The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-05
Do NOT OBEY LAW
Myers Says Edison Company
Can't and Won't Submit.
It Violates Franchise Now and
Will Continue to Do So.
HELD HEATED SESSION
City Council Committee Votes to
Refuse Desired Changes.
Fight Will Now Go TO Floor OF
the Council.
Contend That Proposed Changes
Should Stand on Merits.

Edison franchise.
The three referred to considered the
offer of the street railway company
with reference to extending aid in re-
building the viaduct in the nature of
clubbing the council into line.
Therefore the committee returned L.
E. Myers request for new franchise
burdened down with the committees
disfavor. The committee recommended
back to the council that the new fran
chise be not passed. If the franchise
is to be presented again trimmed of
the viaduct proviso and solely on its
own merits, good enough, said the COM
mittee.
The members of the committee who
voted to report the franchise adversely
were Hughes, Nfpps and Montgomery.
Those who voted for a favorable re-
port were Swendson and Green.
MI. Myers Talks Plainly.
In the discussion over the proposed
al endment to permit discrimination,
Mr.. Myers said: We can't serve any
customer under that anti discrimination
clause and we are not going to do It.
You can't compel US to do it. In fact
we haven't been Obeying it. Nobody
can put out electricity and steam heat
and not discriminate. That Cause will
have to come out 1t prohibits US from
making rates that we would like to
make and getting business that we
should get. We cannot do business
under that section unless we go into the
United States court for receivership
papers. 1t is so manifestly unfair that
you expect US to do business under it,
THE section is the most important OF
the whole franchise We think 1t is all
right and our company doesn't object
to it's being there" said Maunsell
mo, because you haven't got any
business" said Myers.
Maunsell called on the chairman to
protect him from interruption
Il know something about rates." con-
tinued Maunsell. Il can put in rates
under that section that will make mon
ey There is no reason why the Topeka
Edison company cannot put in rates
that will make them money. AS far as
| this clause is concerned the users Of
electricity will protest very strongly
| against taking that section out
The Topeka Edison company is re-
ducing rates to and cents but the
little consumer will be paying for
them"
F. G. Dreaming, city attorney, stated
that the council would find itself in
| lot of trouble with the people if it at
! tempted to allow the section regarding
discriminate to become part of a
franchise
Councilmen Montgomery and Nipps
stated that they didn't like a franchise
| to be submitted with a st!4Tig to it and
! thought that the franchise shoulf come
up on its own merits.
IT'S poor policy and poor judgment
to change a franchise that has just been
passed Is months before. The city bet
| ter take It's own money and rebuild the
viaduct without anybody else helping,
said Councilman Hughes
Railroads Not Parties to Fight.
Mr. Myers and his Cohorts" as F.
G. Dreaming termed them in a fiery
speech to the committee, waited in an
| adjoining room while the committee
| arrived at it's decision in an executive
| session When Myers heard the news
! he was not pleased.
It seems that after all the Missouri
| Pacific and the Santa Fe railroads are
not making common issue with the
street railway on the Edison company
| franchise. 1t doesn't make much diff
! ference to them If the franchise does
or does not pass; their aid, If any is
extended, will not depend upon the
franchise issue.
F. E. Nipps. councilman of the Third
ward. reiterated for the benefit of the
| special committee, the assurance tina
| the railroads were not making then
appropriations for the rebuilding of the
| viaduct based on the grant OF the penu-
ing franchise.
Having cut loose from expectation:
of aid from the street railway by turn
ing down the application for new
franchise for the Edison company, the
I council will continue negotiations with
the Missouri Pacific and the Santa Fe
these are the two sources from which
money will probably be forthcoming
If the negotiations fall through
some wav and somehow the council i:
goine to raise the money and build the
viaduct anyway.
"Bv about the first Of the year the
CITY will be about even. We will have
plenty of money about the first of thF
wear. the taxes will be coming in dur
ing the first two months but we vii
he taking money out of this for run
ming the city for those first thre'
months when it really belongs 10 tn'
next fiscal year. said Mr.. Green 81
may be possible for US to raise thu
money in some way and pay for 1t en-
tirely ourselves
The report of the special committee
will be made to the council next Mon
themselves today to the effect that
fight would be precipitated by the Edi
son company at that time in an ehor
to reject the committee report Myer
will probably work on every membe
Of the council between now and Mon
day and as he is a strenuous hgnter' !
IS not expected that he VIII resul
tameIy to a defeat.
David Overmyer. C. r. Maunsel, J
W. Robinson, W. W. Mills and A II
Auerbach were present for part
the time.
David Overmyer's Remarks.
Overmyer stated that the new fran
chise would mean the extermination Q
the new company and Nlrtua
monopoly
said he IF you grant this you your
selves are violating the antitrust law
of this state. AS far as am concerne
spent five months on this matter I'M
summer and don't expect to do
srair- we spent month after mont
with this franchise which they wan