The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-15
Street Railway Officials Criti.
else Franchise Ordinance.
Declare 1t Weak, Poor Work
manship and DeplorabIe."
WANT MANY CHANGES,
Ask That Wording Be Altered
to Follow Out the Law.
Would Also Have Double Track
Instead OF Single.

''This is positively the worst contract
or franchise that has ever been pre-
sented o our company. 1t is poor
craftsmanship and compiled in a deplor-
able manner
These were the words of Vice Presi-
dent L. E. Myers. of the Topeka Rail-
way company. in discussing the recent
franchise ordinance passed by the city
council few weeks ago and submit
ted to the railway company for their
signature.
Mr.. Myers. together with a number
of officials and attorneys of the rail-
way company came. before the city COM
missioners this morning and complain
ed of the ordinance. They wanted
number of changes made.
Chief among the changes they Sug-
gested was the sections of the ordinance
which provided that the Topeka Rail-
way company should construct IL single
track only.
There will come time when we
will need double tracks and the city
traffic will demand a double track"
said Mr.. Myers. I'VE don't need a dou-
Bile track on the new proposed lines
at this time and we will not build
them at first but -e do feel as though
this will come in the near future
morning, the Topeka Railway company
is willing to sign the ordinance and the
contract if the city board of commits
sioners will make certain changes in
the wording and the meaning of the
ordinance as written.
He claims that there are a number
of places where the Observation-Disclosures
repeats itself and where it is not in
harmony with the general meaning. To
iron out these alleged flaws, change the
Qa n
place the contract in such a condition
: hat it car not be doubted by the courts
in the future is the verbal plan of the
railway officials.
1--WE don't want any points to remain
doubtful and any spots left open for a
fight later said Mr.. Myers. The way
the ordinance stands there are several
places where the attorneys of both
sides could tear it tq pieces: What we
want is q contract that will not lose
its meaning as soon as it gets cold"
In discussing the matter of the dou-
BILE track the railway officials were
blocked by City Attorney RalSton who
quoted to them from the commission
law which read that all amendments,
extensions or enlargements of any con-
tract, right, ETC.. must be subject to
the provisions of the commission law
on franchises. This means that the
again and the people of the city given
a right to vote on the matter.
1.-The only way to change this is to
81. bnnit it to the commissioners and
then to vote of the people If they care
to vote on it, said the city attorney.
When this was thrown at the rail-
way officials they decided that it would
be satisfactory to them if the wording
and general reading of the ordinance
could be corrected. They refrained
from talking any more about the double
track proposition.
From the way things started out this
it looked as though the old
Clay and Buchanan street trouble was
due to break out again. If the street
wishes to make certain changes
that would come in under the prOV1S- |
ions of the ordinance the matter Will
be submitted to the people and the
war of the railways will be fought |
over again.
1t was finally decided that the street |
railway people should draw up the kind I
of an ordinance thev wished and sub
r.dt it 20 the commissioners They Will |
act on the matter then and decide II |
il will be necessary to take the matter |
up with the people
In case the commission agrees to the |
changes suggested. by the street rail- |
Wav the company will sign the fran !
,hise-ordinance and operations will |
commence at once. 1t has been report |
sd a number of times that the company |
would refuse to have anything more TO |
10 with the ordinance.
The changes-as far as can be learn
ad-have nothing to do with the real /
purpose of the ordinance. According |
10 the railway people they are simply |
made for the purpose of making the |
CONTRACT legal and Understandable"