The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-05-19
! NO POLL TAX.
Judge Hazen Declares the New
Ordinance Invalid.
Fails to PrOYideTime For Work
ing Out Tax.
WILL REFUND MONEY.
Those Who Have Paid Will Be
Reimbursed.
Will REFUND MONEY.
Councilmen Do Not Know What
More Will Be Done.

Judge Hazen decided against the city
this morning in the poll tax case by de-
claring the ordinance invalid.
In giving his opinion Judge Hazen
said he had not taken into consideration
the validity or invalidity of the or
dinance on account of the exemption of
the firemen. He based his opinion on
several points and among others the
fact that the ordinance is not certain
enough in stating when the poll tax
may be worked out. The ordinance only
states that when a party is sick at the
time of being notified to work out the
tax that the party may have until Oc-
tober 1 to perform the labor required.
The mayor and council have been
wrestling for some time endeavoring to
devise a plan to raise more money to be
USED IN carrying on the affairs of the
city. After discussing for some time the
license ordinance it was dropped ana the
poll tax ordinance passed. City Attor-
ney Bird was instructed to prepare the
ordinance. AS originally prepared it
did not exempt anyone from the tax but
as the state law exempts militiamen
from such taxes the council decided to
exempt the city firemen.
City Attorney Bird in speaking of the
decision said: The city can do one of
two things; appeal the case or pass a
new ordinance covering the objections
of the court. I shall be governed by the
mayor and council. My idea is that the
decision is wrong and that the court
went off on a proposition argued by
neither side. This identical ordinance
has been-before the supreme court twice
and each time sustained. &C. Clemens,
who was one of the attorneys in this
case, was attorney in both cases that
went to the supreme court and he GER
tainly used every argument he could
think of but did not use the argument
about the time of working out the tax"
Councilman w. F. Weber said: "The
ri 0oy1 or Oh 11,<
men who have paid money should have
it refunded as it will not be fair to col
| lect from few and not from all. If
we can not have poll tax we should
| have something else. We need money.
| We can do as eastern cities do and pass
a license ordinance placing a license tax
| on horses, wagons, bicycles, etc. In
| dianapolis has such an ordinance with
no occupation tax. OF course there will
| always be kicking but we need money.
| Potwin wants street lights and there
1 are petitions for 20 street lights in the
| city. The little town of Florence has a
! poll tax. The streets are in bad condi-
! tion and money is needed for them. Peo-
| pie complain about the tax on real
| estate being high. Here is a man with
a wagon and two horses and pays nc
| taxes. The ordinance was intended to
reach such men,
| Mayor Drew said: 'eBy all means the
| council must pay back what money has
been paid in on poll tax whether the law
/
| er have to pass a new ordinance OF
make an appropriation to pay back the
| money and also pay those who have
| worked out their tax. About $500 has
| been paid in and 80 days worked. 1 be
| lieve the poll tax to be right and think
| it ought to be collected. While it would
| not lower the tax on real. estate this
| year it would next. When the council
makes the levy in August the amount
needed to run the city would be determ-
| ined and what was collected on poll tax
| would be deducted. The money is need
| ed to use in cleaning the streets anC
| keeping them in repair. The genera
| improvement fund has been drawn OF
very heavily. The electric light plan
| will have to be enlarged to furnish tn,
| new lights needed and at a cost of $12
900. The money collected on poll ta1
| would not be used for this but as tn,
| money for streets has come from tn,
| general revenue fund it would lessen th
drain on that fund. The fund is de
pleted and the streets will have to go
The poll tax collects SO from those wh'
do not pay taxes. I think every maj
ought to be willing to pay IS or worl
two days to help support the city h
lives in
Councilman J. S. Warner said: 9TH
council does not propose to go beyon,
the courts I think the money paid il