and he took the oath of office
and assumed his seat.
This change makes s. r. Kutz senior
councilman from the First ward, and
henceforth his name will appear first
on the roll call
DIR. Ryder will assume all the COM
mittee work done by Mr. Blossom He
is chairman of the health and sanitation
committee and a member OF the ways
and means committee and public build
ings committee.