The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-07-11
OUR BRIDGE.
The Supreme Court Decides To-
day That We Get It.
The Injunction Has Been Dis
posed of at Last.
BRIDGE BONDS LEGAL.
The Work on the Bridge May
Now Go On
Delayed For Months.
BRIDGE BONDS LEGAL.

Topeka will have new bridge across
the Kansas river. The man who stands
on the street corner with an injunction
in his hand has been disposed Of The
highest tribunal in the state said today
that the bridge bonds are legal and the
commissioners might sell them.
There will be no more quibbling of
bond hucksters and as soon as possible
Keepers & Thacher, the contractors,
will commence the erection of q, Nfelan
arch bridge There could be no better
news for Topeka people.
The court was unanimous and the
opinion was written by Associate JUS
tice Johnston.
Almost every one in Topeka is famil-
lar with the trouble about the bridge
bonds They were fairly sold last De-
cember to Deitz, Dennison & Prior of
Cleveland o. A loosely drawn con-
tract was made and the firm at once
commenced quibbHng about the bonds.
Additions to the record were constant
ly demanded. They claimed that Judge
Dillon of New York decided that the
bonds were Illegal, though they did
not produce the opinion, and course
OF delay was adopted which deferred
the deliverance of the bonds until in
April.
Then they appeared before the board
and made a formal demand for the
DOuuS anu also asked Tor the accrued
interest from January 1. That was ev-
identity the game. 1t was to defer the
delivery of the bonds as long as posi-
bic in order to secure the accrued in
tereSt. The county commissioners did
not take kindly to this arrangement
and they refused to accede to the de-
mands of the bond buyers.
The deal with the Cleveland firm
was declared off and new bids were re-
ceived- The bonds were sold to H c.
Speer of Topeka who agreed to pay
the price offered by the Cleveland firm
and also pay the accrued interest
But the Cleveland firm had not been
idle. They had succeeded in running
the reputation of the bonds and it be-
came necessary to have their legality
esta blished in the courts The suit
was consequently brought in the dis
trict court where Judge Hazen sustain
ed the legality of the bonds The case
was at once taken to the supreme court
which today affirmed Judge Hazen's
decision
Attorney General Dawes contested
the legality of the bonds and County
Attorney H. c. Stafford and II. G. Lar
mer sustained them. The bonds were
claimed to be illegal because the bridge
is patent, and because it did not per
nit of free competition and also be-
cause the county commissioners have
no right to build a bridge in the city.
The court holds that the fact that the
bridge is patent did not prevent COM
petition in the bidding and that the
contract was regularly awarded.
Mr.. Speer said this afternoon that he
is ready to take the bridge bonds and
will accept them according to the con-
tract. The commissioners will sell
only S135,000 of the $150,O0O authorized
as the contract was awarded much
lower than contemplated.
Keeper & Thacher, the contractors,
are not in Topeka, but they have been
notified of the action of the supreme
court and will be in Topeka early next
week to make arrangements for COM
mencing work on the bridge