The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-07
Council Takes Decisive Steps to
Submit Proposition.
Petitions TO Call Election Must
Be Circulated.
CITY TO BE CANYASSED
Two-fifths of the Taxpayers
Must Sign.
Chief Donovan Put on the Wit
ness Stand.

ell of the city of Topeka. that the city
attorney be and is hereby instructed TO
prepare for distribution on application
petition in due form asking the mayer
TO call a special election to submit the
question of purchase of the water plant
to the people of the city,
The above resolution was passed by
the city council last night, and the petit
tions will, by the general consent of the
council, be circulated by the six sani
tary policemen, each working in his own
ward.
Under the law, these petitions must
contain the names of two-fifths of the
resident taxpayers of the city. None
but resident taxpayers are eligible to
sign. When the petitions are filled they
will be examined by the county clerk
or some other competent person in au
thority, and if found TO be according TO
law, the mayor will proceed to call the
special election to vote $500 900 in bonds
for the purchase of the WaterWorks.
There were no votes in opposition to
the passage Of the resolution, though
several of the councilmen present spoke
against its adoption
When the council had finished up
lot of small business last night, City
Attorney Spencer brought Up the water
works matter, and said that something
ought to be done about it without fur
Their delav.
There is nothing at the present time
that the council is required to do by
law" said Mr.. Spencer. Il do not be-
lieve that any resolution is necessary
under the law. but for the purpose OF
getting the matter into shape, some &C
ton might well be taken
THE law simply provides that upon
presentation of a petition signed by two
ffths of the resident taxpayers, the
mayor shall call special election. The
council comes in afterwards, in case the
bonds are voted. and directs the is
suance and sale of the bonds. If it is
the desire Of the city to vote on the
proposition. someone must get up the
petition.
Councilman Nichols asked if any citi-
zen would have right to start out with
such a petition. Mr.. Spencer replied
that it does not make any difference
| under the law who circulates the petit
Etion If the petition is bona fide, it is
mandatory for the mayor to call the
election.
Councilman Swendson thought that
the council should make some provision
for getting the petitions in circulation
in proper form, and offered the resolu-
ton which was later passed, stating that
| the amount of bonds to be voted and
other matters pertaining could be duly
set out in the petition Councilman
| Tincher seconded the resolution
| Councilman Wolf wanted to put Off
consideration of the resolution until the
next meeting of the council for the rea-
son that Councilmen Griley, Howe and
| Nell were absent. To this several coun-
ciImen. including Mr. Blossom and MI
| Bergundthal. objected. They said that
| the waterworkS matter had been post
poned and delayed often enough. and
that the city should either go ahead
with the $780, 600 negotiations or go to
court at once.
When President Street was here, g"
said Councilman Nichols. ''le did not
make US a definite offer 1 don't think
Mr.. Street was talking in good faith,
and 1 think that he wants to get some
thing out of US besides the purchase
| price of the plant"
Il think that Mr.. Street gave US as
good an understanding as we gave
him. said Councilman Blanch 1--WE
each represent certain body of people,
and he could no more guarantee to sell
US the plant for 5000 than we could
guarantee to buy it for $625, 000.'
Councilman Weber said: Members
of the city council who are in favor of
this resolution have expressed the opin-
| ion that the bonds will not carry. Why
then go to the expense of a special cleo
ton? Why not go to the Spreme court
at once and fight it out with the COM
pany? That is what it vii come to
sooner or later
City Attorney Spencer suggested that
to be effective the work of circulating
the petitions should be in charge of
some competent person who should go
to the tax rolls of the city and secure a
l
/ that the work of securing signers may
i be carried forward expeditiously.
Mr.. Bergundthal advised that the san
itary officers, of whom the city has sig
who have little or nothing to do. should
be employed in circulating the petitions,
and to see that this was done was by
general consent left to the ma yor.
After the passage of the resolution,
the city attorney asked that for the sake
of Strengthening out the record that the
resolution instFucting him to withhold
suit against the water company until
the September meeting of the council
be rescinded, and made to read that he
withhold suit until further order of the
council. This action was taken unani-
mously.
ANOTHER DIG AT ADMINISTRA-
TION.
A spirited discussion which started
with Police Judge Magaw's report and
ended nowhere in particular, was pre-
! cipita ted by Councilman Wolf who
! lives to stir up the animals on the joint