The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-23
MAY HAVE TO WAIT.
Probable That yiaduct Bond Election
Can't Be Held Now.

1t begins to look as though the
proposed special election to vote on
the question of issuing bonds for the
Branner street viaduct might have to
be postponed until after the regular
fall lection, instead of being held be-
fore that time, provided the street rail-
way officials insist upon a special cleo
ton.
The city attorney and the attorney
for the street railway company do not
agree very well on some of the legal
requirements of the situation, and have
been unable to decide whether it is
necessary to have petition signed
by 2-5 of the voters of the city before
the election can be called. They have
decided to refer the matter to A. A.
Hurd, attorney for the Santa Fe rail-
way, and he will decide what the law
means.
At the meeting of the streets and
walks committee held Thursday night,
the city railway presented a proposed
ordinance concerning the construction
of the viaduct and the calling of the
special election. This ordinance pro-
vided that a petition should be pre-
sented to the mayor and council ask
ing for the election.
City Attorney Spencer insisted that
he did not think such a petition would
be necessary. and SO the committee
took no action on the proposed ordi-
nance. The two attorneys will try
to get together with Mr.. Hurd and
settle the question.
What this committee should do, it
seems to me- said Mr.. Spencer, tfs
to find out what the plans of the
proposed viaduct call for; whether any
grade has been established on Bran
ner street, whether any change would
be necessary in the grade, and wheth-
er anyone would be likely to have a
claim for damages against the city if
the viaduct is built. That is the first
thing to be settled
The committee acted upon Mr..
Spencer's suggestion, and asked Frank
Kelley of the city railway to furnish
a set of plans of the viaduct to the
city engineer who will make the in
Vestigations and get the desired infor-
nation for the committee.
Another meeting of the committee
will probably be held between now and
the regular council meeting on October
3, for the consideration of the matter.
If the Council at it's August meet
ing passes an ordinance requiring that
a petition be presented asking for the
it will cause considerable de-
lay, and would be almost certain to
throw the date of the special election
over into the middle of November. On
the other hand, If 1T is decided that the
mayor and council can call the election
without a petition, it may be possible
to have the election about October IL.
There are two points of uncertainty
involved, first, whether a petition is
necessary, and second, whether 10 or %
days notice of an election is required.
The general statutes of 1901 Sec. 4S2, |
says that When a petition signed by
at least two-fifths of the voters is
presented to the mayor and council |
asking for an election, one shall be
called. The city charter act, however, |
I'll may call an election" and moth |
ng is said about a petition. Mr.. Spen- |
GER holds that the petition is optional;
that 1t simply gives the voters a chance
n hn M 71iI +<1k hal
action and call an election If neceS- |
sary.
The same section of the general stat
1tes says that notice of a special cleo |
lion must be published for three con-
secutive weeks, and that no election |
San be called without at least 20 days
notice. The city ordinances regulating
elections, however, provide that specialI
ice.
Hencethere are two conflicts in the |
aw, for the lawyers to. reconcile.
1t would seem that the simplest way |
bond election in connection with the |
all general election. There will be a |
arge vote out at that time, and the |
7oters will give wider general express !
ion than could be obtained at a special |
election. The city railway company, |
however, insists upon a special election |
because they say that people do. not pay !,
attention to bond propositions |
n a general eiectlOn. O1 lne Olner nanQ |
t might be said that a special election |
would bring out such a small vote that |
he proposition would be carried by |
lefault.
One thing seems to be practically set |
led and that is that women can vote |
It the proposed bond election. The law |
avs that all persons qualified to vote |
It a geenral election shall vote at
,ond election. The women vote at the
General city elections, and City Attor-
ley Spencer thinks this will let them
-ote on the viaduct bonds.
After the streets and walks commit
ee had discussed the viaduct matter at
ONE length, they engaged in quite an
xtended informal discussion of the wa
erworks situation. They did not ex-
ress any very decided opinions, but
eemed to think the city ought to get
ontrol of the plant.