The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-10
City Commissioners Go Over
Gage Park Line.
But They Do Not Come to a
Conclusion.
CITY ATTORNEYS OPINION
He Believes City Can Grant
New Franchise
And Be Safe From an
Injunction.

If the city wants to accept Albert NJ
| Patterns compromise on the Gage Park
! extension; if it wants to disregard the
terms of the original franchise, legally
| it can do So This was the opinion
handed down by City Attorney w. c..
Ralston today. 1t means that the city
may waive it's right of action for re-
covery on the $4,000 bond in return for
the Gage Park railway line; that it
may accept the extension of the Tenth
street line to the park. A second
opinion. and an equally significant one,
states that property owners have no
recourse in case a new and radically
different franchise be granted the To-
peka Railway company; which means
that the city need not fear an inJunc-
ton issued by West Eighth street citi-
zens in case the extension is made on
West Tenth.
Attorney Ralston's opinion was plac-
ed before the executive meeting which
convened this. afternoon at three
o'clock The opinion was compiled at
the request of Commissioner Frank NJ.
Newland.
considerations said the city attorney
this afternoon. and consider it suf-
ficiently clear
The statement follows:
If you, as mayor and commission
ers of the city of Topeka, acting in
good faith in the exercise of your dis
cretionary powers, consider that the
public interest and welfare Will be
better served by the securing of the
Gage Park railway line than by the
against the Topeka Railway company,
there can be no recovery either against
you or your bondsmen or the city.
81 am also of the opinion that the
property owners would have no re-
course against any one. The Topeka
Railway Company cannot be compelled
to construct these extensions 1t has
lost its right to build upon these
streets. No property owner has. or
or ever had any enforceable legal
right to these extensions. The only
legal right existing in favor of any
one in reference to these extensions is
the right of action which the city, as
a corporation. has upon the bond here
inbefore mentioned.
Mr.. RaI5ton's legal opinion on the
Gage park question was the one new
development on the controversy up to
o'clock this afternoon.
Mr.. Patten will not be present at
the executive session unless he is spe-
cia1ly. summoned" said the mayor.
Personally, + do not think We will ar
rive at any definite conclusion this af-
ternoon.'' ..
A member of the commission re-
marked this morning that the problem
was no nearer solution than it was a |
month ago: like the proverbial man
who was lost in the woods, it returns i
to the place from which it started. |
This morning three of the commission, !
including the mayor, were understood |
to be in favor of the original terms of
the franchise. or bringing suit for the |
bond. This would mean that the Gage |
park extension be made on West
Eighth to Summit, and the South To-
peka line on Kansas avenue from
Eighteenth to Twenty-First. w. G..
Tandy has not changed his ideas since
the day the city attorney discovered |
that the bond was DUE Mr.. Tandy is
in favor of accepting the original
terms of the franchise, and nothing
else. W. L. Porter, who is also anxious
that the South side extension be made.
is willing to accept the Gage park line
as a compromise. Frank Newland
placed his trust in the city attorney
and spent the early part of the after
noon considering the legal statement.
Some one phoned the mayor this
and demanded in great trepi-
dation that special transfers be issued
to citizens on West Eighth avenue if
the eXtensian were made on West
Tenth. The West Eighth avenue man
was boarding his car before his track
was laid. The mayor assured him spe-
cial transfers would be furnished.
One of the commissioners grinned
when he heard the story.
''The man was somewhat forehand-
ed he observed. III miss my guess
if the tracks are laid to Gage park
within the next two years"