The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-06-24
FRIENDLY LAWSUIT.
1t Will Be Means of Settling Fourth
Street Controversy.


T. F. Doran representing the city rail-
way, have agreed upon a friendly suit
to settle the West Fourth street paw
ing controversy. An agreed statement
of facts has been drawn up by the city
attorney, and is now in the hands OF
the city railway attorneys 1t is like
ly that within a. few days the suit viii
be filed in the district court, and with
the consent of the judge, given a
speedy hearing.
The suit will be in the nature Of
mandamus proceeding, to compel the
city railway to pave its S-foOt right of
way on West Fourth between Polk and
Western avenue. Mr.. DOran states that
the city railway does not desire to
avoid laying this disputed piece of
pavement, provided the courts deter
mine that it is the city railways duty
to do so.
I'VE do not want people to think that
we are the ones who are blocking the
deal, and causing that portion of the
street to remain unpaVed, says Mr.
Doran. I'VE believe that we are not
legally liable to lay the pavement, be-
cause we have no tracks on that street
and do not expect to have tracks
there"
1t was proposed by the attorneys for
the railway company that in order TO
facilitate a settlement of the dispute,
the attorneys select a board of arbi-
tration composed of three attorneys,
one selected by the city, one by the
company and these two to select
third. The arguments in the case
would then be made before this board,
and a decision reached within COM
paratfvely few days. City Attorney
Spencer did not think that this way Of
settling the dispute would be entirety
satisfactory to the residents of West
Fourth He held that the best way TO
courts. and arrangements were then
made for the friendly suit
While the city attorney and the rail-
way company attorneys have been hx-
settling the difficulty, the people who
live on West~FOurth have been getting
very mad, and a number Of them have
been loudly demanding that an IN
junction suit be commenced to compel
James Ramsey, the paving contractor,
to cease his work of paving Fourth
from Polk to Western avenue until
the trouble between the city and the
railway is settled. City Attorney Spen-
Ger says this sort of suit is no good.
What do they want to try that
for2" he asked this morning Ram
sey hasn't done anything wrong. He
is simply going ahead with his con-
tract Just as the city ordered him to
do. He has a right to pave that
street. It isn't his fault that the city
railway and the city have had a dis
The case when it comes before
Judge Hazen will have some interest
/ ing points to be decided When the
people living on West Fourth petit
I
/ tracks extended the whole length of
the place it was proposed to pave. The
regular legal routine was gone
through with, leaving the usual s.
foot right of way for the railway
/ company to pave. The contract was
let on this basis. and had it not been
for the delay last year the pavement
| would have gone in during the sum-
mer of 1903. But after all the pre-
/ liminaries had been finished, and the
/ bonds to pay for the pavement sold,
4 the city railway changed its plans and
| decided to turn off of Fourth at Polk
and build its line west on Third. This
/ left the block between Polk and West
| ern avenue with no railway track, and
with no provision for paving the g.
/ foot right of way which had been left
/ for the track The law prohibits the
city from using any of the general
funds for paving, and the special paw
/ ing fund has no money which can be
used for the purpose.
That is the situation as it exists
The city contends that although the
city railway has abandoned its right of
way on that block. it is bound to obey
| the provisions of the ordinance regu-
lating the abandonment Of right of
way on paved streets. This part of the
ordinance requires the company to
pave its right of way in the same way
the street is paved when it abandons a
| paved street.
Unless the city railway does pave this
S-foot strip running the length Of the
| block, it will probably stay unpaved
| until some future time when the pro-
! perty owners on that block see fit to
| pay the cost of the work