The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1876-10-20

not in dispute. But grant that ft was fol
purpose OF adjusting the amount which
ought to be paid by the city, the only 9th.
er property in controversy in which Tho
city as interested, that know of. was !
few lots in Washington Park addition
and the property known as the Stone
schoolhouse property, all the property in.
GLIDING streets and alleys constituted
about one-fifth Of the amo unit OF the prop.
erty in controversy in the action.
Then supposing the whole Of section 10
do defended and each party owning prop.
i erty in said section to pay his proporuon
| OF the expense. The city, figuring upon
basis most favorable to those who urge
| the payment of this claim by the city.
would be only one-fith of the actual ex.
dOubtedly = great many of the parties
| sued, whether from inability or uuWiIl.
| ingness and insolvency, will refuse to
pay their proper proportion Of the eX-
pense, and the expenses will have to be
apportiOned among those who are will
| ling and can be made to pay. With this
| class the city should be placed. And
| should then only be asked TO bear Its pro-
portion and no more.
The records of the city council show
that On March LIST 1915, the city council
paid to the Defense Committee the sum OF
$685.. 90, also Sept. 4th, 1876, to j. JAY
Buck for costs in the suit, $3.50, making
the sum already paid by the city $345. 20
which added to the amount appropriated
in this ordinance, makes 8: ,1OO'S5, which
the city Is asked to pay, an amount, in
my judgment, largely out OF proportion
to the amount which the city ought to
pay. The whole eXpenes in defending
the suit being only about $4,000.
If the title TO the streets and alleys w as
not involved in the suit. in my judgment
the city has already paid ali that it ought
TO pay. But If by making the city OF EN-
poria party to the suit, involved the
| title to the streets and alleys then, per-
haps, the city should pay an additional
| amount. For the purpose of Ascertaining
| as TO whether the title to the streets and
alleys was so involved, should recon-
| mend that the council ask the written
opinion of its legal adviser in relation
thereto.
BY the payment Of this excessive
| amount from the city treasury, it i'm
poses q burden upon large portion OF
| the citizens OF Emporia, who are neither
| legally nor morally bound to assume such
| burden.
1t is true that the amount thus to be
paid by any one individual may not be
| very large, but it 10 SO much, and I do not
| propose TO give the sanction of my office
| to the imposition of single dollar OF I'M
just taxation upon any individual, If
know it. simply because have the pow
er TO do 1t.
The appropriation of this sum of money
is bad precedent, in my judgment. The
city in this matter should be treated as an
Individual; when asked to pay any sum
/ OF money il should have some satisfactory
| assurance that such claim is well and L.
/ gally founded. No more money should
| be appropriated out OF the treasury until
| \ full and complete statement of the re-
ceipts and disbursements of the defense
committee is made and filed with the
claim which is presented for allow anee
against the city. When this done, and it
is satisfactorily asceTtaLned just the
amount Of the property belonging to the
city OF EmpOria, which was involved in
the suit, then there will be little difficulty
in deciding the amount which the city
| ought to pay. Until all this Is done,
| think the council should make no further
appropriations to the defense committee.
Respectfully submitted,
$50 THOMAS MORRISON, Mayor.
The Mayor also submitted 8 remon-
STRANGE, of which the following is copy
To his Honor the Mayor of the city OF
EfnpoTiG, Kansas:
The undersigned citizens and tax.pay-
| ers of the said city OF Emporia, respect
| fully demonstrate against your Honor
signing an ordinance allowing pretend
| ed claim for costs and attorneys tees IN
certain suits brought by one Barzilla
Gray againsts certain resid ents of the
north half Of the city of Empcria, and
| resp ectfully request and pray your Honor
| to veto the same, and would respectfully
represent as reason therefor that the said
ordinance Is in violation of law and the
charter of said city--it being a taxation
| OF tWo-thirds OF the Inhabitants of said
| city, without their consent, to donate to
| the other one-third for a purely private
purpose, IN which the said twO-thirds
have no manner of interest, directly or
Indirectly.
Signed by ninety citizens.
Mr.. Borton then read petition, as
follows:
Capt. Morrison, Mayor Of EmporiG:
The undersigned citizens and property
hold ers of EmpOria, respectfully request
your approval of the city ordinance ap-
propriating balance to settle the SUITS
commenced by BarZilla Gray against the
city of EInporia and others, Oct. 3, 1876
Signed by thirty eight citizens.
| hot he o;f ho