The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-20
MORSE TOO LATE.
Officials Say Auditorium In
junction Is Tardy.
Contract Awarded and No One
to Enjoin.
HE is DETERMINED.
Says His Mind Is Made Up at
Last.
Will Ask County Attorney to
Commence Action.

ell to Black, Laird & Blackman. The
action will be taken by J. S. Morse,
whose bid was rejected by the city
council because Black, Laird & Black
man agreed to complete the building
two months earlier than Mr.. Morse. al
though Mr.. Morse's bid was consider
ably the lower of the two.
There were rumors of an injunction
Immediately after thecontract was let
some time ago, but Mr. Morse stated
then that he would not bring such an
action, and if he did anything at all
it would be to bring an action for Gam
ages.
4 have changed my mind with regard
to this" Mr.. Morse said today, because
my attorneys tell me that 1 would not
stand as good a chance in an action
for damages as L viii in an injunction
suit. L am not fighting the auditor
ium-the city council is what l want
to get after. l am interested in the
erection of the auditorium myself be-
cause l have two pieces of property
over here on Kansas avenue between
Eighth and Tenth avenues. That con-
tract to Black, Laird & Blackman was
unjust and illegal. Blackman is not a
contractor and Black & Laird live in
Iowa. There was no use in going to
Iowa for contractors to build a city
building when Topeka contractors have
not enough to do"
A petition will be presented to County
Attorney Jetmore asking him to allow
the name of the state to be used in
bringing the injunction suit, as it can
be brought in no other way. The petit
ton was started in North Topeka on
Thursday, and Friday afternoon sign
ers were solicited on the south side of
the river
I'VE have between 200 and 300 signatures
on the petition" said Mr.. Morse. I'VE
started at Gordon street and came
straight south along Kansas avenue
to Fourth street. Yesterday. afternoon
We got over on this side of the river
and 1 got 80 names on my. petition and
1 understand that another one has so
names on it.
I'VE will present this petition to the
county attorney to get him to let us
use the name of the state, and If he re-
fuses we will go to the. attorney gen
eral. I am told the attorney general
will have to grant the petition.
I'VE have waited before bringing this
action until work would have to stop
necessarily on the building The ex-
cavating is nearly completed, but there
ought to be no work done on the ma
sonry until spring comes, because the
frost would injure it. There ought to
be no more work done after the exca-
waiting is completed and in the mean
while this question can be settled. 1
have no desire whatever to delay the
completion of the building, and 1 would
like to see this matter settled as quickly
as possible. I think the injunction
could be settled and the contract relet
within go days, which would be in
plenty of time for beginning the work
on the foundation.
Il would not try to compel the coun-
ell to give the contract to me, but
would compel them to let the contract
over again. This would take 80 days
after the injunction is granted 1
would stand ne better show for getting
the contract than any other contractor.
What I want is to compel them to let
the contract fairly.
Il believe that excuse about the time
of completion was simply a ruSe to give
the contract to Black, Laird & Black
man. They won't get the building done
by September 1 as they agreed, and
some excuse will then be made for ex
tending their time But even if they
| should be compelled to forfeit $25
day from September 1 to November l,
the time I agreed to have the building
| completed. my bid would still be S124
under them, so there is nothing in that
argument after all
1t is by no means certain that County
Attorney Jetmore will accede to the
demands of the petition and allow the
suit to be brought-in the name of the
state. It is not mandatory upon him
to do so, and attorneys also claim that
Attorney General GODDARD can use his
discretion in the matter.
1.-The petition has not been presented
| to me- said Mr.. Jetmore at noon today.
"and I cannot say just what I will do
until l see what is wanted and what
kind of foundation there is for the pc
| titiOn. I do not want to do anything
| that will in any way interfere with the
! auditorium. If I refuse to grant the
petition it can be taken to the attorney
| general, but it is no more mandatory on
one than it is on the other. If we both
refuse to grant it, it can be taken to
| the court and the court can grant leave
! to use the name of the state if it sees
fit, but I do not suppose the court would
| do so without first compelling a proper
| showing to be made
City Attorney Bird does not believe
! the injunction suit will amount to any
! thing.
THE city council cannot be enjoined
| from letting the contract" said Mr.
| Bird, because the contract is already
| let and part of the work under it is
! done. I waited four days after the
| council voted to award the contract TO
! Black, Laird & Blackman before l had
| it signed, so as to give time for any
| such action as this, but there was none,
| and now it is too late to enjoin the city.
The contract was awarded on Satur-
| day evening and l might have had the
| papers signed at 1906 on Monday morn
! ing but l waited until Thursday just
to give time to anybody to kick who
wanted to.
IF Mr. Morse has been damaged in
any way by the council he can bring
( an action for damages against the
| members; and if he believes there was
a conspiracy between Black, Laird &
| Blackman and the council to beat him
out of the contract. he can bring an
/ action for damages against both the
| council and the contractors, but he can
not enjoin the awarding of the contract
| to Black, Laird & Blackman. because it
has already been done
-.As to securing the permission of the
county attorney or the attorney gen
eral to bring the injunction suit in the