The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-08
FENCE UP STREET.
Fast Side Woman Would Have
Lawrence Street.
She Also Claims Ownership OF
Neighbours Property.
CITY FIGHTS CLAIM.
Officials Out in Force to Fill
Post Holes.
NeighbOrhOOd Row Touches Up
the Situation.
CITY FIGHTS CLAIM

Who owns Lawrence sI0e'
Third and Fourth?
This is a question that is involving
the legal talent of the city of Topeka
ard the attorneys of Mrs. James DwyeI'
300 Lawrence street. The city ofnclais
claim that Lawrence street is puohc
Highway and should remain open 10
traffic. Mrs. Dwyer says that the street
belongs to her and she has threatened
to huild a fence around it ana plant
flower beds. ,-,,ood
To say that there is a neighborhooo
row near the vicinity of Third ana Law
renee is putting the matter e an xiv of
Dwyer not only threatens the CITY "
Troneka with suits and fences put sue
mas ordered that the fences Oh ner
Teiphhors across the street be torn down
and her fence be built across Law eiiee
street and into their property.
The city officials and the DWyer at
4orneys have been in conference TO-DAY
but thus far nothing has peen cone ~
settle the dispute. 1t is an odd dispute
and one that has caused the ci.y en- a
the district neighborhood TO pc IN one
round of trouble ever since last SUM
nler. o,o
Mrs. Dwyer purchased seven acres y.
property just west OF Lawrence $3.50
bordering On the Klein tract near Ihlro
street The property was mostly DIG
hole and a house was built on the east
end facing Lawrence street LaWFence
street was not really street at tnls
time but a highway between fouron
street and the Klein park. This was
hack in the early eighties when Klein
mark stood for beer. cards, and gem
eral good time. When Mrs. DWYef
bought he- property she bought II az
cording to the section line as me Giy
pIats were not out to cover this dls-
trict.
MANY years after the highway had be-
come such a popular cut to Third street
and Locust street that the street was
made and graded and the city entered
into an agreement with Mrs. DWyer
which in substance was that the street
commissioner was to fill up the big hole
between Lawrence street and the alley
and as a payment Mrs. Dwyer would
give up all claims to the highway.
All went along lovely. The street
sweepings and a large part of the city
dump was thrown into this big hole and
it gradually neared the level or the
street. AS an extra gift the street COM
missioner hauled hundreds of loads of
dirt from the Locust street paving ex-
cavations and filled up the street, maxi
ing a good sidewalk grade for the bene-
fit of the -Dwyer property. ------------~--
Meanwhile the neighbors were buzz
ing The sewing bees took the. matter
in hand and then referred it home ~
their husbands. Finally the whole
neighborhood rose in unison and with
a voice that sounded to the city hail
and the mayor in his easy chair, they
demanded that the city refrain from
dumping dead dogs, animals and trash
into this big hole. They claimed that 1t
made life miserable, unhealthy and I'M
Clearly for the residents of this dis
trict. The city saw the mistake at once
and the dumping wagons came no
more.
Claimed Violation of Contract
Then came Mrs. Dwyer. She claimed
that the city had not finished its con-
tract and that more stuff should be
dumped in the hole. The city officials
then told her that the hole was filed
up enough for the property concerned
and that nothing more would be placed
there. Result: City, mad; Mrs. Dwyer.
raving.
But the city had not figured on los
ing a street in the controversy. Fur
thermore the neighbors across the
street did not have the faintest idea
that they would lose some of their
property in the deal. Nevertheless, ac-