The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-02-08
LONG, LOUD ROAR
Many People Object to Being
Taken Into the City.
Protests From the "Strlp" Are
Numerous.
LEGAL QUESTIONS.
Lawyers Threaten to Resort
to Injunction.
QUESTIONS
LEGAL
Question Will Be Finally De-
cided February 16.

It was necessary for Mayor Drew to
call out the patrol wagon last evening
to secure a quorum for the meeting of
the city council to consider the annexa-
ton ordinance. This is the first time
such a thing was ever done-at least in
recent years.
The meeting was called for 1880
o'clock, but a half hour later only five
councilmen were present, but there
We're a large number of spectators, the
most of whom had come out through
the storm to protest against being
taken into the city. The councilmen
who were present were Warner, Round
tree, Elliott, Morgan and Nettels. An
other half hour passed and it was pro-
posed that an adjournment be taken,
but City Attorney Bird said the pro-
ceedings would have to be started over
again, and personal notice served on
resident property owners, giving notice
of meeting three weeks later at which
their protests might be heard if they
had any. AS this would greatly delay
matters. it was determined to try to
secure a quorum.
Mayor Drew explained that any three
members could demand that the absen-
tees be brought in by the chief of po
lice. Councilmen Nettels, Roundtree
and Morgan made the necessary de-
mand, and Mayor Drew telephoned
Chief Ramsey to send the patrol wagon
Councilman Hughes had been tele-
phoned to and he reached the council
chamber shortly after. Councilmen
Willard, Belts and Benson We're out of
the city, and Colonel Burgess has re-
signed, so they could not be brought
in.
Officer Belts went out with the patrol
wagon, but Councilman CLANCY could
not be found as he had taken the pre-
caution not to leave his address when
he left home. The wagon then went
over to the North side, and at $3.50
o'clock Councilman Blossom was
brought to the council chamber. He
had been out of the city and had not
been home more than fifteen minutes
when the patrol wagon came after him.
The majority of the spectators who
came to protest were residents of THE
Strip but there were others also. w.
w. Webb and Schuyler Nichols pro-
tested against taking in a tract just
south of the east end of the Santa Fe
yards until a street is opened across the
yards. On the north side of the yards
it is claimed that so houses have been
erected in the past IS months, and these
people wish to be taken into the city
so they can send their children to the
new Branner school, but south of the
yards is a corn field and it was against
taking this into the city that Mr..
Nichols and Mr.. Webb protested.
The ordinance is a very lengthy one,
setting forth infinitely the boundaries
nexations are made and each separate
tract was described by metes and
bounds. It required As minutes for
the reading of the ordinance, after
which Mayor Drew gave an opportunity
to any who had any objections to state
them.
A. H. Vance said he represented a
number of property owners in THE
Strip" who had filed a protest against
being taken into the city against their
will He said if the ordinance passed
it was proposed to resist it by law and
he wished to explain to the council the
legal grounds why the ordinance was
not valid.
This ordinance, as understand it,
said Mr.. Vance, lis framed under the
statute of 1891 The statute provides
that territory adjoining the city may be
taken in, but there is no provision for
unattached territory to be taken in.
There are a large number of tracts in
this ordinance which do not touch the
present city at all"
Mr.. Vance touched on the legal ques-
lions involved and discussed them at
length.
L. H. Greenwood appeared in behalf
of c. w. Jewell who owns a tract of
II 2-3 acres just south of the Parkdale
school,
This property is corn land" said Mr.
Greenwood, land is not desirable at