The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-09
NOT TWO-THIRDS.
Majority Only Is Necessary to Garry
City Hall Proposition.

Ever since the city hall election was
called by Mayor Drew there has been
considerable discussion as to whether
or not a tWo-thirds majority is neces-
sary to the success of the proposition
The opponents of the city hall have
been contending that it required two
thirds, but this is disputed, and now
attorneys who have been looking up
authorities on the subject say that a
majority vote is all that is necessary.
This is the opinion held by Judge T. F.
Carver, who has made a careful inves-
tigation.
The statute under which the special
election is called and under which the
bonds will be issued, is chapter As, of
the general statutes of 1891 Section L
of this chapter reads:
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
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, franchise and property of
any bridge company now or hereafter
organized; provided, such bonds shall
not draw a greater amount of interest
than 10 per cent per annum; and pro-
vided further, that before such bonds
shall be issued the same shall be or
dered 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"
Every step that has been taken to-
wards the special election being held
today has been under this statute. The
second section provides that the bonds
shall not run more than twenty years,
which is provided for in the ordinance
for the manner in which the election
shall be called-that a petition asking
for it, signed by not less than fifty
voters, shall be presented to the coun-
ell. All of these provisions have been
duly complied with.
It is under this same statute that
bridge bonds are voted, and no one
pretends that they require a two thirds
majority.
The opponents of the city hall prop
ositiOn, who claim that it will require
tWO-thiFdS vote to carry it,, base
their claim on Chapter 50, of the gen
eral statutes of 1897. This chapter is
devoted to waterworks, but just at
it's close, in order to cover any public
Improvement that may have been 9TH
erwise overlooked the legislature
tackled on section II. which 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 bor-
row money and issue bonds therefor
but no money shall be borrowed or
bonds issued until the city council shall
be instructed to do so by two-third of
all the votes cast at an election held IN
such city for that purpose. Bonds is
sued under this section shall be pay
able in not less than ten nor more than
twenty years from the date of their is
sue, and interest thereon at a rate not
exceeding six per cent per annum, with
interest payable annually or semi-an-
nually."
This statute is meant to cover public
improvements not otherwise provided
for" and plainly does not apply to pub
lie buildings, which are provided for in
an entirely different statute. For this
reason attorneys say that if the city
hall proposition receives a majority
vote today, it will be carried and To-
peka will have her city hall.