The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1876-10-20
BOYS AND GIRLS.
Council PrOceedigs.
COUNCIL CHAMBERS Oct.
18th. 1857

COUNCIL CHAMBERS Oct.
10th, 1S76.-7 P. NJ.
Regular meeting of the City Council
Present, Mayor Morrison, Messrs. Baker,
Perley, Lowe, Davis, Bancroft, Nichols,
Borton.
Minutes Of meeting held Oct. I'd, 1876,
read and approved.
Committee on claims reported an ordi
nance providing for the payment of the
following claims:
Daniel Upton, hay, 200
). Tlllotson, st. Commissioner, $500
Halleck. Gilchrist & Co., 1910
s. Carter, repairing sidewalks, 26 %
j b Cowan Oats, 1I7O
r K Page, recording deed I OO
b. Fin IRWIN, boarding prisoners, 3.2O
Total s16O %
On motion the ordinance was consider
ed by section under q suspension of the
rules, anC adopted by q unanimous vote.
On motion, the clerk was directed to
certify this to to the county clerk to be
placed on the tax rolls. The following
special assessments for repairing. side
walks.
Lot 50 on Constitution street, 1890
~ state street, 7.13
S26.9s
The Mayor then submitted ordinance
adopted at last meeting providing for the
payment Of $2,S45.65, to a. C. Cross,
Treasurer Of Defense Com. in float suit,
with his veto, Of which the following is a
| copy:
To the Coun Gil Of the city Of Emporia.
herewith respectfully return without
my approval, the ordinance adopted by
your honorable body providing for the
payment of S2,345.65, out of the general
fond of the city treasury to II. C. Cross
Treasurer OF the Defense Committee 10
pay costs and expenses in conducting the
defense in the action Of BarZiIlaI Orav
against the city OF Emporia and several
citizens of said city, for the reason tn at
believe the claim unlawful and upiust-
As understand the history of this mat
ter it is about as follows: One BarziIIsi
Gray commenced suit in the District lourt
OF Lyon county Kansas, against the city
OF Emporia and large number of indi.
vIduals for the recovery Of section 10 in
township ~, 81 range IL, in this county, |
the north halt Of the toWnsite Of Emporfa l
That after service Of summons in said
action upon the parties resident in the
city, the citizens Interested met and ap- /
pointed Committee Of Is as . managing
committee to conduct the defense. A non
this time and on March 18th, 1872, the CITY /
council adopted the following resOIutfon:
WHEREAS, the city OF Emporia has been |
''sued by BlrzilIai Gray for that portion |
'of said city composed within section 10,
township IS, range IL. Therefore he ~ l
"ReS0IUed, That the city will bear its
proportional part OF the expense of de-
tending said suis in commen with all 9TH /
'er parties who are defending in the mai.
''ter Of said claim or title TO SAID lands
This action OF the Council thrresore |
pledged the city to pay its proper tiona |
part OF the expense In conducting the de-
tense OF the suit The city should therefore
pay that proportion and no more, as evory /
dollar paid out Of the city TREASURY in |
excess Of that proportion is unlawfsllIv |
taken, and IL in fact paying the private |
debt Of individuals.
As 70 just what the city's proportional
part Of the expense amonnta to. is where
the controversy arises, It Is claimed he |
the parties urging the payment ~ this
claim by the city that the title TO the
streets and alleys in the north. haIf on the
city was in dispute IN that action, while
it is claimed by great many NOR. iTs
Guiding good lawyers, that such title vas