The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-04-12
Street Car Company Will File
an Injunction Suit.
A Construction Of the Franchise to
BE secured In All the Courts
Third Street to Wait.
ACTION OF COUNCIL TO BLAME.

The thousands OF people who have
been anticipating with pleasure the
reconstruction of South Third street
from Kentucky avenue to Broad
street will be disappointed to learn
that the Improvement Is to be inden-
nitely delayed The people must sit
still and walt while the city and street
car company are contending in the
various courts through the vicissi-
tudes of demurrers, rejoinders, sur
rejoinders, afIidavits for continuance
es, trials, motions for new trials, the
possible granting of new trials, APP
peals and possible reversals, the case
possibly at last only to be sent back
to go through the same things again.
The fact that Third street will not
be paved at present was determined
by a meeting of the officers and d.
rectors of the Paducah City Railway.
company this morning to take action.
in regard to the general council's in-f
structions to the city engineer to pre-
pare plans for the reconstruction OF
the street leaving out any provision
whatever for car tracks.
The street car company, according
to its officials, expects to pay for
whatever their franchise requires
them to pay for, but they propose to
have the street beneath and between
their tracks just as 1t has been on
other streets that have been paved,
no matter whether the company has
to pay for il or the city. The inten-
ton of the city to prepare plans for
the construction of the street leaving
out the car track would cause meal
culable injury to the car line, and
If it is simply bluff to force the COM
pany into paying something that IL
does not believe the law requires 1t
to pay, the bluff win be called.
The street car company will file an
injunction suit as soon as possible
and prevent any work being done un-
der the present plans of the city.
There is plenty of time to file 1t, as
It will take several days for City En-
gineer Washington to alter the plans
so as to leave out the street car tracks
and then, two or three weeks to adj
vertise for bids and let the contract.
In the meantime the street car COM
pany will have its attorney prepare
suit which will prevent any work
on Third street until the franchise of
the company has been construed by
all the courts up to the highest. At
ter that the city and the company
will have no cause to disagree over
such matters.
General Manager George C. Wal
lace this morning, after the meet
ing of directors, authorized the fol-
lowing statement:
Heretofore we agreed with the
board of public works, on which oc-
casion the mayor was present, to sub
NIT our differences relating to the
improvement of Third street, to the
circuit court for a decision in a
friendly suit. but the general council
has refused to abide by this agree
'ment, and has therefore left but one
course open TO us, and We will adopt
it, namely: the filing of suit in the
circuit court to ascertain our rights
under our franchise.
I'VE think IL wise for us as well
as the city to have full construc-
Ition as to what our rights are under
this franchise in view of the extensive
Improvements contemplated. and we
do this. not only to ascertain our
rights under the present construc-
ton of Third street, but also any new
improvements which may be made on
the streets over which our lines OPP
crate under this franchise.