The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-14
Would Have an Ordinance Pro-
viding for Fines.
At STREET RAILWAY.
Have Been Paying No Attention
to Freight Regulation.
Third Street Turned Over for
the May Carnival.

ISAuploySS o1 the pupHc cor pOrdL lions
arrested. hailed into police court and
fined for violating the provisions of the
corporation franchises is what the city
council believes is an effeetive method
OF enforcing obedience to those provis-
ions. Every franchise provides that it
may be forfeited il the provisions are
but an attempt to enforce the forfeiture
clause means lawsuit of large proper
lions and of considerable length.
Some police regulation which could
bring about enforcement without run
ming into a prolonged lawsuit to be
enacted into an ordinance is the instruc-
ton which was delivered to the city at
torney by the council last evening.
The resolution embOdying the instruc-
ton was introduced by. Councilman
William Green. He said: Several priv
ileges have been granted from time to
time to corporations but there are no
ordinances which provide for the terms
of the franchises when some of these
provisions are violated. I had this call
ed to mind especially by the street rail-
way in running freight cars through The
city streets in the daytime when the
ordinance fixes the time when they may
do such a thing
I question whether we have the right
to pass such an ordinance as Mr..
Green's resolution calls for" said
Councilman SWendson- 1.-The franchises
provide for a forfeiture clause for any
violation and I rather doubt whether
you could pass an ordinance fixing
fine for a violation, I have no doubt but
what such an ordinance would be a
good thing
L think it would be a good thing to
refer it to the city attorney and let him
investigate whether we can or not, = re-
piled Mr. Green. i realize that the for
fixture clause is meant to punish VIC
lations of these privileges but We all
know that it meansa lawsuit which will
be dragged for a. long time through the
courts at a heavy expense if 1t is en-
forced ] think where we can arrest
them and fine them we could push
proper Observance
The resolution follows:
Be it resolved, by the mayor and
councilrnen of the city of Topeka, that
the city attorney be and Is hereby di-
rected to prepare an ordinance max
ing it a misdemeanor punishable by me
for any corporation, company or 1ndl-
vidual to whom franchise, right or
way or privilege of any nature have or
may hereafter be granted by ordinance
or resolution OF tbs CITY council to VIC
late any OF the conttftidhs Of such- fran
ehise, right Of way privilege
A resolution granting the entertain
the use and control Of all of Third
street from alley between Kansas ave
nue. and Jackson street, and 100 feet
of Jackson street south of Third street
for the Parker shows, the week Non-
menclng April &c. was adopted.
The adoption of vitrified brick, the
same as used for paving, for sidewalks
constructed by the city is the plan
which Councilman Sinner deems IS
advisable Mr.. Sinner introduced a
resolution last evening which was re-
ferred to the streets and walks commit
tee. calling for paving brick for side
walk use The cost would be only 90
cents a thousand more" said Sinner
so many sidewalks contain bad brick
which shells away that I think we
should use some other brick.
A request from ]. A. Woodhall ask
ing permission to connect lots 5So-oof
Western avenue with sewer has been
referred to the committee on sewers.
A resolution instructiug the city at
tornev to prepare an ordinance vacat-
ing all the streets and alleys situated
In Willow park on West Sixth avenue,
vas adopted The resolution was pre-
scented by Councilman Swendson.
A resolution instructing the street
commissioner to place College avenue
between Fifteenth and Huntoon streets
to grade has been referred to the
streets and walks committee.
The council adjourned to meet Tues
day, April IT,
Spies Follow Gorky.