The Topeka state journal., 1900-07-23
ANTI-ExPANSION.
Judge Hazen Rejects the Annex
alton Case.
Holds His Court Has No Juris-
dietion.
BACK TO THE COUNCIL
Ii Continued, New Proceedings
Must Be Established.
Judge Comments on IrregularI-
ties in the Case.

Judge Z T. Hazen decided this morn
Ing that he has no Jurisdiction in the
annexation case
Summing up his lengthy opinion he
said that a large per cent of the prop
erty in question does not come within
the Jurisdiction Of the court according
TO the law of 1891 under which the city
council acted in annexing the terri tory,
and for that reason the court would re-
Ject the ordinance and proceedings
His decision leaves the property out
side the city and in order to annex it
the city council viii have to proceed
in some other manner
IN giving his decision Judge Hazen
said. In relation TO this annexation
ordinance. / might say We have never
had any one case where SO many legal
questions were discussed The city is
attempting to take in a large number Of
tracts OF land. some plated and some
unplarted The city Is seeking to take
all: both plated and unpIatted, under
one ordinance
In 1881 the legislature passed a law
providing for the annexation Of Ger
tain territory, but only plated territory
and no urplatted territory. So the law
Of 1881 gives no authority to take in
other than plated territory. In 1883
the law was changed and authority
given for the taking in of plated and
unDlatred territory To the amount OF
five acres. In 1891 the law was again
changed. and while it does not amend
II EtpeE1tS al parts OF TIE Oi4 laW OF
1887 So far as it conflicts with the law
of 1891 as applied TO cities OF the first
class.
The court is safe in holding that the
law Of 1891 repeaIs parts of the law
OF 1887 50 Tar as it effects cities Of more
than 20, 900 population, but is in force
cities of less than 80 900 population
The law OF 1881 has but one sec
tion. but it is clear that the legisIa-
ture legislated upon two classes Of ter
rftory. Judge Webb in compiling it
divided II into two sections. The law
of 1891 provides for the taking in OF
nance by the city council. and the sec
CnG part provides means for taking in
other land II seems from examination
Of the records that the city council pro-
ceeded under the latter part. Under
the first part the court has nothing TO
do and the territory can be brought
in by the passing OF an ordinance This
question has been before the supreme
court. The Union Pacific railroad
brought suit TO enjoin the city OF kan
sas City. kas.. from collecting taxes
on land taken in by the passing Of an
ordinance Upon the question whether
the city council could pass an ordi-
nance and take in property without
giving notice and without u hearing the
supreme court held it could If this
property can be brought IN by simple
passing Of an ordinance then the dis
trict court has no power 4 large per
cent. of the territory in question is COW
and I am rot now prepared to say but
that all OF it is. I am not able to pick
out the tracts covered by the latter part
of this statute
The ordinance passed by the council
provides that 1t take effect on and af-
ter its publica ton and approval by the
district court. II all comes in the
first provision Of the statute the court
could dismiss. having no jurisdiction.
So far as i part of this land is con-
cerned the ordinance can never take
effect as the court has no jurisdiction.
Is ii the duty of the court to pick out
certain lands and say the court has
Jurisdiction. and in other cases that il
has not2 I think that when the case
is brought as a whole and the court
feels that a large per cent does not
come within Jurisdiction of the court,
that the only thing the court can say is
that it has not jurisdiction It is un-
necessary to decide the homestead and
agricultural territory and other ques-
tions. The court rejects this ordinance
and the proceedings because a large
part that the city attempted to bring
in does not come within the Jur1sclc-
tfon Of the court.
The property the city fs trying to an
mex is called the strip" the Douthitt
tract the Jewell tract east Of Kansas
avenue and several smaller tracts.