The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
INVOKE The LAW.
Bergugjlthal May Be Forced to
Name Appraisers.
Twelfth Street Paving ContrO-
Yersy May Get into Court.
TEN VOTES CTATMED
TEN VOTES CLAIMED.
Council Expected to Pass Ordi-
nance Over Veto.
Investments Depend Upon I'M
proYement of the Street.


thority that in case Mayor Bergund-
thai attempts to delay the construction
of the proposed West Twelfth street
pavement by falling or refusing to ap-
point appraisers, an action in manda-
mus or some other legal proceedings
will be commenced to compel him to
make the appointments.
| Already the mayor has let one meet
ing of the council go past without ap-
pointing the appraisers for the Twelfth
street pavement,and it seems altogeto-
er probable that he will continue to
postpone action until so late in the
summer that the contracts can not be
let and the bonds issued in time to
have the pavement laid this year.
When asked today what he proposed
to do, Mayor BergundtnaI said:
Il will not appoint these appraisers
unless have to. If am compelled to
make the appointment. I will
/ The law says that the appraisers for
property on a street to be paved shall
be appointed by the mayor and con
firmed by the council. Until the ap-
praisers are so appointed. the progress
Of the paving is blocked. This is ex-
actly the condition of things at this
time. The council has passed the paw
/ ing resolution, and the mayor has
blocked the wheels of further progress
| by failing to appoint the appraisers.
| West Twelfth street people have no
1 lack of legal talent to make a fight on
Mayor BergundthaI for the purpose of
forcing him to make the appointments.
! Both J. w. Gleed and A. A. Hurd are
interested in having the pavement laid
and would probably act as counsel for
the West Twelfth street people. Mayor
Bergundthal has already consulted
with City Attorney Spencer about his
a
while ne might not make q very stub
born fight, he would try to delay the
proceedings as much as Toss Die.
Claim Ten Votes
/ Even if the mayor should appoint
/ appraisers, he would stiH have the
fright to veto the paving contract when
/ it comes before him, and the council
would have to pass it over his veto by
4 a ASvote. This means that council
men would have to vote against the
When the paving resolution for
/ West Twelfth was passed it secured
only eight votes Four councilmen
were opposed to the paving then. If
to pass the contract over the mayors
But the impression seems pretty
we'll grounded that one or more of
| these councilmen will flop when the
time comes. A well known contractor
said today;
If it becomes necessary TO pass TINS
paving over the mayors veto, we will
! have not nine votes, but ten. 1t is a
sure thing The mayor knows how
the thing stands, and that is the rea-
son he is making his fight on the ap-
/ pointment of appraisers. If 1t ever
gets into the hands of appraisers, the
| pavement will be laid"
This contractor stated that when
the mayor says that the city has al
| ready let as many paving. contracts
as can be taken care of this summer
without delay, he is mistaken.
1.-The delay is always in getting
BRICK said this contractor. ''Well.
this year, the Capital City brick plant
will have its work cleaned up by the
end of June, and the Ernest plant
by the end of July. There will not be
completing the pavement, unless there
is some entirely unforeseen accident" 4"
Will Improve Bennett Flats.
The reason J. William GIeed is so
anxious to have the pavement laid is
that he has recently purchased the
Bennett flats, and wants to make ex-
tensive improvements upon them. He
said today:
IT have plans drawn for building a
third story on this building, putting
in furnace heat, and equipping each
suite with bath. But all these i'm
provements depend entirely on the
question of paving. Unless West
Twelfth is paved, I do not care to go
to the expense of these improvements.
Before the car tracks were put on
West Twelfth, the street was good
one. Now we have two tracks there,
and the grading is such that it is ut
terly impossible for the water to drain
off. The result is that we have the
worst mudhole in town along there.
Since the street railway has double
tracks there, it would have to pay the
big end of the expense of paving. The
petition for the pavement is unani-
nous. Nobody is objecting.
IT can hardly believe that the
mayor would attempt to resort to any
unwarranted failure to obey the law
for the purpose of defeating this pave
ment. The law contemplates that the
appraisers should be appointed, and il
is resorting to questionable methods
to fail to obey the law"