The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-19
CALL AN ELECTION
Council Has Authority to Sub
nit City Hall Question.
Progress Has Not Been Killed
In Topeka.
ONLY A SET BACK
People May Again Express
Their Sentiments
Law Is Plain and Special Act
Unnecessary.
Commercial Club Will Meet
Friday Evening.

City Attorney Bird today filed mo-
tion for a new trial in the city hall in
junction case, as a preparatory step
to carrying it to the supreme court He
makes the motion on the usual statu-
tory grounds: First, that the decision
and judgment is not sustained by sufH-
cient evidence; second, that the decision
and judgment is contrary to law; and
third, that error of law occurred at the
trial, and was excepted to by the plain
tiff.
While City Attorney Bird intends to
prosecute the case through the supreme
court, lawyers are of the opinion that
the city can go ahead Immediately and
vote new bonds to put up any kind OF
a public building it may wish. Chap
ter 45 of the general statutes, which
stands as amended in 1871, gives the
city authority to proceed at once with
the matter The first three sections of
this chapter are as follows:
i. The board of county commissioners
and authorities of incorporated cities,
are hereby empowered to issue the
bonds of the county or city, as the case
may be, for any sum necessary, and to
negotiate a loan thereon, for the pur-
pose of building bridges and erecting
buildings for public purposes, and for
the purpose of purchasing any bridge,
or the stock, franchises and property
of any bridge company now or hereaf-
ter organized; provided, such bonds
=
terest than ten per cent per annum;
and provided further, that before such
bonds shall be issued the same shall
be ordered by a vote of a majority of
the voters of the county or city, voting
at an election held for that purpose, as
hereinafter provided.
-. The bonds herein provided for
shall be issued in sums of not less than
one hundred dollars, payable Cat the
discretion of the board or county COM
missioners, or authorities issuing the
same,) in not less than five years nor
more than twenty years from the date
thereof, with interest annually or semi
annually; said bonds to be made pay
able at any point or place discretionary
with authorities issuing the same, and
shall have coupons attached.
%. Before issuing any bonds under
the provisions of this act the question
Of constructing any particular improve
ment or building shall be submitted to
a vote of the people thereof, at a time
or place to be fixed by the commission
erS or authorities aforesaid; provided,
a petition shall be presented to them
signed by not less than fifty voters,
asking a vote on the question. Upon
such petition being presented they shall
within five days thereafter give notice,
by publcatlOn in newspaper of gen
eral circulation in the county or city,
of the time and place of holding such
election; and the same shall be con-
Quoted under the general election laws
of the state; and those voting in favor
Of the improvement proposed shall have
written or printed on their ballots.
For the bonds and those opposed,
Against the bonds and if a ma jOrity
voting at such election shall be in favor
of such bonds, then said commissioners
or city authorities may issue the same,
as provided in this act"
In discussing this statute today Judge
Carver said:
There seems to me to be no doubt
whatever but what the city has a per-
feet right to go ahead and vote bonds
a
of Judge Hazen's decision regarding
the city hall law. There is a provision
in section II, Of chapter So, which may
have some bearing on the election il
self, but it would only strengthen the
authority of the city otherwise 1t
reads:
For the purpose of paying for any
improvements of a general nature in
the city not herein otherwise provided
for, and for the construction of water
works and water power, the mayor and
council may from time to time borrow
money and issue bonds therefor, but
no money shall be borrowed or bonds
issued until the city council shall be in
structed so to do by two-thirds of oil
the votes cast at an election held in
such city for that prupose. Bonds is
sued under this section shall be paya-
BILE in not less than ten years nor more
than 20 years from the date of their
issue. and interest thereon at rate not
exceeding 8 per cent per annum, with
interest payable annually or semi-an-
nualIy
There is no doubt in my mind but
what the city also has a perfect right
to include a hail for the purpose of
large gatherings in its city building
see Judge Hazen did not touch on this
point. There would be a question as to
the right of the city to build an audi
tOrium separate from its regular city
building. such as an opera house wOnld
be, but the citizens of a city frequently
want a large hall in which to hold pub
lis meetings, and the city authorities
certainly have a right to provide such
a hall in it's public building"
According to this statute the building
at all The only change necessary in
the original plans would be that the
bonds would have to be issued for 20
years instead of 80 years. The petition
necessary for the calling of a special
election to vote bonds could be secured
in an hours time, and the council could
call the special election to be held in
ten days. There would be no doubt but
what the proposition would receive an
overwhelming majority, and in the mean
time the city council can proceed with
the consideration of the plans for the
building. A new contract would have
to be made for the sale of the bonds
as they would run for only 20 years in
stead of 80, but otherwise the present
plans need not be disturbed.
City Attorney Bird is also of the
opinion that the city can proceed irnne-
diately to vote new bonds for a city
building, but he is fearful that another
injunction could be brought against it
on the proposition that a city building