The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-09-24
TO Get CONTROL.
City Will Make Rules for Street
Railway.
Heavy Penalty for All Violations
Provided.
OLD RULES REVIVED.
Mayor Green Discovers Strict
Ordinance.
Would Make Railway Pave On
Unpaved Streets.

For the last twenty years the To-
peka street railway has used the
streets of this city much as it pleased
there has been nothing in the city
ordinances enforced to such a degree
that the operation and the construction
of the street car lines could be gov
erned by the city. But the present
administration has taken the matter
in hand and within the next few weeks
every street car in Topeka will run
down the street under the rigid rules
and regulations of the city, every rail
and every piece of construction will
have to pass through the hands of city
officials and even the courtesy to pas
sengers will have the seal of the city
of Topeka attached
The judiciary committee of the city
council will meet Monday night and
discuss the plans for this new set of
rules and City Attorney Ralston will
be given orders to draw up an ordi-
nance covering the whole proposition.
A misdemeanor will be attached to
| violation of this ordinance.
i The city has always made weak at
| temptS at debating to the street rail-
/ way On their use of the streets, but on
| and no real grounds for dictation moth
/ ing could be done. For instance the
| city has asked the company a number
of years to refrain from allowing box
street. The petition has been desre-
! garded and apparently the city was
| powerless to demand that it be
honored.
The city could, of course, take these
| matters to coudt and ask that the fran
chise be forfeited. However, there are
very few courts that would forfeit a
franchise against a street car company
| for allowing its cars to stand in the
| street. Thus. 1t remains that in the
past the city has simply asked the
| street car company for courtesies and
| the company has either extended them
or ignored them, as was it's pleasure.
| Provide for Penalty.
The new ordinance will do away
with all of this you first, my dear
CASTOR" action. The ordinance will
provide for heavy penalty for viola
lions to the rules and regulations and
still the regular franchise will not be
| touched. 1t is matter that has been
| bothering the city for some time and
matter that was first introduced under
| the Davis administration by the pres
| ent Mayor Green and was lost at that
| time on account of the attitude of
number of the members of the council
Mayor Green has again instituted the
ordinance and If the city councilmen
| do not lose their nerve it will pass
without a whimper.
| While looking through the old or
Ginancs book the Jother day Mayor
Green came upon an ordinance passed
| ir 1897 when D. c. Metsker was mayor.
This ordnance maze a numDor OF rules
and regulations and provided for a
penalty. But during the last 20 odd
years of busy administrations the or
cinance was lost in the sQuabble. There
Lere some mighty interesting facts in
this ordinance-and the ordinance is
las good today as the day it passed.
/ For instance the ordinance says that
the street car company shall pave or
ImaCadamiZe between its tracks on all
unpaved streets. This is very inn
portant section-it would be a great
thing for the Topeka unpaved streets
| to have a good paving or macadem
| between the street car rails. 1t would
dc away with the constant pounding of
mud and water on each side of the
rails during muddy weather and would
really make a good driveway. There
may be some injustice to this rule be-
cause there are a number of streets in
Topeka to be paved next year-Streets
that are used by the railway. 1t would
be a great expense for them to macadam-
ize at this time and then tear up and
pave the next year. But 1t is a city
ordinance which could be enforced if
the council, desired.
Old Ordinance Touches Points.
Then there is another section of the
ordinance that would cause trouble. 1t
says that no cars shall be propelled
[along a street within 300 feet from each
other unless coupled and unless on ac-
count OF an ecci6ent-this refers to cars
going in the same direction. This would
cause coTist CREATION among the railway
officials if enforced-and the city would
be legally able to enforce every letter
There are number of other provisions. |
The street railway company is not al
lowed to make repairs or do construc-
ton work on more than three blocks
at time when the streets are shut up; !
that the conductors on the cars shall
announce eevry street. day or night; |
that the street car company shall keep
fits tracks free from dirt, debris or
weeds Of any kind; that perfect sched- |
ule time shall be retained unless on |
account of accident: that no cars not |
in actual passenger use shall be allow |!
ed to stand on the streetS-thlS would
put a ban on the old Jackson street |
trouble.
All of these things could be enforced |
and the street car company could be |
placed III an expensive and embar- |
RAISING position-but the city has allow |
ed it ali the liberties of an open fran |
chise. The new ordinance will include
a number of these points and will make |
additional ones-not only in favor OF
the city and the travelling public but
in favor of the street car company
When this new ordinance is drawn up
and passed it will only be after some |
lively scraps and lobbying In the old
council chamber. Big times are COM
ing!