The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-15
duct on Sixth Avenue.
VIII Have 1t Even If Force
Must Be Used.
MAY DEMAND THREE OF THEM
City Claims to Have Whip Hand
of Railroads.
An Old Record Found Which
Covers the Situation.

Can the Santa Fe. the Missouri Pa
cific and the Topeka Street railway
companies tear down the old viaduct
and build a new one on East Sixth
street street by y Oct. Oct: l., this year?
These are questions which the
mayor, city commissioners and city
attorney are asking themselves.
Dec. "a, 1914, the city gave final
passage to an ordinance ordering the
construction of a new viaduct on East
sixth street. Oct 1, 1915. was the
date set by the city for the railway
companies to have the new viaduct
completed and in operation.
c. w. Kouns, general manager of
the Santa Fe; F. E. Nipps. represent
ing the Missouri Pacific; and Albert
Patten, of the Topeka Street Railway
company, were all served with certi-
fled copies of the ordinance and along
with these copies We're plans and
specifications prepared by the city en-
gineer telling the railway companies
just what kind of viaduct to build.
Sounds rather high and mighty on
the part of the city,
And the railway companies appar-
emily have not yet made move to
comply with the order.
But the city officials are not worry
ing. They have been studying the via
duct question and have something up
their sleeves. Anyway, they say they
have.
May Make 1t Three.
eff the railway companies do not
build us one viaduct and act real nice
about it. we will have three. We have
asked for one viaduct, but If we have
to go to court to get it, will ask
for three, one at Sixth street, one at
Eighth street and another at Tenth
street. and we will get what we ask
for" declares one city official, and in
this opinion the others concur.
I'VE do not wish to use a club to get
hot =, 49,
necessary, We have one handy" said
Jay e. House, mayor. IF the railway
companies care to force the issue, the
question will not be whether or not
they build a viaduct over Sixth street
The question will be whether they
build one viaduct or three"
w. G. Tandy, city commissioner of
streets, is responsible for the discov-
cry that the city may have three via
ducts by merely demandin gthem. He
has been digging into the ancient rec
Ords of the city and has discovered
that under the terms of franchise
ordinance granted by the city and ac-
cepted by the Santa Fe Railway COM
pany away back in 1885, when Brad
ford Miller was mayor. the railway
company agreed to build and maintain
viaducts on Sixth street, Eighth street
and Tenth street whenever the city re-
quests the same. The only expense to
be borne by the city is in the construc-
ton of approaches to the viaducts.
Contract Not Binding.
If the railway companies offer re-
SiStance TO the city'S demand for a new
structure to replace the present dilap-
idated affair, such resistance proba bly,
will be based on a contract entered
into between the city and the COM
panies June 4, 1903. In this contract
the city agreed to maintain the pres
emf Viaduct for a term of thirty years
Now the claim is set up that this
contract is not binding.
I'm this contract the city council
agreed to do something which the city
was not bound to do-Something to
which the companies were already
obligated to do by the terms of their
franchiseS-and city council can not
surrender the peoples rights that way
/ understand there are court decisions
to uphold this contention" said Tandy
William Green, who was mayor at
the time, was the only member of the
city council who refused to sanction
the agreement which the city now
finds embarraS Sing.
Under the terms of this agreement
gate of $6,400 and the city $500 for
repairs.
six thousand four hundred dollars
cific and the Topeka street RAILWAYS
have paid for the use of the viaduct
since 1903, and the city has borne all
the expense of repairs even when the
bridge broke down under an overload
ed work car of the street railway COM
pany-pretty soft for the railway COM
DanieS" said Tandy