The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-27
City Council Formally Decides
to Hold an Election.
Topeka Needs a City Hall and
Will Have One.
LITTLE OPPOSITION.
Councilman Burgess Would
Wait But Votes For Election.
Resolution Approving Purchase
OF Site Is Adopted.

The eight councflmen who were pres
ent at the special meeting OF the city
council last evening voted unanimously
TO call a special lelectionf for the purpose
of voting bands for a city hall. The alb
sentees were Councilman Blossom and
Belts Of the First ward, and Hughes
and Willard of the Sixth.
The ordinance providing for the cleo
ton was passed exactly as prepared by
City Attorney Bird and Attorneys Gar
yer and Troutman. No attempt was
made to change it in any particular
and it was passed without debate. af-
ter the council had decided that it was
best to call the election.
As soon as the roll had been called
the petition which was prepared We'd
uesday afternoon, asking that the spec
1al election be called, was read to the
council 1t contained IS names The
few spectators who were present sug-
geSted that they would like TO add their
names to it, and they were given an Op-
portunity. bringing the number of pc
titiOners up to 81. In addition to these
several parties had signed the names OF
their business firms. but as firms are
not voters. such names were stricken
off, although they represented several
of the leading business houses of To-
peka.
The petition was as follows:
ITO the Honorable Mayor and Council
men of the City Of Topeka.
The undersigned. citizens and voters
of the city of Topeka, Shawnee county.
Kansas. hereby respectfully petition
your honorable body to call a special
election in said city at the earliest prac-
tical date. within the terms of the sta
tute. for the purpose of allowing the
qualified voters of said city to vote on
the proposition to issue the bonds of the
city of Topeka. in the sum of S6O.0 900 for
the purpose of erecting a building for
public purposes in said city"
Councilman Nettels Immediately NOV
ed that the prayer Of the petitioners be
granted. Mayor Drew suggested that
as 1t would be necessary to have an alb
stract of all the proceedings with refer
ence to the issuance of the bonds before
they could be sold, all motions should be
made in writing. While Mr.. NettefS
was reducing his motion to writing,
Councilman Elliott inquired City Attor-
ney Bird If he had examined the petit
tion to see if it was in the proper form.
I have only heard it read said Mr..
Bird, but I will examine it,
After perusing the document he said:
THE petition does not follow the same
form as the ordinance. but it does follow
the language of the general statute and
/ think that is sufficient"
The petition precedes the ordinance
in point of time" said Mr.. Nettles i
drafted it originally. and of course I
did not know how the ordinance would
be worded- Judge Horton scrutinized it
and made some changes, but it follows
the language of the general statute
and I believe it is all right
At this point Councilman BURGESS
took occasion to express a doubt as to
the advisab bility of calling a special
election before the appeal in the in
junction case is decided.
i don't want to be an ObstructiOuist
or a kicker he said. but before 7 vO-1
for this special election I would like to
know if this Injunction case is to be ap-
pealed to the supreme court"
I don't know said City Attorney
Bird Il am ready to do Just what
ever the mayor and council orders me
TO do
intend to go ahead and issue these
bonds now or wait until after that de-
clsion- have been told that this cleo
IIon VIII cost $780, I don't think it viii
cost that much. but if there is anv pro-
babIhty of getting a faVOra BILE decision
from the supreme court in that appeal
don't see the use in going to the ex-
pense of calling a special election
don't suppose the council intends to put
these bonds on the market till after
that decision is given 1t is very evi-
dent thaU the people want this city hall
and they have forced US into all this
trouble But I will vote for it if the
rest do, because 1 don't want to OBJ
ject."
Councilmen Elliott and Morgan both
urged that the appeal should be prose-
cuted- Mr.. Morgan thought it should
be done for the sake of the park law
zone of the important things involv-
ed in this case is our park lew" said
MT Morgan Judge Hazen is a good
Judge, but we should not let his decis-
don be final. Those people on the North
side feel sore about this matter Mr.
Baird and others over there feel pretty
bad because that decision knocked. out
the park law. If L vote for this special
election it will be with the understand
ing that the city attorney is to prose-
cute that appeal
Councilman Warner: Il had the
pleasure of meeting here last night with
some of the best legal authority in the
city, and they decided that we had
ample authority under the general law
10 90 ahead with this building What's
the use of prosecuting A law suit that
VIII do US no good2 If they want to
enjOin US again, let them enioin. We
can stand it. We have sold this build
there is no reason why we should not
go ahead. If the gentlemen on the
North side suffer because they have
knocked out the park law, don't know
that I shall be sorry
Councilman Nettels presented the
ease in a new light by saying:
Any tax levy that is made must be
made by August %. If this is put off
until the supreme court decides that
appeal we cannot make any levy to paw
interest on the bonds next year. so we
could not issue the bonds at all this
year, and it would throw US a year be
hind Next year is the great conven-
should get this building done in order
to have place for holding conven-
tions"
Councilman Burgess: 'sIs it the in
tention, if this proposition carries to is
sue these bonds right away2"
Councilman Nettels. THAT is my un-
Outstanding It is in order to get to