The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-24
NOT YET DECIDED.
County Attorney May Not Allow
Name of State Used in Audito-
rum Injunction.

The petition that has been circulated
by J. S. Morse and others requesting
County Attorney Jetmore to allow the
use of the name of the state to bring
an Injunction against the city to pro-
hibit the erection of the auditorium un-
der the contract awarded to Black,
Laird & Blackman, was at last pre-
sented to Mr.. Jetmore last evening by
MI. Morse and G. A. Starbird.
The petition is signed by the requisite
200 taxpayers necessary for such pro-
ceeding, but it does not state exactly
whom it is desired to make the defend
ants to the action, nor the specific
grounds on which the injunction is
sought. The wording of the petition is
as follows:
We the undersigned taxpayers of the
city of Topeka respectfully request you
to allow the use of your name as coun-
ty attorney to bring suit against the
mayor and city council Of said city to
restrain them from carrying out and to
annul a contract entered into by them
and Black, Laird & Blackman for the
erection of a city building, on account
of the violation of the statute in the
letting of said contract, requiring the
same to be let to the lowest responsible
bidder and other defects rendering the
same null and void
County Attorney Jetmore asked to see
the petition for the injunction which
would be presented to the district court
Dull SlaTD1TQ Sd1Q II ndQ not DeSn
drawn UP, as they wished to engage ad-
ditional counsel to assist in preparing
the papers, and before doing that they
wished to find out whether Mr. Jetmore
would allow the name of the state to be
used in bringing the injunction.
Mr.. Starbird stated, however. in reply
to Mr.. Jetmore's questions, that the
ground on which the injunction would
be asked would be that the contract
given to Black, Laird & Blackman was
illegal because it had not been awarded
to the lowest responsible bidder.
Mr.. Jetmore told Mr. Morse and Mr.
Starbird that he would take the matter
under consideration and try to give
them a definite answer by Thursday.
After looking up the statute govern
ing the action of the county attorney in
such cases, Mr.. Jetmore today inform
ed Mr. Morse that he could not grant
the petition until he had seen the petit
tiou for the Injunction to be filed in
court, so that he could judge for himself
whether there is sufficient ground for
bringing the action. Mr. Morse agreed
to have the petition prepared.
'I could not give the subject proper
consideration" said Mr.. Jetmore today,
without knowing exactly what would
be claimed in the injunction petition
and against whom it would be sought
The statute prescribes that the county
attorney shall use his judgment in the
matter, and L could not allow the suit
to be brought unless 1 thought there
were sufficient grounds to warrant such
an action. After the petition is sub
mitted to me l will look up the law to
see if the injunction is called for They
might either enjoin Black, Laird &
Blackman from proceeding with the
work under their contract, or they
night enjoin the city council from pay
ing out any money under that contract,
which 1 presume would just as effect
ually stop the work if the injunction
suit were successful"