The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-05
City Faces Sea of Legal
Controversies.
To the Courts With City Rail-
way Bond Case.
THE FEDERAL SURETY CASE
City Will Try to Collect S1,175
From This Co.
CITY Auto Ordinance Laid Over
to Another Meeting.

The city administration is preparing
to wade through sea of legal trouble.
The case of the Federal Surety COM
pany VS.. Topeka, appealed from the.
federal to the United States circuit
court is called May 81 at st. Paul. 1t
is probable City Attorney Ralston Will
be instructed this week to place the
matter of forfeiture of $4,000 bond of
Topeka Street railway in the hands
of the district court. North Topekans
are threatening to bring suit against
the CITY unless the tuberculosis camp
is moved at once. w. c. Ralston ana
F. G. Dreaming were instructed by the
commission this morning to demand
Sits OF the Federal Union Surety
company. and take necessary steps to
secure it. The city, John Ritchle, ana
the Surety company haze fought LOT
years in the courts, have fought 1or
each other. against each other ana
side By side.
The forfeiture of the franchise of the
Topeka Street railway, which expired
in March. has been discussed at every
city commission meeting for weeks
Just how long are we going TO
waltz demanded Commissioner Porter
this morning.
THAT is the pleasure of the COM
mission" RESPONDED Attorney RalstOn
After the meeting Mayor Cofran ad-
mitted he intended to decide the mat
ter this week. Mr. Ralston will be IN
structed to take steps necessary tow
ard placing the case in the hands of
the court. The railway company VIII
not be notified. The original communl-
cation of the commission to Albert
Patten general superintendent, stated
that the bond was due and that the
CITY intended to take every step neces-
sarv to secure it. Mr.. Patten respond
ed that he would take the matter up
with the bonding company. No further
communication between the two parties
has been held. 1t is probable that the
city attorney will receive his instruc-
tons at the next COMMISSION meeting
to be held on Thursday at o'clock.
The resolution passed by the COM
mission this morning declared that
the Federal Union Surety company of
Indiana polls executed to the city of To-
peka & surety bond on April 10. 1909,
with John Richie as principal, to Sc
cure faithful performance of paving
contract of that date. Topeka has PAID
costs in sum of $1-l13 arising out OF
contract by virtue of Judgment of the
district court on December IS, 1912. w. |
G. Ralston, city attorney, and F. G. |
Dreaming. special counsel are directed |
to make demand on Surety company |
for immediate payment of all sums due |
the city and to take necessary steps |
to secure it,
Endorsement for Elizabeth Baker.
One woman has been endorsed as
policewoman by the Good Government |
club. She is Mrs. Elizabeth Baker, a
widow, lives at SIS West Fifth, and has
been connected with work in the w. {.
t U. Her name, endorsed by Mrs
Lila Day Monroe and Mrs. E. f.
Roudebush, president and secretary of
the Good Government club, was handed
to the mayor this morning. Only four
applicants have expressed themselves
willing to take the civil service exam
ination necessary before installation on
the Topeka police force. Another is
Miss Elizabeth Barr, who circulated
petition for endorsement among To-
peka people last week. The names will
be considered at a meeting of the Good
Government club to be held today. If
the women pass the examination re-
quired, their names will be certified to I
the commission for approval.
Women of unusual tact, character
and personality will be required to fill
the position uscessfully, observed /
Mayor Cofran this morning. /
City Auto Ordinance.
No motion was taken today on pass
ing the city automobile ordinance
which was held up by the mayor when
presented for second reading. The
mayor is investigating it and objects
to the speed clause, which reads as fol-
lows:
Section 6, No person shall operate
a motor vehicle on any highway in the
city of Topeka at a speed greater than
IL miles an hour, or at rate of speed
greater than is reasonable and proper,
and having regard for the traffic and
use of the highway and the condition
of the highway or at a rate of speed
such as to endanger the life or limb
or any person. When crossing an in
tersection of streets or avenue in the
city of Topeka, motor vehicles shall
not be driven at a speed exceeding s
miles per hour. Provided, that the
speed limits in this ordinance shall not
apply to physicians or surgeons or
police or fire vehicles or ambulances
when answering emergency calls
Imagine a car being driven down
Kansas avenue at II miles an hour on
saturday night" said the mayor. THE
saving clause is the stipulation for
street crossings. A driver slowing
down to six miles an hour at street
cannot attain a very high ,
rate of speed in the blocks between"
The city ordinance. which was re-
Gently drawn up by w. c., Ralston
conforms with the new state law. 1t
is possible, however. that some 7
will be demanded by the may ?
or before the ordinance is presented :
for second reading. \
Sidewalk Petition.
Petition signed by H. d. McKitrick
for construction OF a sidewalk on Thir-
teenth, south side. from west side of
College avenue to McVicar, was re- !
ferred to Comm issioner Tandy. So
was communication from c. S. Elliott :
asking permission of commission to
vacate portion of Coles addition lying
south and west of the Shunganunga.
Permission must be received from the |
city as we'll as the county in conforma-
ton with section 9713 of the state
statutes. ,
w. c. Ralston. city attorney, asked
permission to purchase revised edi- r