The Topeka state journal., 1902-01-07
further consideration. and this motion
prevailed.

QTcNdiicu-
BERGUNDTHAL TO BE PAID.
Councilman w. S. Bergundthal will
receive $500 as pay for his services to
the city while he was acting as it's
agent in the negotiations for the Santa
Fe shop land.
In spite of a single-handed fight made
on the proposition by Councilman
SwendSon, the council went squarely
on record as believing that Mr.. Ber-
gundthal is entitled to pay for his ser
vices. Eleven councilmen voted for the
resolution
The matter came up in the form of a
resolution, instructing Councilman Ber-
gundthal to draw on the shop land fund
surplus which remains in his hands, to
the extent of $500 to be ap-
piled in full payment for his services.
Instantly Councilman Swendson was on
his feet urging that the resolution be
killed. He declared that the proposed
act was contrary to a state law, which
he read as follows:
TT shall be unlawful for the mayor
or any member of the council or any
elective or appointed officer or servant
of the city of Topeka to be party to
or interested pecuniarily in any con-
tract, job or piet : of work which may
be let by the city; and any contract in
which any such officer shall be pecun-
iarily interested shall be null and void"
The section further provides a method
for recovering money so paid, and pro-
Vides punishment for the official of the
city who is found guilty of violating
the pTONlSlOlS Ol lLC OIQludICe
City Attorney Spencer stated that in
his opinion the law does not apply to
Mr.. Bergundthal who was not under
contract or agreement to receive any
money. Mr.. Bergundthal performed his
work without promise of pay
Didn't the city attorney tell me that
it would be contrary to the intent of
the law to pay this money to Mr.. Ber-
gundthaI?" queried Mr.. Swendson
sharply.
That is a matter which should not
be brought up by you or by me at this
time,'' retorted City Attorney Spencer
with equal asperity.
''Then you should not have said it to
me-" shot back Mr.. Swendson.
IF you want to tell it, l wish you
would tell it just as it occurred" an
swered Mr.. Spencer. Mr.. Swendson
made no reply.
''Mr. Bergundthal spent days and
He handled $4,000 of money, and we
have examined his accounts carefully.
They balance to a dot. If we pay this
money to Mr.. Bergundthal / may be
liable for hy share, I may go behind
the bars or L may lose my job. But L
think Mr.. Bergundthal deserves this
money, and am willing to stand on the
opinion of the city attorney and pay
it to him..
Councilman Warner said: TT was on
my suggestion that Mr.. Bergundthal
was placed on this CON mittee. He is a
real estate man, and we thought him
the most competent man in the council
to judge of values. The suggestion of
pay never came from Mr.. Bergundthal. l.
We talked the matter over in our com =
mittee, and agreed that Mr.. Bergund-
thai should have something for his ser
vices"
when the auditorium was built
didn't we hire John Elliott, member
of the council. as superintendent? ask
ed Mr.. Weber.
Yes. and he didn't do very good
job, either" broke in Mayor Hughes.
Il see no objection to epaying Mr..
Bergundthal," said Mr. Myers. He
did the work well, and if we had hired
an outsider we would have had to pay
much more than $500"
On the vote Councilman Swendson
was the only member who said no"
Coupciln an Bergundthal then arose
and said: "I appreciate the honor and
trust which the council bestowed upon
me in giving me this work to do. All
the money used in the deal was deposit
ed in the bank subject to my check. No
one was in authority over me. 1 dis
posed of the money as I thought best.
The committee told me to go ahead
and do the work as 1 thought fit. 1t
will be one of the bright spots in my
life when remember this honor, and I
thank you for your kindness and court
eSy in voting me this remuneration"
AS still further token of his appre
citation, Councilman Bergundthal sent
out and bought a box of fine cigars
which the council enjoyed during the
evening.
MORRIS AVENUE PAVEMENT RE-
FERRED.
The request of H. E Bishop that his
name be stricken from the Morris ave
nue. pavement petition was read and
referred to the committee on streets
and walks. A protest against the Nor
ris avenue pavement, signed by Mrs.
o. B. Chilson and IL others, was also
referred
When the original petition came up,
with a favorable report from the streets
Il 80 Il oil ,o1 q
sharp debate between Councilman
Swendson, who wanted the committees
report adopted, and Councilman Griley,
who was in favor of sending it back to
the committee to be considered with
the Bishop and Chilson protests.
Councilman Griley urged that the pc
tition was likely to be defeated and
that it would be a waste of money to
publish the petition, as urged by Coun-
Gilman Swendson-
The council stood by Mr.. Griley, and
referred the petition back to the COM
mittee streets and walks.
Those who favor the Morris avenue
pavement are firm in the belief that the
pavement will win. They say that by
the time the committee meets to con-
slider the petitions and protests, several
more property owners will sign the pc
tition and insure its success in spite of
Mr.. Bishops withdrawal The paving
of Morris avenue from Sixth to Tenth
will naturally result in the paving of
one block on Sixth street and four
blocks ON Tenth, to connect with Morris
avenue. thus making another long
and beautiful paved street circle for
drives.
WICHITA SAYS NO
Amos McClain, secretary of the Kan
sas Municipal league, says in regard to
the proposed change in time for the
Municipal League convention:
Il regret very much that the date
fixed for the Municipal League meeting
conflicts with your Midwinter exposi-
tion, but the date fixed upon has met
with such general approval, and 1 have
received assurances that so many
cities will be represented that do not
consider it wise to change either time or
place of meeting"
Most of the city officers of Topeka
will probably go to Wichita to attend
the convention on January %. The fol-
lowing councilmen announced their in