The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-10-06
MUST LOOK ELSEWHERE.
As Usual Legal Obstacles Are in the
Way of Local Enterprise

rrba citv council has abandoned us
efforts to make an appropflaSloA -
81 600 towards the reception - ~
sTS1,TeT4ietb Kansas boys. At the meet
ing of the council last nlgn1 1
man willard, who had made the pIV-
1,osftion on behalf OF the MeIclloIlCs
STs+ional hank to loan the necessary
funds to the city, PROVIDED liS -
could be given proper security , Lot 81
loan. produced letter IRON Ie,5,-is otto7,-
4on smith & Histed, the baIk AItO1-
news in which Colonel RoSs1ngtoh eA-
dressed the opinion that the leSlsleLI.uIe
could not legalize the appro 9t-.,I
Ind that a guaranty given BY the pu5 81
ness men that the city's note Woulo O S
paid. would be worthless IN wy " ~, u
8y~.+ ,4,iv,ior Mr.. Willard said the DeIk
-cs7id not advance the money upon tns
e,~rS, +9S1rad of at the meeting of the
4ravs and means committee last ues-
Confronted by these circumstances
4ba wavs and means committee re-
7oorted to the council that there was no
xvav in which the money could pc ap-
1,ropriated, and recommended Ihat az
ton in the matter be indefinitely po70
..lrhis ends the matter said Mayor
Drev today. unless some one can pIO
duce some plan by which we can gel
this money and give the 4lSlA0
TO the creditor. ~
Colonel Rossington's letter to MT
willard was as follows:
ON answer to your inquiry, we are
Of tbe oninion that the legislature does
not possess the power to validate the
proposed appropriation OF nVe thou-
sand dollars by the city council Tor en-
PERTAINING the Twentieth regiment
Neither do we believe that under tne
circumstances a guaranty py 1neiNlu-
uals of a proposed loan of that cnarac-
ter to be made by your bank to the
city could be enforced against the m
dividuals. for the reason that both the
bank and the individual guarantorS'
and all parties concerned. would know
-I,e rf4 n receive cOnSlQ-
Grafton whatever for the loan, but that
the money was to be expended Tor pur-
poses entirely outside of the purview OF
the cfty's authority. and Tor Whch the
city. as a city, would receive no return
or benefit
Under these circumstances, we are
of opinion that any such guarantofs
could plead want of consideration to
the principal of the note and escape
liability therefor.
When Mr. Willard withdrew his pro-
position to loan the city the necessary
funds, the council was left without any
proposition to consider, and it will con-
tinue so unless some one else is found
who will loan the city the money.
There is a difference of opinion con-
corning Colonel Rossington's letter.
Many men have realized to their sorrow
that when they have placed their
names on a note for a friend, they
sometimes have to pay the note wheth-
or they have received any consideration
for il or not. and there is a feeling
responsible citizens of Topeka should
endorse the note of the city for twice
the face Of the note, it ought to be
good
.sThe only way left that I can see.''
said Mayor Drew today, would be for
each individual councilman to give his
note for his proportiOnate share of the
amount and then when sufficient
money comes in reimburse him The
trouble with this plan is that no pay
ment cOulS be made for about two
years, and IN that time the council may
be greatly changed. A new council
might not think it necessary to pay off
the notes. Then again it is likely that
some one would bring an injunction suit
against the city expending money in
that way by that time. do not believe
anyone would have the nerve to do it
now, but in two years time the enthus-
iasm would die out, there would be less
patriotism. and taken all around the
men who signed the notes would stand
a good chance of paying them out of
their own pockets
This simply means harder work for
the finance committee but 1t will in no
wise interfere with the entertainment.
The committee placed the $4,000 mark
and ft win be reached.
F7scrala Roots p Estrrfna ans