The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-26
City Railway Confirms West
Thirteenth RumOr.
Engineer James McCabe Refuses
the Request.
TO MAKE A TEST CASE.
Question of Right of Company
Will Be Determined.
Determined Opposition to
Change on West Side.

Friday afternoon the City Railway
company applied for a permit to exca-
vate for the construction of a new
double track railway on Thirteenth
street from jackson to Buchanan. City
1 Engineer McCabe refused to grant the
permit pending some action by the city
council w F. Weber. chairman of the
streets and walks. committee. has called
special meeting of that committee,
together with all other members OF the
council who desire to attend. for Mon
day morning at o'clock The committee
will go over the route proposed on Thir-
tenth street.
1t is the purpose of the city railway to
make the Thirteenth street application
a test case. If they succeed in convinc-
ing the council that the permit should
be issued. and succeed in beating the
opposition of the people living on Thlr-
tenth. they feel that they will nave
very little opposition to going wherever
else they please in the city.
For the present, the company will not
make application for any more permits
to excavate on new streets. The numer-
Gus changes in route which were de-
scribed in Fridays State Journal will
not be officially announced until the
Thirteenth street question is settled.
Thirteenth street is the key to the whole
of the proposed changes. If it is not
allowed, it will necessitate complete
revision of the plans which the COM
pany has made
The officials of the railway company
filed with the city engineer Friday af-
ternoon a map of the changes in route
which they proposed to make After it
was filed the officials returned and with
drew ii. They said that the State Jour-
nal had told what they were going to
do, and that they had decided simply
to make application for the Thirteenth
street right of way. and let the rest go.
The supposition is that the company
decided that it would run into too much
opposition by laying open it's whole plan
at once. 1t probably came to the con-
clusion that it would be better to ask
for one thing at a time. Thirteenth
street was therefore selected as a test
of what the council will do One of the
leaders in the council said this morning
that he did not believe the city could
refuse to grant the excavation permit
it having already given the company the
right to build on Thirteenth street by
means of the franchise.
There are many people living on
Thirteenth who will not object to hav-
ing the street cars there. Some Will no
doubt be glad to have the line built.
The opposition to it is strong, however
The people who own large homes are
all fighting the proposed change. They
have told several of the members of
the city council that they will fight
the city railway in the courts rather
than have it pass by their houses.
w. r. Weber, chairman of the streets
and walks committee, said today: 1
don't know that the city can do any
thing 1t does not seem exactly right,
however, for the company to put a
double track on such a narrow street
as Thirteenth. In some places. there
will not be room enough left in the
street for vehicles. / have been told
that there will be an injunction suit
brought if the company attempts to lay
its tracks on Thirteenth"
If the people on Thirteenth decide to
bring an injunction, they may try to
get permission to use the name of the
city, and this would hold the city liable
for the costs.
While the application for a permit
states that the company wants to build
from Jackson to Buchanan. the under
standing is that the line will connect
with the existing track at Cla-- street.
Buchanan and Clay streets are some
IS difficult to tell exactly which is
which
TROUBLE BREWING ELSEWHERE.
Another injunction suit against the
city railway is brewing. DIR. L. Y.
Grubbs. George E. Stoker, A. NJ. Fuller
and others arc opposed to the macad-
amizing of the street car right of way on
West Sixth. and are talking of calling
meeting of residents of West Sixth
to take some concerted action in oppo-
sition to the macadam plan
The street car company is going
serenely ahead. under authority of the
agreement signed by seven councilmen,
to put in the macadam in place of the
old cedar blocks.
George E. Stoker said this morning:
so far as 1 know. there have been no