The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-04-18

fault. and the fault of those who put
such men in Office to transact public
business
This franchise ordinance came up
in open board, was read number Of
times, heard by everybody, examined
by the mayor. published in the pa
pers. and finally signed by the mayor.
II II was not all right. something
should have been said about II at the
time. Nothing was, and Il must
be taken for granted that the fran
chise was then satisfactory. II must
be satisfactory now. II says plainly
that the street car company does not
have TO stand any of the expense OF
reconstructing street except the
cost of taking up old rails and ties
and putting down new ones. This Is
what the law says and the law Is what
the city and the street car company
must go by.
The question whether or not II Is
right and equitable does not figure in
this case. It's simply a question OF
whether or not it's law.
The street car company did not
make the law, and can only abide by
IL. SO must the city.
when the controversy over Third
street arose, the only thing the city
should have done was to comply with
the ordinance. and make the street
car company do likewise The city
became stubborn. II didn't tote
fair" II took the untenable position
that the street car company must pay
for material and labor that its fran
chise says it does not have to pay for.
position taken only because the city
thought It saw chance to gouge the
street car company.
The law, however. admits of but
one construction. demonstrating a
street where there are car tracks,
means Just as much a suitable pro-
! vision by the city for such tracks, as
It does that storm water sewers are
to be provided for on certain other
streets.
The city has nothing to gain, and
considerable to lose, by wasting time.
It has stopped work even on the
storm water sewerage that should be
under way ON Jefferson and Ken
lucky avenue. why? Simply be-
cause the street car company's fran
chise says It shall mot be required to
stand any of the expense Of such re-
building or re-construction," and the
city wants IL to stand part of the ex-
pense. The street car company has
simply dealt in a business-like way
with a business proposition. No indi-
vidual, firm or corporation is going
to pay out $4,000 or $4,000 of its
good money when the law says 1t is
not liable for it.
The best thing the city can do is
to let this work proceed and have the
legal liability for the cost threshed
out in the courts later on. Paducah
now has probably. more lawsuits on
its hands than any other city in the
United States of its size. There was
a big assortment of them reported
last night at the council meeting.
One was the restraining order notice
of the street car company to stop
some of this city work; another was
the suit of the city prosecutor to col
lect back salary he claims is due him !;
another was suit to prevent the
city's collecting taxes on an island
out in the river. and still another was
the appeal suit of the auditors agent
against the city to collect back taxes
on certain buildings. In addition,
there were several more Changing
suits,-all reported in one night.
Should not the general council
pause a moment and consider?