The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-24
PREPARE LAW
FOR CITIES
w. S. Bird Selected for Task
by Municipal League.
FAV0RS CHAR TER REVISION
Says Cities Should Have Power
TO Revoke Franchises.
FAV0RS CHAR TER REVISION
END0RSESClTY0WNERSRlP
Officers tlec' ed and Place of
Next Meeting Selected.

su tn. council chamber yesterday morn
ing ad opted resolution, employing w.
a. s. liId, ex-city attorney of Topeka,
20 prepa re a bill revising the charter act
relating to cities of the frst-class and
70 prepar such legislation as has been
suggested by the league both at yes
terday's n, ,eting and in the past. as stat
ed in yeste rday mornings Eagle. This
report is TO be submitted to the-mayors
and city alto rneys Of cities of the first
class not later than October l. 1902, for
their approval
Mr.. Bird asked $500 for these services
and It is expected that the cities Of the
hrst-class viii pa y the fee.
Mayor Mclean Of Wichita, Mayor Par
ker Of Topeka and Mayor Goodlander of
Fort Scott expires sed their approval OF
the pan for the cities of the hrst-class
10 paw the fee The following commit
tees On legislation We're also appointed.
but their work viii devoIve largely upon
Mr. Bird:
To prepare an act giving cities the right
20 revoke franchises when its terms have
been violated by the corporation to which
ii has been granted: Charles spencer Of
Topeka: B. Hudson OF Fort Scott; A. T.
Helm of Wichita.
To prehare an act providing that the
cities may care for their own poor and
relieving chem from paying part OF the
county pool tax; ". a. s. Bird OF To-
peka; Henr1- a. Cation OF Winfield; W.
N. Letson Of Horton.
To prepare a bill looking towards the
ling Of VichiG3; Albert Parker Of Tope-
ka. and b T. Mclean Of Wichita
To prepare a bin permitting cities to
appeal criminal cases higher than the
district court. 3. Hudson, J. II. Squires
and 2. W. GoodLander.
\ resolution favoring the public owner
ship Of waterworkes and lighting plants
was adopted.
A resolution favoring the new tax law
which has been prepared by the state tax
commission was passed.
The league was called to order at 9:45
O'Clock yesterday morning and the ses-
sion was devoted 20 a discussion of the
questions stated in yesterday mornings
eagle
The first question TO come up was that
ordinance. if the terms of the franchise
are violated by the corporation holding
st. Speaking on this subject, Mr.. Bird
of Topeka said.
There is no way at present by which
a city can revoke franchise without
going into court at a great expense of
time ard money. Tt seems TO me that
ST franchise is violated the city should
have right TO take back something it
has voluntarily given away"
AS soon as Mr Bird had finished his
remarks lively discussion OF the con
stituuonality of the proposed legislation
began.
Mr.. Spencer OF Topeka held that for a
city 10 revoke "a franchise without going
into court would be in violation Of the
federal constitution protecting people
against the loss Of property without due
process of law.
Mr.. Bird replied by saying that the
courts had held that if a corporation had
not begun re operate under the provisions
81 the franchise within a specified time
1t may be revoked 10y the city. TN any
event he said. "a law like that pro-
posed would place the city on the defen-
sive"
resolution stating that all cities
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