The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-22

ute that provides that the city council
can appropriate any amount less than
$4,000 from the general revenue fund
for the purchase of a site and the cree
ton of a building. The general law
says nothing about voting bonds for the
purchase of site, and the question oc-
Cured to me that the city might be
limited to $4,000 for a site"
MAYOR DREW ON HARMONY.
Mayor Drew was present and was
called on for his views. Il am not will
jOrity of the city council objects to
suggestions from the Commercial club.
I admit that there is a small minority
that may do so.
IF we must buy a site out of the gen
eral revenue fund there is no use of
talking about it, because we can levy
only mills for general revenue and
that won't pay expenses. I did not come
here to talk to you, but I came at the
request of a committee Of councilmen
who met in my office this afternoon
They could not be here and they asked
me to come and see if the lawyers Of
this club could not suggest some way
out of our dilemma. I am sure there
must be some way out, and we want to
find it."
President Brigham then called on City
Attorney Bird, who gave a history of
the passage of the city hall bill. He
told how the senators from the other
cities of the first-class had butchered it
up so that it would not apply to their
towns, and in that way the bill had
been made to apply to Topeka alone,
which was the reason the court declared
it unconstitutional.
1.-The senator from Wyandotte was
responsible for it." said Mr. Bird, land
1 am glad to see that his pet police law
for Kansas City has knocked galley
west by the supreme court, and he has
some more laws that will go the same
way.
''I think Judge Carver is right in say
ing that under the general law the hall
part of the building must be incidental
to the municipal offices.
LAS to that law which allows $4,000
to be taken from the general revenue
fund for an auditorium-that was an
other special law that was passed for
Topeka by the legislatur of 1897. We
had what was known as our coal hole
fund. The drill broke and the fund was
never used for prospecting purposes.
We wanted to use the money towards
building the auditorium in the city park
so we had the legislature pass a law
transferring it to the general revenue
fund.- and then another law allowing the
council to appropriate it towards an
auditorium. Tt was the intention to
raise the rest by subscription, but, as
you know, not enough could be raised
for an auditorium in the city park, the
proposition fell through and the coal
hole money was used to pay the bonds
that were issued for it. I don't believe
the law places any limitation on the
purchase of a site. We can spend $780,
CITY ATTORNEY BIRD QUOTES
LAW.
Mr.. Bird then recited a decision of the
supreme court in an Argentine case in
which the city was allowed not only to
spend more than $10,O00 for a site, but
to purchase an additional site when it
already had one. Concerning the It'll
cation Mr.. Bird said:
ION principle I believe Judge Hazen
was right in his decision, but the su
preme court will either have to re-
verse itself or Judge Hazen. Every ses-
sion of the legislature passes a lot of
special legislation, and the courts hate
to strike down a law, so they uphold
it if they can. 1 propose to carry the
appeal through the supreme court, be-
cause there are other questions which
must be settled. If we held a special
election we would probably run up
against another injunction suit before
we got the bonds issued, and believe
the best way is to get the supreme
court to pass on these questions first
We can't afford to have too many
doubtful propositions pending at one
time. The credit of the city of Topeka
is gilt-edged. It is the best of any city
in the state, and believe of any city in
the west. We flOated our bonds at go
per cent, something never done by any
other city west of the Mississippi"
George w. Crane asked Mr.. Bird
what effect it would have on the litiga-
ton to go ahead and call a special
election to vote bonds anyway before
the supreme court decides the appeal
1T might cause the court to pay less
attention to the questions involved than
it otherwise would. The judges might
think that as the city had gone ahead
and tried to settle the question itself
there would be no use of their wasting
much time on it,
Mr.. Bird referred the question to
Judge Carver.
1T ought not to have any effect on
the litigation" said Judge Carver. 1T
might a jury but I don't think it
would in the supreme court Only
questions of law are involved"
Mr. Fellows moved that a committee
consisting of Mayor Drew as chair
man, Secretary Anderson as secretary,
and five lawyers be appointed to devise
the best method of procedure, and be
instructed to advise with the city coun-
ell in behalf of the Commercial club.
Judge Carver thought that five would
be too many lawyers on the commit