The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-12
Majority Means s'of Votes Cast
on Proposition in Question"
Court Also Knocks Out the
Auditorium Injunction.
IMPROPERLY BROUGHT
Merits Of the Controversy Are
Not Considered.
Maj. Anderson Says Decision Is
Important for City.

The supreme court today upheld the
validity of the Topeka waterworks
bonds, affirming the decision of Judge
Hazen in the Injunction suit, brought
in the name of the county attorney. to
enjoin the city from Issuing the bonds
A variety of objections were urged to
the bond issue most of which were
technical, and the supreme court
passes upon them in its syllabus, which
is as follows:
81. A petition asking the mayor Of
a city to issue a proclamation for an
election to vote bonds to be, used in
the purchase of a system of waterworks
need not be submitted to the city
council.
"2. A city may purchase a system
of waterworks subject to an ineum-
brance payable in the future
''3. Where a petition and proclama-
ton for a city election to vote bonds to
be used in the purchase of a system
of waterworks specifically mentioned
the statute under which the bonds are
to be issued. but which fail to state
the denomination, rate of interest or
when such bonds shall become due, are
not void for these reasons when the
statute referred to provides that said
bonds shall be issued in denominations
of not less than ten dollars nor more
than one thousand dollars and shall
run for a period not to exceed twenty
years. and shall bear interest at a rate
not 10 exceed per cent BV reference
the statute becomes a part of the petit
ton and proclamation. The council
may issue the bonds in any denomina-
ton, and any rate of interest and pay
able at any time within the limits pre-
Ecribed in the statute
a. An existing Indebtedness of OBJ
ugat1on on the part of a city is not a
necessary precedent to it's power to
vote bonds to be used in the purchase
OF construction of a public utility.
IS. general act which provides
that it shall take effect and be in force
from and after it's publication in the
'oHicial city paper will become opera
tive from and after it's publication in
the official state paper Notwithstanding
such provision.
&c. To ascertain how many votes are
cast upon a proposition, in the absence
of fraud or mistake, the legal and
countable ballots found in the ballot
which the voter has intelligently ex-
pressed himself is primarily deter
inmate of the question"
In It's opinion the court passes def
ntely upon the old contention of what
constitutes a majority upon a PROPOSE
tiOn where some of the ballots are
blank so far as that proposition is con-
cerned- Some have contended that a
majority of all votes cast means a
majority of all placed in the ballot
box, blank and otherwise, while others
contend that a majority in that case
means only a majority of those upon
that one proposition alone, and the
court takes this latter view. 1t says:
Ballots which are Illegally cast or
which for any reason are so defective
that they should not be counted, and
ballots upon which the voter has not
expressed himself upon the particular
proposition. should not be counted in
determining the number of votes cast
upon that question:
BERGUNDTHAL PLEASED
When informed today that the su-
preme court had declared the water
works bonds valid, Mayor Bergundthal
said:
Well, I'm mighty glad to hear that.
Now We are ready to take possession
of that plant just as soon as the com
pany can give US title to it. 1 don't
know what progress the company is
making with it's suit to quiet title in
the United States court. This disposes
not only of the alleged invalidity of
the bonds, but it gives us a place to
dispose of the bonds. The water COM
pany agreed to take theb onds in pay-
ment for the plant provided we would
get favorable ruling from the supreme
court. This we have done, and now are
ready to close the deal"
Ex-Mayor Parker, who was mayor
IL
official acts in calling the bond election
were very closely scrutinized by the
opponents of the bond ISSUE said: II
am very glad to hear that the supreme
court has found my acts to be correct.
Mr.. Spencer and put in a lot of time
trying to get everything right, and
you will remember that after the petit
tions were filed with me asking that 1
call the election, I sent out and got
500 more signatures just to make it a
t.4r 4c nfr hi
prevent the city's owning the water
works, and we will make money out of
them if they are properly conducted
AUDITORIUM SUIT WON.
L. NJ. CraW ford fails in his effort to
enjoin the city of Topeka from using
the Auditorium for public entertain
today affirmed the decision of Judge
Hazen refusing such an injunction.
The suit was brought months ago in
the district court by Mr.. Crawford in
the name of the Amusement Syndicate
company, to enioin the city from rent
ing the Auditorium for entertainments
ike the big concerts which have been
held in it and the Riley entertainment
last week. Crawford's contention was
that the city was engaging in private
business in competition with his opera
house.
The court does not pass on the merits
Of the case. but says that the action
was not rightly brought. 1t should
have been instituted by a public Off
ciaI It says;
I'VE can not decide the principal ques-
tons discussed here for the reason that