The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-12-09
ENTITLED TO MONEY.
But Will He Get 1t Is the Question
Now.

If he will take it. Councilman w. S
Bergundthal can probably have $500 out
of the city treasury to pay him for his
services in acting agent for the city
in the Santa F'e shop land deal
But If Mr.. Bergundthal takes the
5000, 1t IS said he viii run dangerously
close to the provisions of a state law
which might cause him to forfeit his
office as councilman, and be fined and
imprisoned to boot.
1t is a very peculiar situation, and
one which has never before arisen in
the history of the city. An old and al
most forgotten law has been raked up,
and it is making trouble.
Mr.. Bergundthal worked hard for the
city in securing titles from the scores
of people who lived on the Santa Fe
shop tract. He worked without pay,
or promise of pay. But he did his work
so well, and saved the city so many
hundred dollars on the numerous deals,
that 1T occurred to the council and the
Commercial club, after the work was
done, that Mr.. Bergundthal ought to be
paid for his services The Commercial
club sent a committee to recommend to
the council committee on claims and
accounts that Mr.. Bergundthal be paid
$500 for his services. That he more than
earned the money there can be no QueS-
ton. The committee on claims and ac-
counts appears to think the idea a good
one. and several other councilmen
thought the same thing. But just at
that stage the old Kansas statute, which
is found under the head "Cities of the
first Glass; at section S29, was read to
the committee, and mixed things up
considerably. The section is as fol-
lows:
1T shall be unlawful for the mayor
or any member of the council or any
elected officer or servant of the city to
be party to or interested pecuniarlly
in any contract, job or piece of work
which may be let by the city; and any
contract in which any such officer shall
be pecuniarily interested shall be null
and void; and in case any money shall
have been paid on any such contract,
1T shall be the duty of the city attorney
to sue for and recover the amount so
paid, in the name OF the city, from the
parties to such contract, and from the
councilman or other officer pecuniarily
interested in the same; and if any such
officer while in the office shall become
pecuniarily inter ested, either directly or
indirectly in any contract or agreement
in which the city shall be interested or
in any questions submitted, or proceed
ings upon which said officer may be
called upon to vote act officially, with
intent to gain directly or indirectly,
pecuniarily any benefit, profit or pecun-
larry advantage, he shall be removed
from office and on conviction shall be
deemed guilty of misdemeanor, and
punished by fine of not exceeding $500
or Imprisonment not exceeding one year
in the county Jail, or both such fine and
imprisonment
From this it is evident that if Mr..
Bergundthal should be proven guilty,
he might have to use his $500 fee from
the city to pay mis- fine, and have year
to languish besides.
City Attorney Spencer, to whom was
referred the question, thinks that under
the law, Mr.. Bergundthal may take
the $500, because he had no financial
interest in the railroad land deal until
it was all completed. 1t is not believed
that there would be any objection to the
his services in case the matter should
come before the council. The commit
tee on claims and accounts will likely
hold a special meeting this week to
consider the case. The city has here
tofore and recently paid councilmen for
special service.