The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-01-10
LAYING THE WIRES
ATTORNEYS AND POLITICIANS MAX
ING A LITTLE MEDICINE
Colonel Dick Morris Wants no More
Fusion Nor Pop GOvernors-Ches-
ter Long Mixes With the Crowd.
Eanta Predicts an Immense
Republican Victory.

Eanta Predicts an Immense
Republican Victory.
VIII the citizens at large have to pay for
the Douglas avenue asphalt pavement !?
That is question over which there is a
good deal of discussion just at present
Some people contend that the city will
have to pay for the pavement while good
many more Indignantly scout the idea.
The question il now being tested in the
district court and the result will be known
il a few days.
The case of Oscar Barnes against John
Doran commenced yesterday and
the court room was crowded
with councilmen, city officers, citizens
who own property on Douglas avenue and
attorneys. The Case is the first of a series
OF similar cases brought by Douglas ave-
nue. property holders enjoining the county
treasurer from collecting taxes assessed
against property abutting on Douglas ave-
hue, on account OF asphaltum paving, for
the reason that the proceedings in letting
the contrac: for said paving were irregular
and not according TO law.
Judge Wall appeared for Barnes and A.
j. Wyatt appeared for the city. Judge
Wall insisted that the petition ask
ing for The paving Of Doug
las avenue with asphalt was
not signed by those representing major
lty OF the frontage OF said Douglas ave-
nue.. and produced some fifteen or twenty
afldavits to prove his position.
NJ. Z. Barnes made affidavit that he
never signed any petition TO pave Douglas
avenue and never signed the one presented
to and acted on by the city council. Tha.
he never authorized any body 10 sign it fol
him.
John Herrig made affidavit that he is
the identical person who signed a certain
petition for the paving of Douglas avenue
that subsequently he asked 0. H. Smith to
erase his name. He also stated that while
he signed the petition as the owner of Ger.
tain property in March he cid not own it.
That his wife, Betty Herrig, owned the
property at the time and did not authorize
him to sign it,
Lewis Biting made affidavit that he
owned the fifty feet Of ground on Douglas
avenue and did not sign the petition fol
pavement and did not authorize anybody
to sign it for him. That he is the only
Lewis Biting that owns any property in
Wichita,
Chester Firebaugh made affidavit tina,
since January l, $685. he has not been the
owner of record of any real estate fronting
on Douglas avenue
John Exton made affidavit that he was
not the owner OF lots 81 and SO on Douglas
avenue when he signed petition asking
the mayor and council to pave Dougla,
avenue.
j. A. Wallace made affidavit that he il
the same J. A. Wallace that signed the pc
tition asking the mayor and council tt
pave Douglas avenue aud that he did no
then or prior thereto during the said yea
1888 own 20 feet fronting on Douglas ave
nue. as stated in the petition.
A. c. Niederiander made affidavit tha
he is not now, FOR was he at the time b,
signed the petition, the owner Of an,
property on Douglas avenue within thu
paving limits.
o. H. Bentley made affidavit that be
has not been at any time during the veal
upon Douglas avenue, etc.
The first affidavit read was that of ex
Senator o. H. Bentley, who was one o
the signers of the petition, and was alst
one OF the men who went before the couu
Gil last March, and, in speech of some
length, advocated, urged and de
manded the paving of Doug
las avenue with asphaltum. IL
his affidavit he admits that at the time O
signing the petition he did not own tn
Bentley property on Douglas avenue.
This affidavit caused astonishmen
among the councilmen and other city of
ficers present who remembered the par
Mr. Bentley took in the paving question
last spring. Judge Wall has also othe
grounds to sustain his position, such a
an absence from the minutes of tue coun
ell of the necessary resolution deeming i
necessary by the council to paw
Douglas avenue. Mr.. Myatt is re
sisting the suit with all his nigh
and is confident that he vii
paralize the injunction. Judge Wall i
equally confident of gaining his point and
appearances seemed to indicate last Ugh
tudo lie udd tue DeSI ciiC VI TIC EhSc II
says that if he can't beat the city on thi
point that he has some more strings t.
pull that be will get it on.
Mayor Cox says that he has given tn
subject of contention good deal O
| thought and be seems TO be positive tina
the city will win the case.
Councilman johnson thinks that til
city ought to win the case, but seems Il
doubtful about it, He said that tn
council took every precautiou t
have matters regular in connection
with the letting of the CONTRACT. but tha
they did not deem it necessary to III,
around aud find out whether MAJ
| owned the property which he signed 70
or not. He said that the council took i
for granted that when u man signed tn
petition that he did it in good faith.
Councilman Caswell didn't know wha
to think of the matter. lie was SO mucl
astonished when he heard the reading O
| the aflidavits. especially the affidavit OF .
III. Bentley.
Councilman Horner was, like Caswell
very much astonished but seemed to b
| confident that the city would win the case
The case was the talk OF the town las
night It will be continued in the district
court this morning.
ntaF-s ~.