The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-25
City Commissioners Drop Down
Heavily on Street Railway.
Will Demand That They Carry
Out Terms Of Franchise.
TAKE UP OLD TRACKS.
Abandoned Lines Must Be Torn
Up and Pavement Replaced.
Conductors Must Wake Up and
Call Out Names of Streets.

Another score in favor of the system
of commission form of government and
the efficiency of the city board of COM
missioners, was registered this morn
ing, when an ordinance requiring the
Topeka Railway company to carry out
all of the provisions of it's franchise,
was introduced, talked of in a favor
able manner and referred for final ac-
tion.
That the street railway has been
handling and disregarding its franchise
according to their own will for many
years and the city has been unable to
stem their course without expensive
legal action, was brought out by the
commissioners this morning. In order
to bring the franchise into the hands
of the citys legal boundaries and keep
it there for all action this new ordi-
nance will be passed some time this
week.
The new ordinance is really a reac-
tion Of the old street railway franchise
with a penalty attached. If the street
railway refuses to follow out the sec
tions of its franchise, it will be liable
to a fine of from $500 to $2,500 Before
this the city had to stand by and
the franchise. The only course was TO
bring mandamus proceedings which are
drawn out and losing proposition
from the start.
There are number of things in the
new ordinance that will reveal
change in the policies. according to the
commissioners. The strict rules in re-
gard to what the street railway shall
do on paved and unpaved streets, their
grading and cleaning, and their paving
will be followed out to the letter.
Must Tear Up Old Tracks.
Then there is another matter that
will appeal to the people of the city.
The new ordinance requires the rail-
way company to take up all Of their
abandoned tracks. The street shall be
placed in good condition after these
tracks are removed. There are num-
ber of abandoned tracks in the city.
For instance the one track along Jack
son street that is not used. Another on
Seventh from Kansas avenue to Van
Buren, and still another on Second
street east and west.
According to- the franchise and ordi-
nance, when the abandoned track on
railway will have to remove the other
track to the center of the street and
fix up the pavement On Seventh
street the railway company use the
abandoned rails as sort of "come
back" for the current. This Will also
have to be done away with.
The old franchise has always re-
quired that street car conductors an
nounce to the passengers all of the
street crossings and transfer stations
passed. A few of the conductors do
this in the night time and others al
low the passengers to hatten their
faces against the window panes and
watch for familiar landmarks. If the
penaltv of the new ordinance is en-
forced the company will have to order
all conductors to call all streets day
or night or nay a pretty sum.
The 12-mile an hour speed limit Will
also cause trouble. The cars make all
sorts of speeds at the present time.
owners have declared that
they have followed cars on West Tenth
avenue and they were running 80 miles
an hour. To cut them down to IL
miles an hour will play havoc with the
present schedules.
The old franchise says that the
street railway shall make a semiannual
report to the city in January and July
IF eyerv wear. This report is to give
the total receipts, expenditures, etc,
of the company for the preceding six
months.
There are several other "jokers'' in
the ordinance pack that Will cause
another battle between the attorneys OF
the street railway and the city.
This ordinance will give US power to
enforce the franchise and have po-
lice ordinance for trial in our police
court" said City Attorney Ralston.
All of the commissioners agreed that
this was the only means of enforcing
the troublesome requests.
The old city council attempted to
pass an ordinance of this kind some
time ago but it was referred here
and there from one committee to an
other until 1t died