The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-10-13
Has South Kansas Avenue
Road Been BIOckaded.
House Built in Middle of Pub
lie Highway.
THE ROAD WENT AROUND
Like the COwpath That Became
Milk Street i'm Boston.
Now a Fight in Courts After
Half a Century.

An injunction enjoining the city from
paving South Kansas avenue was re-
Gently filed by j. NJ. Kessler, Twenty
fifth and Kansas avenue, in the district
court, kesser contends that the city
wants to make straight road crooked.
and objects The city accepted the re-
straining order. and the paving was
delayed. Work has been at standstiil
for ten days. Hearing of the case has
been set for Saturday morning before
Judge A. w. Dana.
The stretch of road on South Kan
sas avenue between Twenty first and
Twenty-fifth streets has been a bone of
contention for 90 years. The present
controversy, according to attorneys in
the case, may develop into a bitter
fight. The road it now lies is a
road by prescription-has been unin-
terruptedly used for a period of Ia
years. The city insists upon paving
the road originally staked-in which
case line of telephone poles. big red
hydrant, and fence or two will strag-
gle down the middle of the street. Part
of Kessler's lot will be cut off, a few
front porches will be eliminated. and
one house cut in two-so says kess-
ler's attorney.
IF we pave the prescribed road.
they're going to kick" said w. c.
Ralston, who represents the city,
we're enjoined from paving the orig
inal road. The work is included in the
1913 contract. But it's not started.
Topeka's in a lawsuit, whatever the
commissioners do"
No One Knows.
Kansas avenue extends in a straight
line from Twenty-first street connect
ing with the Dudley road at the south
end. However, it has never been legal
ly laid out as a public highway. No
one knows where the original corner
stone was laid. No two county sur
veyors agree on it's location. The mat
ter has been the subject of several
lawsuits and one supreme court de-
cisiOn
Trouble began half a century ago
when Jacob Willis homesteaded the
land. He fenced his 100 acres on the
west in the center of Kansas avenue
In 1859 an attempt was made to lay
off a county road; it was decided in
litigation that proceedings were irreg-
ular. Meanwhile Willis hedge fence
prospered in what was legally the mid
die of the road. The highway was
travelled for more than Is years. 1t
became, Kessler's attorney claims.
road by prescription. Will Bradbury,
who had bought land bordering Will
it's, attempted to cut down the fence.
He was enjoined. Case went from the
district to the supreme court, and the
case was decided against Bradbury.
County Officials Helped 1t Along.
Meanwhile the township trustees
improved the prescribed road-ditched
it, graded it, and built culverts. 1t
was graVeled when j. c. Sinner, f. l..
O'Neil and F. b. Simms were serving
as county commissioners. And pedes-
trians travelled as they had Travelled
for so years.
An OhiOan, owning ; acres on the
west side of Kansas avenue running
from Twenty-first street to the Brad
bury tract, stepped into town, saw IL
was popular to claim public highways,
4
ing the avenue, and placed heavy oak
posts in the center of the street.
The Gent From Ohio.
The gentleman from the Buckeye
state-Tower by name-was arrested
on a warrant sworn out by John
Schenck. county attorney. The posts dis
appeared.
When the city agreed to pave South
Kansas avenue. it decided to pave the
original road This will necessitate a
curve in order to connect with the road
at the south. Automobilists don't want
the curve. They reiterate: What's the
use of making straight road crooked!
Thomas Digs Up Facts.
Frank S. Thomas, who owns proper
ty south of town. and has followed the
controversy with interest, looked up
some of the old facts, and presented
them to the State Journal.
The condition at present" observes
Mr.. Thomas lis absolutely laughable.
In the first place. the city water pipes
are almost directly under the middle
of the pavement-or will be if il is
built as now staked out. fat red
hydrant will stand in the middle of the
street. \ line of telephone poles will
straggle down the center of the road.
The culvert built by the county and
used by the public will have siv feet
chopped off its east end. If the road
is built as the city proposes to build
it, it is my privilege to believe it the
most nonsensical piece of engineering
ever perpetrated in the county"
Considera BILE interest will center on
the hearing in Judge Dana's court next
Saturday morning. John Switzer, at
torney for Kessler, reiterates. "A pre-
scribed road is a legal road" w. G.
Ralston, attorney for the city. wishes
to work according to law. And court
house wags murmur, when is road
not a road?''