Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1899-12-27
A Writ OF MANDAMUS.
Served on the Mayor and City
Council last Friday. The
q. S. and Colonial
Getting Impatient.

Last Friday U. s. Marshal Trigg serv-
ed writ of mandamus secured in the
q. S. circuit court at Topeka, on May
or Collins and the members of the city
council in behalf of the Col0nlal and u.
s. Mortgage Co. III relation of Robert
Leak. The writ is very lengthy and re-
cites among other things that the plain
tiff holds waterworks bonds against
tho city OF Medicine Lodge in the sum
OF SIS, 900, bearing interest at the rate
of 6 per cent per annum; that the city
has defaulCed interest payments since
July l, 1898; that there is money in the
city treasury which can be applied on
partial payments; that the city tax levy
Is insufficient to meet accrued and ac-
cruing interest; that the Colonial u u.
5. Go. secured judgment last spring for
the sum of S25l6.5 so. The writ orders the
mayor and council to apply funds now
In the treasury and what may be here
after accumulated III the interest and
sinking funds toward the payment of
cienJ To meet the balance, prior TO
March l, 1900, or SHOW cause why the.
should not comply with The order.
There are several reasons why the
city cannot comply with The order. In
The first instance there is no money i'll
the City treasury; IN the second place,
the levy IS now as high as 1t can he made
under the law; in the third place the
Colonial 81 u S. never before made a
demand for levy to meet the judg-
ment, and fOurthly, the city is meeting
It's obligations as fast as it can. The
levy for the past few years has been up
to the full limit; we can never pay our
Indebtedness dollar for dollar but we
are willing to pay as much of it as we
can. Our Indebtedness exceeds our
valuation and all who hold securities
against The city, excepting this COM
pany, have expressed a willingness to
compromise on g. reasonable basis.
Long 81 Noble represent the city.
They think they will have no trouble in
having this order set aside when the
facts are presented, and they also say
that in their opinion the writ would
have never been issued If the facts had
been presented to the court as they ex-
list. The mayor and council have done
nothing officially since the writ was
served on them. but it is understood
that they will resist the mandamus.
The company is very unreasonable.
1t presumes that the amount which Is
due it from the city should be paid
while the others who hold bonds should
stand back. It desires to squeeze all
Its money out of the taxpayers on tue
spur of the moment when it has all the
information necessary to convince rea-
sonable men that they are now paying
all that can be levied under the law,
and if they use good financial judgment
they will be less hasty lest they receive
nothing.
A large per cent of the people who
voted these bonds are gone while others
are here struggling to pay debts. Our
personality and realty is much less than
it was in boom days and we must shape
our municipal matters in proportion to
our prosperity" which we are told is
measured by our debts. Our people are
not regulators but they ask for a set
Element Oh basis which will enable
them to remain here and make this
their home. If this is denied them,
they will be compelled to seek other
quarters and the bondholders can have
the town and pay the taxes, in which
event they will have an elephant what
is an elephant" On their hands.