The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-06-29
ANOTHER
Effort Being Made to Defeat
the New City Hall.
Meddlers Who Always Bob Up
Are at Work.
PAPERS ARE READY.
Injunction Suit to Be Com
menced on Friday.
Must Topeka GrOan Forever
Under Dead Weight ?
ENEMIES OF PROGRESS
Nothing Can Be Accomplished
Without Fight.
No Advancement Until There
Are Some Funerals.
Silly Technical Question Will
Only Delay the Work.
Must Topeka GrOan Forever
Under Dead Weight :!
ENEMIES OF PROGRESS
Nothing Can Be Accomplished
Without a Fight.
No Advancement Until There
Are Some Funerals.
Silly Technical Question Will
Only Delay the Work.

Who ever heard of Topeka doing any
thing without facing an injunction.
There are a few people in Topeka who
are brake on the wheels of progress
and the city would be much better off
if they would emigrate.
The latest announcement is that an
injunction suit will be commenced Fri
day to prevent the erection of the city
hall.
While this is not unexpected it is a
cause for regret for 1T will delay the
project for some time. Judge Hazen
will confer a favor on the people of
Topeka if he will hear the "kickers'' as
soon as possible and dispose of the
matter.
One Of the principals in the injunction
proceedings is ]. B. Billiard of North
Topeka, and it is a matter of regret
that it must be acknowledged he is
member of the Commercial club. Mr..
Billiard had a brief and interesting ca
~eer as police commissioner. He had
a faculty of wanting every one turned
out of the city prison and presided over
one of the most diSgraceful police ad-
nnnistrations in the history of Topeka.
lie was criticised and perhaps that
Soured him. There is no doubt what
ever that he is soured. He has been
threatening to enjOin the North Topeka
sewer and it would be difficult for To-
gress that would please Mr.. Billiard.
As a member of the Commercial club
Mr.. Billiard participated in the auditor
ium discussions. He was present when
the club recommended the amount of
bonds to be voted and it is possible that
some one offended the distinguished
gentleman.
He will have no trouble in finding
men in Topeka to work in his injunc-
tiOn factory.
A petition is now in course of pre-
paratiOn asking for an injunction to en-
join Mayor Drew and the city council
from proceeding with the erection of
the auditorium, and it will be filed in
the district court tomorrow or the first
of next week. Judge Hazen will be
asked to enjOin the city officials from
purchasing new site, from erecting a
building, and from issuing bonds in ac-
cOrdance with the bond proposition
which was carried at the spring cleo
ton.
Clemens & Miley have been engaged
to bring the suit and are now drawing
up the papers. 1t is stated, but with
out authority, that there are parties in
the Second ward who are joining in the
fight and that a large subscription has
been raised with which to make the
fight.
ferent grounds: First, because there
were two propositions merged into one
in the bond proposition at the spring
electiOn-the proposition to sell the
tiOn to issue $50, GOO in bonds for the
auditorium, which, it is claimed, rem
dered the election invalid; second, it is
urged that the law passed by the last
legislature, under which the auditorium
is to be built, is a special act comforting
corporate powers, and is therefore un-
cOnstitutional-that the law while gen
eral in its wording is special in its
meaning and applies to only one city
in the state; third, that the city has no
right to erect a building except for
municipal purposes.
The third objection urged is anus
ing, in view of the fact that both the
attorneys in the case and many of the
prime movers are strongly in favor of
public ownership of public utilities, and
if there was ever case of juStifiable
municipal ownership it is in the case of
a public auditorium. Both Mr. Glenn
ems and Mr.. Miley are noted for their
SOcialiStic beliefs which they have been
preaching for years. They have been
claiming that cities are justified in go
ing into municipal ownership, and their
friends look upon this contention as
joke them.
County Attorney Jetmore will be ask
ed for permission to bring the suit in
the name of the state as it is stated
that it is customary to bring actions Of
this kind in that manner. In case Mr..
Jetmore does not give his consent
Judge Hazen will probably be asked for
authority to use the name of the state
as plaintiff
The contention that the city has no
right to erect a building except for
municipal purposes seem rather pecu-
liar in view of the fact that the city
of Topeka has leased parts of the pres
ent city building for mercantile and
other purposes for many years