The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-08
LEGAL.


posts or blocks for the tying of horses"
|, Councilman Stanley presented the fol-
lowing resolution:
Resolved. BY the mayor and council.
tnat the board of education be granted
the use of the Auditorium for Friday eve
nng; Feb. It'll, for graduating exercises
further
Resolved. As the board of education is
department of our city government that
the said use of the Auditorium be granted
without cost to the board of education.
On motion of Councilman Howard it was
referred to the public buildings committee
with instructions to grant the request.
me following resolution was presented
by Councilman Hughes:
whereas, The Excelsior Coke & Gas
COMPANY and the Consumers Heat, Light
and Power Company have wholly failed
and neglected to furnish sufficient gas to
the inhibitants of the city of Topeka and
has violated the terms of its franchise
contract in this to-wit:
First: That they have laid their mains
or distributing pipes in the parking
grounds of the streets, of the city of To-
peka in violation of section No. 676 of the
Second: That they have laid their
mains or distributing pipes within less
than six feet of the curb line of the
ton of section No. 677 of the Revised Or
dinances of the city of Topeka;
Third: That said Excelsior Coke &
Gas Company and said Consumers Light
Heat and Power Company have made
thousands of excavations or openings in
wholly failed to cause the same to be re-
paired and placed in as good condition as
made within raasonabl OF te
in violation of Section No. 678 of the Re
vised Ordinances of the city of Topeka;
Fourth: That said Excelsior Coke &
Gas Company and said Consumers Light,
Heat and Power Company have wholly
failed and neglected to file a map or plat
with the city engineer of the city OF To-
peka, showing the size and location Of all
gas mains or distributing pipes laid in the
city of Topeka, in violation of section No.
ess of the Revised Ordinances of the city
"Fifth: And that said Excelsior Coke &
Gas Company and said Consumers Light,
Heat and Power Company have wholly
failed and neglected to furnish sufficient
gas to the Inhabitants of the city of To-
peka for domestic consumption, and that
| the gas meters of said gas company have
measured the same amount of gas when
/ there was not sufficient gas to furnish
| either heat or light, as when there was
an abundant supply for such purposes,
and said gas. companies have wholly fail
| ed or neglected to correct such inJuStices
bills for the time Of such insufficient sup
ply of gas, now. therefore, be it
| of the city of Topeka that it is the sense
OF. this body that. the franchises undo,
pany and said Consumers Light, Hea1
and Power Company are operating, to-wit
Ordinances NO 2fa4 2asS and 293o shou ls
| and is hereby instructed to commence
within ten days. in the nature of quo
4 warranto in necessary court of equity, tt
have the franchises of said companies
forfeited, annulled and declared void"
| On motion of Councilman Kutz it wal
| referred to the judiciary committee, II
connection with the city attorney, by tbs
following vote: Ayes~Blakely, Holiday
Howard, Jordan, Kutz, Lannan, STANLEY
and Van Ness Noes-Horn, Hughes
Montgomery and Tandy-.
| On motion of Councilman Stanley coun
| Gil adjourned until Monday, Feb. 10, 1908
| at 1870 o'clock p. m