The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-15
City of Olathe Is Restrained by
Judge Mcpherson.
Must Not Revoke Interurban
Railway Franchise.
BRING COUNTER SUIT.
Action for $4,000 Damages
Against Municipality.
Result of Old Quarrel About
Terms of Franchise.

The city of Olathe is restrained from
repeating a franchise ordinance grant
ed the Missouri and Kansas Interurbar
railroad until a hearing can be had
on September in Topeka on the APP
plication for the issuance of a tenn
porary restraining order. The injunc-
ton was granted by Judge Smith Nc
Pherson of the United States circuit
court who is acting in that capacity
during the absence of Judge John G.
Pollock. The injunction was granted
yesterday at Red Oak, Iowa, but the
papers in the case We're filed here In
Topeka only today.
The Missouri and Kansas Interurban
IS an electric line connecting Kansas
City and Olathe and already
In operation. One mile has been
built in Olathe under a franchise grant
ed in January of this year. On August
D an ordinance or resolution was pre-
pared repeating this franchise ordin-
ance, the council passing the same last
evening. However, it does not go into
effect until published and the restrain
ing order will operate before this time.
In addition to this a $4,000 suit for
damages will be filed this evening in
the johnson county district court
against the city of Olathe by the in
terurban company because the city
council repealed an ordinance passed
one year ago.
These two actions at law mark the
progress of a big sized row between
the interurban company and the city
officials of Olathe which has been on
for the past two years. About one year
ago the first franchise ordinance was
passed. later before the road could be
built into the city this franchise was
repealed. Considerable quibbling en-
sued but in January another ordinance
was passed granting the desired fran
chise. The road was built into the city
the company agreeing to pay $4,000
towards the widening of Park street,
one of the streets down which right Of
way was granted, in addition to $4,000
in the way of bonus.
Friction then originated over the
payment of the money which the
company had agreed to make and as
a result Of this the city council of
to repeal the franchise or
dinance. The road claims that it
would be irreparably damaged If 1t
should have its franchise annulled
interests worth $4,000. represented
in trackage and right of way In the
town of Olathe.
A representative hurriedly made
the trip to Judge Mcpherson at Red
Oak, Ia, this week and secured the
necessary authority to tie up repeal
Of the franchise, until a hearing could
be had on the merits of the case.
AS a further get back" at the city
and mayor a damage suit of
. OpUVU WAS tOddy HI hAAC OOAAiA-
son county district court against the
city of Olathe which is claimed by
reason of damages sustained by the
repeating the first franchise
which was issued a year ago.
1--WE had intended to build on to
Topeka" said Mr.. Hunt, a represen-
tative of the interurban road, but we
ire running into SO much trouble at
Olathe that l question whether we
will attempt to go any further. We
are maintaining an hour and half
schedule between Kansas City and
Jlathe and are operating the whole (!
ength of the line"