The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-23
WAR OF AFFIDAVITS.
Engaged in Expressing
Opinions on New Ordinance.

Topeka councilmen are engaged in a
war Of afdavits. The billiard hall case
now pending in the district court, calls
forth some differences of opinion as
to the purposes OF the city in passing
the recent ordinance levying a license
Of SIS year on billiard tables.
1t started when Joseph Griley, couIi-
Gilman from the Second ward filed a
very long and deliberately worded
sworn statement few days ago on
behalf Of the billiard hall men. This
affidavit was prepared by G. G. Glenn
ems which is sufficient evidence that
it was good stun from a literary and
legal standpoint. The affidavit went
to prove that the city council passed
its latest billiard hall ordinance with
the deliberate intention of crushing the
billiard hall business under the iron
heel of the law, and not merely for the
innocent intent Of deriving revenue
from license.
To prove that Mr.. GriIey- had made
a grand mistake in HIS estimate of Tire
situation, City Attorney Spencer today
filed a bunch of eleven affidavits, made
by the following city officials, council
men, and men who were members Ot
the council when the billiard hall or
dinance was passed Councilmen
Swendson, Nell, Howe kutz, Nellis
and Sinner and former Councilmtn
Wolf and Weber each signed the fol-
lowing form of affidavit:
"-, being first duly sworn accor.l-
ing to law, says that he was a member
of the city council Of the city of To-
peka. at the time of the passage of or
dinance No. 2479, an ordinance levying
a license tax of SIS per year on bill
lard and pool tables; that in voting
in favor Of the passage of said ordin-
ance he, the said affiant, was actuated
only by an honest and sincere desire,
under the advice and assistance Of the
license tax collector and the city at
Nfrr-r hat
would be fair and reasonable in its
terms as an ordinance levying -legi-
innate license tax on billiard and pool
tables, and an ordinance that would
be held to be fair and reasonable and
valid by the courts that ii is not true
that he supported or voted In favor Of
said ordinance on the theory that said
license tax was one in reality taxing
places for the unlawful sale of liquor.
and that he did not support OF vote in
favor of said ordinance for the pur-
pose of, or with the intention Of de-
StrOy1ng the occupation OF the plain
tiff herein. or Of any other keeper OF
billiard and pool tables in said city,
and further afflant saith not"
Mr.. Griley seems to have obtained
an entirely different conception Of
what the city dads were up to when
they passed the SIS year license law.
He says, in his preamble, that Mayor
Bergundthal was elected for the pur-
pose of closing up the joints, and that
the M tor has expressed the opinion
that the billiard halls are most Of
them merely joints in disguise He
also says that a majority OF the coun-
Gil, one Of whom he was not, voted IN
favor of the SIS law with this idea OF
the mayor in their minds He says
that really the billiard hall ordinance
is a blow at the joint traffic and that
the license was fixed at a high figure
for the purpose Of putting the alleged
billiard hall joints out Of business
This in substance. is Mr.. Griley's
theory Of what the council was trying
TO do when il passed the ordinance.
Besides offering the evidence OF
eight councilmen, the city has filed
afidavits from City Attorney Spencer.
License Collector Page and City Clerk
Squires. Mr.. Squires tells about the
same story that the councilmen do.
but Mr.. Spencer and Mr.. Page go
more into details They set forth that
the proposed ordinance was drawn up
by them, for the purpose of getting
some revenue out of the billiard halls.
They tell about the former billiard hall
ordinance. which was fathefed by
Councilman Nellis, and imposed a
very much heavier license, and admit
that the ordinance was drawn to
drive b1,iard halls out of business.
But they say that the new SIS ordi-
nance was based on entirely different
principles The old suppression or
Glance was knocked out by the dis
trict court
Monday the attorneys in the case
Will submit the matter to Judge Ha-
zen. The billiard hall men have APP
piled for an injunction to prevent the
collection Of the license. Judge Hazen
Iefused to grant the Temporary re-
straining order. and this is a pretty
good sign that the billiard hall people
have not got much Of a case and that
the SIS license fee will probably
stand
Mama-s'T7aro1dl~ II you don't give
Mary one Of those apples at once. III
spank YOU BOo-hOol III
give ,em both TO Mary if you-youu