The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-04-20
Alternative writ OF mandamus.
The State OF Kansas. IS.

To l., NJ Cox IS mayor of the city OF Wichita Kan
sJs- ". y CIsyveIl J. K. SAWYER. {. T. Homer.
{. o. AI5erts ". /. Johnson. III Mct all. Henry
ef p Ftli Aeiilr-y,r' d Hill g Z hrnyon;
the city OF " ClIta. Kansas. and the city council
of the city Of Wichita. Kansas Greeting
Whereas, We are informed By Caroline
Moon that you. the said l.. ". Cox, are
the duly elected qualified and acting
mayor OF the city of Wichita, Kansas; and
that you. the said ". y Caswell. j. X.
Sawyer, C. Z. Horuer, C. o. Aiberts, ".
l. Johnson, J. H. Mccall. Henry Schadd,
( Paul Neilinger, II. A Hill, c. c. Kenyon,
K. T. FAIRIES and !. w Burton, and each
II yon, are the duly elected, qualified and
( acting councilmen of the city Of Wichita.
Kansas, and all Of the counciImen Of said
city. that the said city of Wichita is IA city
OF the first class under the laws OF the
state Of Kansas; and that at tie 5 ptem
Der term, 1872. OF the district court Of
cedgwlck county, Kansas, and on The 2nd
day OF December, 1892, said Caroiine Moon
received judgment in said court against
the city of Wichita. Kansas in the sum
Of twenty-five hundred dollars - 500,
with interest at the rate of per cent per
anuum from It's date. and for the costs Of
said action, taxed ut SIS TO- and which
judgment is III full force and effect, un-
paid and uusatisded
And Whereas We are further informed
that the said judgment is unappealed
from, and the said city of Wichita has
taken no steps anu has filed no proceed
ings IL error III the supreme court of the
state OF hausas to reverse or modify the
said judgment;
Aud " hereas, We are further informed
that the said city of Wichita had on April
18th, 1895, and now has in its treasury aud
IL Its general fund more than sufficient
money wherewith TO pay said judgment,
Interest and costs aforesoId can be paid,
aFrh ftlra~
proprIated Tor any purpose, and that
the said Caroline Moon demand
OF the said mayor, and you, aud
each OF you, the said councilmen.
and said city council of said city of
Wichita, 1T "A regular meeting of said
council held on the 18th day OF April. 1898,
at which said meeting 4 quorum was pres
ent and acted and transacted other bust
ness, that an ordinance be passed accord
ing TO law and as authorized by law APP
prOpriatlng out OF the said general fund
OF said city OF Wichita and out OF the city
treasury thereof, sufficient funds to pay
the said judgment rs aforesaid. the inter
est thereon and the said costs. and TO
authorize the issuance OF city warrant
In favor OF the said Caroline Moon, drawn
upon the city treasurer OF said city, TO be
signed by the mayor of said city aud
signed by the clerk of said city and at
tested with the seal OF said city, TO pay
TO the said Caroline Moon the
amount OF SAID judgment, interest and
costs. and that Notwithstanding the said
demand, you the said L. NJ Cox AS mayor
OF the city OF Wichita, and you, ana each
OF you, as councllmen of said CITY, aud the
city council thereof did then and there
neglect and refuse 30 pass such ordinance
as aforesaid demanded; And
~ hereas, The SAID Caroline Noon has
no plain and adequate remedy in the ordi-
nary course of law.
Now therefore, in order that full and
speedy justice may be done in this behalf.
We command yon, that after the receipt of
this writ, at the first regular meeting of
the said city council Of said city of Wichita
10 be held, that You proceed, and without
delay. 20 pass according TO law. aud as is
authorized By law, all ordinance OF the
city OF Wichita, Nam, appropriating out
OF the general fund OF said city and out of
the treasury thereof, the amount neces-
sary TO pay the said judgment, interest
thereon and costs as aforesaid aud author
lZe the Issuance OF l. city warrant upon the
city treasurer OF said city OF Wichita. to
be signed uy the mayor of said CRY and
signed py the clerk thereof and attested
with the seal of said city, payable to the
said Caroline Moon. for said amount
of said Judgment. the interest
thereon computed 70 the time Of said
regular meeting Of said council and the
costs of said action as aforesaid OF, that
you appear before the judges of the su-
preme court OF the state of Kansas, at the
supreme court rooms in the capitol at the
city OF Topeka. Kansas. on rhe llth day OF
May, 1875, ut 9 O'Clock 4. n Of said day 20
show cause, why you have not done 50,
and that you then and there have this
writ with your certificate Of having done
as YOU are hereby commanded.
Witness my hand and thc sea! o. the sU-
preme court OF the state OF Kansas, on
this 18th day of April, 4 d. 1893
SEAL {. !. BROWN.
Clerk OF the supreme court OF the state Of
Kansas.
Tnis alternative writ OF maniamus is
hereby allowed on this day Of April, A
D., 1895.
WN A JOHNSTON.
Associate justice Of the supreme court Of