The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-17
MAY TEST LAW.
Bethany College Talks of En-
Joining Proposed Paving.
Insists That the City Keep Its
Promise.
MR.. DIV. NELLIS TALKS
Says College Is Not in Position
to Bear Burden.
Talk of Assisting by the Sub
scriptiOn Method.

Either the people of Topeka must
agree to pay Bethany's share of the pro
posed West Eighth avenue pavement
tax for the next two years.-or Bethany
will stop the construction of the pave
ment by injunction and Bethany is not
much to be blamed if it does
This is practically the ultimatum
which has been agreed upon by the
friends of Bethany college, though no
official action has been taken either by
Bishop NIillspaugh. or by the trustees of
the college.
If Bethany is forced to resort to in
junction, there viii be nothing done in
opposition to the pavement until the
work Of building actually commences.
There will be no formal protest made to
the city council, unless such protest is
made simply to save some legal right.
The injunction fight will be made on
the ground that the law passed by the
legislature two years ago, relating to
the construction of pavement at the pc
tition Of a majority of the property
holders in the area. to be paved, regard
less of whether or not there is a major
ity faVOring such movement In each
block, is unconstitutional
Several well known attorneys of the
city give it as their opinion that this
law win not stand the test of the courts.
and that if the matter is ever brought
to issue, the law will fall. If this law
should be knocked out, it would be
severe block to any future pavement in
the city. A very large proportion of the
pavement in the city has been laid un-
der the provisions of this new law. 1t is
slow work getting a majority of the
property holders in each block to sign
a petition for pavement.
D w Nellis is an active opponent to
the proposed West Eighth pavement.
He said yesterday:
while 1 am not authorized to speak
in ian official capacity for the college,
yet feel certain that if the people liv
ing on West Eighth avenue would Sc
cure subscriptions sufficient to pay the
first two years of the West Eighth pave
ment tax, the college would make no
further opposition to the plan to pave
that street Our only objection to the
pavement is that we are at present un-
able to pay for our share of the pave
ment.'
Mr. Nellis admitted that the injunc-
ton method of stopping the pavement
college has not yet placed the IA after
in the hands of its attorneys.
However" he said, you may be GER
tain that the college will oppose the
pavement by every means in its power,
provided the people manifest an inten-
ton to force this pavement upon us.
Mr. Nellis said that the college would
not start any subscription paper to
raise the money 10 Heip Tie pavement
fund. but that if such a movement
stated it would have to be through out
side parties
The first two years pavement tax
would amount to $500 or $780, At the
time the West Tenth avenue pavement
was laid the people on that street
raised enough money to pay the first
two years of the tax.
The attempt to force the West Eighth
avenue paving on Bethany college at
this time looks like a breach of faith.
An agreement, verbal it may be, was
entered into two years ago that the
city would not ask the college to pay
for more paving for five years. and
the city ought to keep its part of the
contract.
Paving has already been provided for
on Buchanan street which viii pass in
front of the governors n ansiOn. so that
there will be a paved roadway either by
Sixth or Tenth avenues to the executive
residence, SO that the paving of Eighth
avenue is not now imperative
The city should not treat Bethany
college unfairly, even if it has the power
to do so.