The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-11
III MUST NOT BE.
People Raise Voice in Opposition
to City Railway.
Latest Request to Haul Freight
in Day Time Considered.
A. L. WILLIAMS TALK.
No Railway Big Enough to Make
Such Demand.
Committee Defers Action on the
Amendment.

The amendment proposed by the
street railway company to their fran
chise permitting them to haul freight
irrespective of hours was taken up by
the streets and walks committee Of the
council last evening and action de-
ferred.
Your ordinance is too broad, Mr.
Kelly said F. Z. Nipps. chairman of
the committee. ut covers too much
ground. I think the street railway
should propose some new ordinance
that won't interfere with the franchise.
I would like to see the street railway
reach these points outside in the sub
urbs with freight, but I don't want to
change the franchise
The action of the committee is in
tended to invite an agreement for
hours which are more seasonable than
those specified now in the franchise
and for a limitation of the freight
traffic to certain streets at certain
hours. Such a tender was partlaIly
made by Mr.. Kelly at the last moment
avenue north of Eighth avenue and
not haul any freight on that street ex-
cept on the hours specihed now, from
u O'Clock p. m. to O'Clock d. III.
[
both decisively in favor Of letting the
amendment go through as first drawn
up; Counclimen Nipps, Hughes, Jor-
dan and sinner demurred. Council
man Hughes was especially emphatic
in his stand. The railway company
was represented by Albert Patten SUI
perintendent and F. G.. Kelly, secre-
tary and treasurer, together with
number of people whom the company
had brought in to bolster up their size
of the argument by testimony and pc
tition. It'll
Weakened to such an extent that ne
had to be assisted up the stairway into
the council chamber, trembling in
every limb but with a voice clear IN
its enunciation. A. L. Williams Tor
merly general attorney for the Union
Pacific. and attorney general for Kan
eas anpeared, before the streets and
walks committee to protest against
amending the street railway francnlse;
.sThis is my last public speech, salo
Mr.. Williams Is he grasped a chalr TOT T
support. Il never thought tnat 1
would ever get up here again But my
interest in this matter was so great
that l couldn't stay at home rms Is
my last fight built IS in a gooo cause
From my long experience exleh Ilu ~
over a great many years / probably
know more what I am about to -spea K
of than 10 per cent of the people
! There can be no such thing unoer our
constitution as an unrepealaoie oral
nance Every ordinance that TINS
council passes can be repealed, altered
or amended The council has NOT
recognized this fact The mistake .hat
! the city councilnen make IS that tney
I believe that they are the slaves OF the
corDoration when as matter OF fact the
corporation is the slave OF the couhCll-
The railroads and corporations rear tHe
cities l think I know what am
speaking of when l say this W e nao
! country and we should have taken their
franchise away from them too Tor CIV
/ ing US the service they did It was az
/ this time that the new street railway
| came knocking at our doors. we gave
Mr. Myers pretty nearly every ing =
that he wanted Now comes demand.
| I Welded to the demand at the time
that the freight be handled between
the hours of 2 and ana l nave Pe ssl !,
ashamed of myself ever since that did
It. Now comes a demand for an en-
| larRement of their franchise.
ssThere Is no railway In the land big
| enough to receive a demand OF thal
/ kind Now have asked and been
told that they do violate this franchise.
What Is the remedy? Take them by
! the throat and shake the life out OF
them. But you will not have TO DO II
You simply tell them that they are 70
| stay within the specified rights Of their
franchise. They'll do 1t. don't you
worry We have always been ralr 10
corporations. They have never com
planned of the treatment ACCORDED
them by Topeka.
"But the trouble Is that in all Of this
the council has misunderstood the
remedy. In order to cure the evil they
give greater license. They have SAID
| THE company violates the FRANCHISE
we will broaden the franchise so that
they won't have to violate it. They
have applied a cure by increasing the
evil. The remedy has always been
| misunderstood Now in this case IN
simple fairness to its citizens the
council should tell these gentlemen tc
come here with clean hands To come
here the same in their corporate ca
| pacity as they would as an lndlViQual
don't think the time viii ever come
when the people Of this town VIII con
sent to see the streets OF this toWr
turned over to freight.
| 1.-THE council should say. Gentlemen
we have failed in our duty but we are
going to stiffen up now Mr. Myers
will Obev It he won't sidetTack his
cars and switch freight UP and dowr
your streets. Tell them II they don
stop 1t that you will take their fran
chise away from them That vii
bring them to time. a franchise In
city of this size will not go begging
stNo committee OF the council should
for a minute consider an enlargement
of the franchise. have come up here
simply as a private citizen. not as ar
attorney for any interest mere IS no
money enough to buy me to come here
as I do now You will understand thi:
when a lawyer says he gives his ser
vices gratuitously.
Mr.. Spencer Protests.
Il had something to do with Thu
franchise said Chas. Spencer, form
erly city attorney. The street railway
company got an extremely liberia
franchise. There is no question that /
is favorable. At the time that the propo
sition was first sprung, that the stree
railway, with all these rights, shoule
spring in here and ask for rights tn
same as the Rock Island. the Santa F.
and tnnra 49, "a ilraads To han