The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1876-01-13
THE INTEREST ON OUR RAIL-
ROAD BONDS.
Sedgwick and Harvey County Suit.

Sedgwick and Harvey County Suit.
Sedgwick county has again insti-
tutcd proceedings in mandamus, IN our
Supreme Court, TO compel Harvey
county to provide for the payment OF
its proportion of the principal and in
terest on the 100000 bonds voted to
the Wichita & Southwestern railroad,
by placing upon our tax rolls the levy
certified to the county clerk OF Harvey
by the county clerk of Sedgwick. An
swer day. January u, 1876. Why is
this thusly? We have been told that
this matter had been "busted. '-Ne,c-
ton Kansan.
We can tell you very quickly ''why
is this thusly." We have to go back
but just four years, when not only
Newton, but a great portion of the
territory of Harvey county were part
of Sedgwick. Two hundred thous-
and dollars in bonds had been voted in
aid of the construction of railroad
from Newton via Sedgwick City down
the Little Valley to Wichita. For the
consummation of this enterprise New
ton, with all her interests, lent most
wiling hand. Ambitious and lively
as railroad junction, she. saw but one
drawback TO her future, and that was
her location upon the extreme border
of very large and unwieldy county.
In this dilemma she asked the consent
of the people of Sedgwick county to
be cut of together with enough terri
tory to help make new county, of
which Newton should be the county
seat. AS to Newton and the farmers
Immediately surrounding her, the re-
quest was unanimous. As to the rest
of the county it was divided in opinion,
part holding that too much valuable
taxable property was being given up.
To this the people of Newton answered
that if they were allowed new county
organization they would gladly agree
to assume their proportion of the rail-
road indebtedness, pro rata 10 the
number of miles of road built in the
two counties. Besides, they argued,
with Newton out of the road, Sedg-
wick county would never be cursed
with expensive and disastrous county
seat fights. Although this promise
and these arguments were not salts
factory to a large minority of the peo-
pie of Sedgwick county, being bitterly
opposed by the people Of Sedgwick
City and her interests, nevertheless,
Wichita consented, and division was
effected upon that basis. through ell
actment of the Legislature. The law |
which erected and defined the new
county provided-that there might be
no mistake-that the new county of
Harvey should act honorably and pay
her proportion Of the railroad indcbt-
edncss, which railroad was of conceded |
great Importance to her people and her
prospective commercial centre.
Now, the sequel and the answer TO
"Why is this thusly?" After the adj
journment of the Legislature it was
discovered that the compilers of the
law had omitted 10 fully set forth in
the title all the provisions of the bill.
which, SO far as the letter of the con-
stitution is concerned proved fatal to
that portion Of the instrument that d.
rected the new county of Harvey to
pay her proportion of the railroad bond
interest-so at least the courts decided
afterwards. Harvey county-Newton
when called upon by Scdgwick to
make good her contract, took advan-
tage of this oversight, refused to do as
she had solemnly agreed, ;rampled her
honor and good faith beneath her feet,
and Tweed-like, fell back upon the
tcchEicalities of the law and the I'M
ccrtalnties of the courts for justifica-
ton of her most contemplate course.
The Supreme Court ordinarily notice.
ably heavy in its endeavors and writ
ten decisions to abide the "evident in
tention aud spirit of the law-making
power" in this instance ignored every
thing except the paipable oversight in
the title of the bill and sustained Har-
vey county in its most shameful and
dishonest action.
Sedgwick county has made nc par
ticular noise over the little spirit and
reputation prociivities of her neigh
Dor, but without unnecessary whining
went about honorably taxing herself
to sustain her good name as a munich
pality, having full faith that some fu-
ture Legislature or the proper discern
ment of the difference between right
and wrong Of some court to come here
after, would enforce her equitable ..
claims, and her organ, the EAGLE,
would have said nothing at this time |.
but for the slangy spirit of the extract
quoted above.
In dismissing the subject for the |
present it may not be out of place to :
state that Sedgwick county--her people J
her tax-payers-her officials, propose
that the recreant county named shall J
pay in full what she agreed. How it is !
to be done, and when, time will soon !
enough develop.
The New York Tribune announces I
81 A. Al. | Y