The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-01-15

ever iC might nave Deem. lie certainly
had no desire on his own behalf or OIL
the part Of others concerned, to objec
to the abolition of the resolution. ani
he trusted that the committee wouIt
make a most thorough investigation
and report in full st the first meeting
of the council.
The motion was carried.
The bills OF W. II. Gilchriest and
John Bay were referred to committee
on claims.
Mr.. Epstein moved that the commit
tee on finance be Instructed to ascer-
tain from the city treasurer whether
he had collected the money in the
hands of the city attorney due the city
Motion was seconded by Mr.. Eskridge
and was carried.
The committee on ways and means
reported the following, to-Wit:
The committee on ways and means.
to whom, was referred, for investigation,
the claim against. tho city for its pro-
portion of the expenses incurred in the
prosecution of the float suits. beg leave
TO report that after getting all possible
information on the subject they have
been unable TO agree upon the amount
actually due from the city on that ac-
count. We find that an agreement
was entered into by numerous citizens
owning property in that part of the
city affected 0y said suits by which the
amount necessary to meet all expenses
of defense should. be raised by assessm'r
against themselves, taking as q basis
for such assessment the valuation OF
all property as shown by the tax list
of the year 1870. This agreement was
very generally signed by the property
owners effected, and the first assess
ments of one per cent. pretty generally
paid. Another assessment of one per
cent. has been levied, but as shown by
the records has only been paid by three
parties. There has been raised by this
means 1921, all of which has been
paid out as follows: attorneys fees,
5000; incidental expenses, $647. The
total amount OF expense incurred to
date, So, LAT, and it is the opinion of the
citizens committee having the matter
in charge, that the expense will event.
ually amount to between $500 and
$4,000. The claim presented to the
council for the city's proportion of
this expense is determined by the COM
mittee above mentioned as follows:
The school property on Constitution
street and 9th avenue is appraised at
$6,555. Washington park, including
boarding houses, at Sc, 400, making a
total OF $l2,955, on which they make
an assessment of two per cent. which
produces $259.10 The streets and al
leys are estimated to occupy 11S acres
OF the 800 acres cOnstitu ting the 1st
and 4th wards, and claim that the city
is liable to pay 1880 of the expenses
OH account of the said streets and al
leys, which, if this position is correct,
would produce ,160 of the expense,
so far as ascertained. We find that
the city council passed resolution
March 25th, 1872, piedging the city for
its proportion of all expenses in the
suits In common with other defendants.
a copy of which is herewith submitted,
together with q communication from
ex-mayOr Jay, and a petition signed
by majority of the executive COM
mittee of the citizens association, pray
ing for favorable action on said claim.
Having no authority to consult legal
authority, we have been unable to de-
termine whether the city is equitably
bound to pay on streets and alleys.
We return the claim to the council, to-
gether with.the foregoing facts, with
out recommendation.
A. G. LAKIN.
II. ID. MCCARTER.
The following is a copy of the reso-
luton above referred to:
WHEREAS, The city of Emporia has
been sued by BarZillai Gray for that
portion of said city comprised within
section 10, township 10, range II now,
therefore, be it
ResOlced, That the city will bear its
proportional part of the expense of de-
Tending said suit in common with all
other parties who are defending in the
matter of said claim of title to said
lands.
The following is copy of the COM
municatlOn from the citizens commit
tee;
WHEREAS, A suit was instituted in
the fall of 1871, by Barzillai GRAY
against certain persons, citizens and
property holders, on the north half of
the city of EmpOria, and also against
the city of EmpOEia, which is common
ly known as the "float suit; and
WHEREAS, At the time OF the insti-
fulton of the said suit, and for the pur-
poses of an organization to defend the
said suit as involving common inter-
ests, committee OF citizens was ap-
pointed, of which committee the un-
dersigned are a majority; and
WHEREAS, The city council of the
city of EmpOria. with 3 view to joint
action with the said citizens, defend
ants in said suit, did, on the 25th day
of March, A. d. 1872, pass a resolution,
of which the following is a true copy,
as found recorded on the journal, at
page 234:
"WHEREAG, The city of Emporia has
been sued by Barzillai Gray for that
portion of said city comprised within
section 10, township 10, range IL now,
therefore, be it
ResolUed, That the city will bear its
proportional part of the expense of de-
Tending said suit in common with all
other parties who are defending in the
mattee of said claim of title to said
lands :" and
WHEREAS, In pursuance Of their in
structiOns the said committee, by its
subcommittee, did contract with GER
tain eminent attorneys at law in this
state to defend against the said suit,
red certain expenses, determined and
undetermined, estimated as nearly as
we can say at three thousand five hum
dred dollars, about thirteen hundred
dollars of which has been collected of
and paid by the citizens, defendants in
said suit, leaving large balance un-
paid; and,
WHEREAS, The amount of land and
lots so contested for, and belonging to
the city, are proportion of more than
one-third of the whole amount repre-
sented by the defendants to this snit I;
now, therefore, the undersigned would
respectfully ask your honorable body
TO appropriate the sum of fifteen hun
dred dollars as the just proportion of
the city toward the expenses so in
CURED in accordance with the letter
and spirit of the resolution of the city
council, before referred to.
(sIGNED] III. G. CROsS,
/. z. PERLEY,
J. A. MOORE,
u. BQRToN,
John Woop,
e. Y. EsKRIDQE,
:. B. RIGGs,
=. j. CRAWFORD,
l.. T. HERITAGE.
Tho eOmmiffoo also suhmittad the