The Topeka state journal., 1904-06-23
INTERESTING BOOK
First Compilation of the Topeka
City Ordinances.
Issued in 1878 While M. H.
Case Was Mayor.
NEARLY ALL ARE GONE
John Elliott Was Then in City
Council.
Book Contains Provisions for
Licensing Saloons.
NEARLY ALL ARE GONE

While digging through a lot of old
archives recently, City Clerk J. H.
Squires unearthed a copy of the first
book of city ordinances ever published
by the city of Topeka
It is a little volume in cardboard
covers issued in 1873 under the ad-
ministration of Mayor NJ. H Case
from whom the city also received the
legacy of steam fire engine, re-
Gently rebuilt for renewed service. The
book was printed by the Common
wealth job Office
The only man who was a CITY ON ON
cital at that time who is still IN once
is George O. WiImarth, chief OF the
fire dena rtrnent Here is the list OF
city officials, as it appears IN the MS
toric volume:
M H. Case, mayor.
F. Fritshe, president of the council.
Inaen-First ward, H. c. Bow
en-; second ward. F. f,Fitshe, } p
Otis: third ward, A. Quick, John Ell
lott; fourth ward, J. P. Syler, T. II
George B. Holmes, police judge.
A. w. Knowles. treasurer.
Tobias Billings, marshal
T. S Muzzv, assistant marshal
H. H. Wilcox, city clerk.
D. A. Harvey, city attorney
Bradford Miller, assessor.
George O. Wilmarth, chief OF flre
department.
]. T. Franklin, street commissioner.
J. B. Whitaker, city engineer.
Topeka had six policemen at thaI
time, and they were put down IN the
book along with the rest OF the Guy
oficials'' Their names are as FOL
lows: Pat sherman. c. T. Tompkins.
J. H. Tincher, c. J. Early, W. , Gil
man, Byron Jewell
OF this entire list of names, there
are only half a dozen or so who are
i<rl,f he 0l q
well known citizens of Topeka
Many of the others have moved away,
and quite a number are dead. John
Elliott who was councilman from the
third ward in 1878 has been council
man from that ward more or less ever
since, and was talking about running
again in the last election. J. II.
Tincher one of the policemen, re-
signed from the city railway a few
days ago on his 10th birthday he
is said to own property here in town
worth a good deal of money, and he
has saved it all out of his earnings
as policeman and street car conduc-
tor. He is able now to retire and live
his remaining years in peace and
quiet
book was passed June l, 1866, twelve
wears prior to the issue of the book,
and very shortly after the city COM
menced to do business. 1t is ordinance
No Z and relates to the opening OF
streets and Kansas avenue and Jack
son. Ross Burns was mayor at thas
time. Since then the city council has
Dossed nearly $500 ordinances, the
last one to be published being no.
2,502, which is an average rate Ur
65 ordinances a year.
Ordinance No. 81, passed April H.,
1857 and signed by Mayor c. K. Hol-
liday, father of the c. K. Holiday
who is now councilman, provides for
the annexat ton of Eugene to the city
of Topeka. Eugene is what is now
called North Topeka.
gambling appears in this book; it was
passed April %, 1870 The first or
dinance against cock-hghting, running
saloons on Sunday, and carrying con-
/ cealed weapons were also passed about
I the same time.
In 1871, an ordinance was passed
providing pay for fremen- The city
! had a volunteer department at that
time, and the fee for turning out on
an alarm was $3.50 for each member
! of the company.
One of the historic ordinances of
great Importance is the one passed
July /, 1871, providing for bond cleo
ton to decide whether 100000 should
/ be voted to the Santa Fe railway. 1t
was the best 100000 deal the city
ever made, for included in the or
dinance is the following contract:
THE said company shall perma-
nently locate and stab1ish its general
| Offices principal machine, car and re-
| pair shops, at the city of Topeka,
Kan, and at or within one half mile
of the present depot and office of
said company, in said city. and shall
contract with the city there to per-
manently maintain and keep the
/ same"
This gives Topeka Iead-pipe cinch
on the Santa Fe Offices and shops for
ever.
In 1874, the city was big enough
so that it became necessary to pass an
ordinance prohibiting domestic fowls
running at large from March 1 to
November 1. The fine was so cents for
each fowl.
This ordinance book was published
| in the good old days of open sa-
looms. Ordinance No. 279, published
May Is, 1878, the same year the book
was issued. provides a license on bill
| lizard tables of SIS per year; on bowl
/ ing alleys, $25 per year; on dram
shops" $500 per year, and where in
toxicating liquors were sold elsewhere
than in a "dramshop" 500 per year
The following definition is given OF
| a dramshop: "Au rooms where spir-
| ituous, vinOus, fermented or other
| intoxicating liquors are sold and drank
| within the same, or upon premises un-
| der the control of the seller, shall be
taken and held to be dramshops."
Here is one of the provisions of this
saloon law: Before any dramshop IL
V0gE RAHIQT TAT