The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-08-22
NORTH TOPEKA SEWER.
Council Approves Report OF the
Appraisers and Passes
Ordinance.

According to Councilman Blossom an
injunction suit will be brought against
the construction of the North Topeka
sewer. Nevertheless, the council has
voted to go ahead until an injunction
suit is brought. In fact, City Attorney
Bird told the council last night that
there was nothing else to be done.
The matter came up in special
meeting held just before the regular
meeting, at which the question of ap-
proving the final report of the apprais-
ers for the sewer tax was under con-
sfderation. When the original appraise-
ment was made, half a block of proper
ty was left out, and it was necessary
for the appraisers to make another re-
port on that property.
A delegation of North Topeka citi-
zens, with NJ. c. Holman as their
spokesman, was present to ask for an
entirely new appraisement, if it could
be legally done.
Mr.. Blossom explained that there was
a great deal of objection to the ap-
praisement on account of it's inequaH-
ties, and he called on City Attorney
Bird to explain how matters stood.
Mr.. Bird said: This is a question of
policy more than it is a legal question.
Due notice was given by the council
to all who did not like the appraise-
ment to come and make their griev-
ances known, but no one appeared.
Now the opportunity has passed and
there is no legal way to set aside the
appraisement. We are told there will
be an injunction suit as matters stand
at present, but suppose a new appraise-
ment is made to equalize matters, some
of the people whose assessments are
raised will be likely to enjoin another
appraisement. So we may be in for an
injunction suit whatever is done. SmOe
H. ~
sleeves anyway. Then the contractor
has a right to go ahead with his work
October 1, and he is entitled to his first
estimate on November 1. It would take
80 days to make the appraisement over
again.
Mayor Drew then gave a chance for
the outsiders to speak, and Mr.. Holman
said:
Il don't come over here as a kicker,
want you TO understand that to start
with I have been working for that
sewer over there for ten years, and 9TH
erS have been working with me. 1 was
away when this appraisement was
made and I knew nothing of its in
equalities until I came home. when
saw it's injustices."
Mr.. Holman then cited a large num-
Der of instances in which similar pro-
perties We're assessed very unequally.
I don't want any Injunction brought
against that sewer, continued Mr..
Holman, "and I won't be a party to an
injunction suit, but there are men over
there who say that if they are to be
bled by the appraisement, they will
enjoin it. If there is any way in which
this appraisement can be set aside and
the matter adjusted so that we can
have that sewer without an injunction
suit, I shall be very much pleased
There seemed to be no way to change
it, however as long as most of the ap-
praisement had already been approved,
and every councilman voted to approve
the balance of the report, although sew
eral explained that they would not do
SO if there was any legal way out of it.
Just before the regular session closed
the sewer tax ordinance was passed
over again to include that portion that
had been left out before.
J. 3. Billiard presented a written pro-
test against the sewer. He gave as
his reasons that the property owners
of the north side do not want the
sewer, viii not use it, and I believe it
will be failure when constructed"