The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1878-08-15

Lu0uOoWuo C<sco " SouA PSA suo WY oo~AA
Gil to certify the metes and bounds, pop
ulation otc., is given below. 1t will be
seen that the court holds that there il
little doubt that Salina has population
Of over 1000, but that the census taken
by Mr.. Grier was not legal on o techni-
cality. The council meets on Monday
evening next and the matter will be
brought up. The decision is as follows
This is an original action Of mandamus commenced
in tn s court the of the State OF Kansas by
John Foster county attorney OF Saline county, to
compel Charles E. Faulkner, Christopher Eberhardt,
Briggs and Ihead dor GSuncmeI o,
with the Mayor OF the city OF Sana and in legal and
proper to make out and transmit to the Gov.
bounds OF all the lands included within the limits OF
said city of ana and the additions thereto and to do
all such a ctr Of
Q city of the second class, In accordance with the
provisions Of section Of the second class city act
LAWS OF 1872 page 80, section Section one OF said
sct provides among other things as follows: "When-
eyer any city shall have hereafter attained popnla-
ton of two thousand inhabitants, and such fact shall
have been duly ascertaned and certified by the proper
authorities of such city to the he shall de-
clare by public saSn cy ns 70 ne
such city shall at the time of making the certificate
herein provided for, make out and transmit TO the
Of ali the lands Included within the limits of such city
and the additions thereto, any,. The CITY OF SAIL
ma is and has been for long time city Of the third
cisss Section rs of the third class CITY act provides
among other things as followss ThepOpuatOn OF the
city shall be ascertained. when necessary by census
taken under ordinance OF the city Laws 0flSl
maze Io1 section Is The facts of this case alleged
in the alternative writ and rs admitted as proved by
I'm Ss and prior thereto said city of Salina was
cify nj the third class siThat the Mayor and Oun-
c;mer ~ sad CITY Of Salina on the m, day Of Janu-
erv Is-s ordered that the Census of ali the inhab-
tsnts in said city he taken and James s. Grier was ap-
pointed and confirmed by the Mayer and COuncimen
81 said CITY 10 take the said census; that the said
James Grier, was on the 2ist day OF january ISIS
Commissioned 10 take said census under said appoint
m.n1 That the Mavor and Councilmen of SAID city
A. the ,,na Of maxim the order TO take sand census
and the Amounting and commissioning said census
taker believed that it was unnecessary enact an
Snanoe unuer an =, 81 and city, on the Am day Of
TaEn. anu ,sS enarted nm ordinance with reference
- ~ ~ H.. = : tho census ~ said city That
said WAS duly published on the 9Th day of
Eshnarv Isss Thai The reappointing Of said lanes
him as such officer was by the Mayor and Councilman
of said city their meeting at which the said ord
nance was passed. and discussed in open session and
was by them deemed unnecessary and was then and
there agreed and understood by and between the
MAYOR and Councilman OF said city and the said James
s. Sirier that he the said Grier should proceed to
take said census under and by virtue the appoint
ment and commission aforesaid and the said ordinance
THAT said James s. Grer and was at the times here
be person TO take said census That said James S
Grer on the sth day February, ISIS. made and filed
with the city clerk of said city his official oath as SAID
ocia to take said census That said James 8. Grier
ss said officer on the 18th Gay February. 1885, duly
reported under oath and writing to the Mayor and
CounciImen of said city at a meeting of said Mayor
and Councmen then and there duly held, that there
then were 2G9 inhabitants residing in the corporate
limits Of said city and in said report stated and set
forth the names of said inhabitants and under oath
correct That said report was by the Mayor and
cilmen of said city received, and that il then
and there ordered by the Mayor and Councilmen oi
report he boundaries of the city and take the
nv steps TO change the city organization from third
10 second class city - That under said order
mittee Of three was appointed at said meeting. That
Mayor aud Councilmen of said city ut meeting duly
held ON tue 7th day OF March, ISIS That a majority
Of said Councilmen then and refused to
fhe said repor That the said report contained
curate DESCRIPTION by mces and bounds, OF all the
lands included within the limits OF the said city of Sa-
lima and the additions there That said description
and Councilnen Of said meeting. That
the Mayor and City Clerk of SAID city the 25th day
xnri IF is.s certified TO the Governor OF Kansas the
foregoing facts and proceedings together with the rec
he rrusd 10 proclam said city city Of the second
class for the reasons stated in his letter to c. Rad
ciin, Mayor That said c. s Radclin is
now Mayor Of said city Of Sal,na that W. wickhan
is now q Councilman OF the city Of Sslna, that said
to he Governor of the state Of kansas that said city
has attained population exceeding two thousand in
habtants. That said Mayor and said A w. Wick
ham, councilman OF said city, willing and desire
PHI
sna h :ns additions an % af sad Mayor
the Of this action requested the Coun
on, and transmit to the Governor Of Kansas an accu-