The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-18
BERCUNDTHAL BALkS.
His Objection May Prevent
Opening Of Morse Street.

Because Councilman Bergundthal
thinks that he is not getting enough
for piece of property condemned for
the opening of Morse street in North
Topeka, the judiciary committee of the
city council has decided to recommen1
to the city council that the report of
the appraisers be rejected. This ac-
ton, II approved by the council, will
prevent the opening of Morse street,
and will render null the expensive work
OF sppraising Is blocks of North Tope-
ka property. The city at large will
have to stand the cost of the appraise-
ment, which can not be exactly stated.
but which probably is in the neighbor-
hood of 500.
An exactly similar case presented to
the committee by l. S. Lauck and others
concerning the opening Of Second street.
near Western avenue. was settled. Mr..
Lauck, after making a hard fight for an
increase in the amount of damages al
lowed to him. withdrew his objections
when he found that the opening of the
street would probably be blocked if he
persisted in his fight. The committee
first decided to recommend the rejection
of the report on the opening of Second
street, after which Mr.. Lauck announc-
ed that he would under those conditions,
withdraw his objections for the good
of the public.
A peculiar part of the situation was
that the judiciary committee, to which
was referred the protests of Mr.. I.auck
and Mr.. Bergundthal, Is composed of
Councilmen Howe and Bergundthal,
Councilman CLANCY, the third member.
having resigned. The committee first
heard the arguments presented by T.
F. Doran, Mr.. Lauck's attorney, and
decided to recommend the rejection OF
the report. Then Mr.. Bergundthal said
he would leave the settlement of his
case to Mr.. Howe. and Mr.. Howe de-
cided to recommend the rejection of the
objectionable appraisement.
There is considerable question as to
what the council will do with the
in regard to the North Topeka
case. At the last meeting the council.
after hearing Mr.. BergundthaFs pro-
test, voted to approve the report. Later
on this vote was recOnsidered, and the
matter was referred to the judiciary
committee.
Councilman Bergundthal, in speaking
of his position in the matter, said this
n orning:
This matter is up to the council, and
they can decide as they see ft, of
course. If they approve the report
however, there is nothing left for me
to do but to appeal to the courts. 1 am
not getting, under the appraisement
two ago. I paid $3.50 for the house and
lot. The city proposes to take a large
corner off my lot, leaving me a four
foot frontage and not 14-foot frontage
this corner. If it is taken, it makes the
house on that lot useless. I could not
rent 1T to anyone. The piece of the lol
which is left me is not worth paying
taxes on 1 would simply give it uI
and move the house away. I have
never set a price on the property OF
told the city what 1 would settle for
but think I ought to get as much oul
of the property as I put i'm
The benefit district for the opening of
Morse street extends from Quincy to
Van Buren and from Gordon to ST. John
and Saywell streets covering an area
of about fifteen blocks.
Mr.. Laucks claim was for $50, but It
was stated to the committee when his
case was being presented that there
were several other property owners who
had similar claims, and that Mr. Lauck g
was simply presented as a test. Mr..
Lauck was allowed $3.50 for a lot, and
$40 for moving barn and the destruc-
tion of a row of shade trees. He in
sisted that the lowest reasonable price
for the lot was $500 and that the cost
of moving the barn would be $50 more
than the appra GERS allowed him. 1t was
considerable of a surprise to the COM
mittee when he announced that he
! would withdraw his objections in order
| that the opening of Second street might
| not be delayed.