The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-08-11
Search and Seizure Ordinance
Passed by Council.
Lively Debate Over the General
Provisions.
EXECUTIVE SESSION.
Section In Reference to Clubs
Is Changed.
Final Vote Was Seven For and
Two Against.

There was a decisive struggle at the
meeting of the city council Thursday
evening over the proposed liquor ordl-
nance which is designed to give ponce
officers the right to search buildings for
liquor and seize what is found.
After the council had voted to refer
the ordinance to the committee of the
whole an executive session was held.
the ordinance was considered and
adopted by a vote of seven to two.
Councilman Nettels bore the brunt OF
the tight. He was looked upon as the
champion of the ordinance and what
was done or was not done was charged
to him. His committee reported the or
dinance favorably and he asked that IT
be considered and moved that the re-
port of the committee be adopted,
Il will vote against it if it comes up
now" said Councilman Burgess.
IT don't care how you vote" replied
Mr.. Nettels. What want is to have this
matter disposed Of one way or an
other"
Councilman Morgan moved that the
ordinance be referred to the committee
of the whole.
Councilman Nettels said: TT seems
to me that there is no use in waiting
longer to take up this ordinance. It has
been before the committee for a long
time and it seems to me it should be
disposed of one way or another. There
has been a great deal of talk about this
ordinance and we have been urged to
defeat it for no other reason than that
certain gentlemen want it passed. We
should pass this ordinance, not because
any man or set of men want 1t passed
but because the officers of the law say
they need it to assist them in the en-
forcement of the law. I take it that
there is no use to discuss this question
for it has been fully considered"
Councilman Mergan-I think that this
ordinance should go to a committee. 1t
has been before the council once and
was defeated and what is the use to
waste time to consider 1t now 1t is the
business of the county authorities and
not of the city to look after violations
OF the law. It is the business of the
city in no sense. 1 have talked to q
great many people since this question
was up before and some of the best
lawyers in the city told me that my
position is right and that it is not the
business of the city to enforce this law.
have yet to find single one who did
not agree with me.
Mayor Drew-This ordinance was re-
ferred and it is the report of the COM
Inittee that is now being considered.
Councilman Nettels-I think that the
gentlemen ought to dispose of this or
dinance now. It was before the cOun-
Gil once and was in effect defeated and
think that the members of the coun-
ell fully understand its provisions.
Councilman Mergan-It was defeated
once and take it that it is not good
parliamentary usage for the gentlemen
bring this matter before the council.
Councilman Burgess voted for this
ordinance before and intended to vote
for it again but I am not ready to do so
now. 1 have heard a great deal about
this ordinance. A curbstone committee
has been out on the streets talking
about it but I understand it there are
some things in the ordinance that I
want changed. I intended to look it up
but have not had time to do so. If the
ordinance is right am willing to vote
for it but if it is like some people say
it Is I want to vote against it. There
is surely no hurry about this ordinance
1t is not spelling and can surely go over
until next Monday evening. I want to
have time to examine it.
Councilman Nettels-It ought not to
lie IN this gentleman'S mouth to say
that he has not examined the ordi-
nance. I tried as hard as I could to ar
could get no one to attend. I spoke
to this gentleman in particular and he
told me he would join me in a report.
Councilman BurgeSs-AlI I said to the
gentleman was to go ahead and make
his report. I did not say I would Join
him in the report.
Mr.. Nettels-I would like to know
what you meant by that?
Councilman Burgess did not mean
that would agree with you in your re-
port.
Mayor Drew feel that it is my duty
to say word or two at this time
want to say to MI Morgan and the
other members of the council that if
they were in my place or in the place
OF any city officer they would be anx-
1ous to have this ordinance passed The
chiet Of police and police judge and ev-
n"-n---