The Topeka state journal., 1905-12-30
they ARE OURS.
City Council Extends the Topeka
Town Limits.
Heery and Norton Additions In
Guided by Ordinance.
AT WAR WITH OAKLAND
Sister Municipality Also Wants
the Territory.
Had Taken It But Was EnjOined
by District Court.
II WAR WITH OAKLAND

The city council last night passed an
ordinance taking in Norton and Heery's
additions, and also passed an ordinance
simply taking in Heery's addition. It is
now war between the little municipal
ity Of Oakland and the city of Topeka.
Oakland will this evening publish in
the official city paper of that town
similar ordinance taking In the. same
territory into the city of Oakland. A
legal fight viii then Re precfpitated to
determine which city is the rightful
owner of the two additions. It is ex-
pected that the argument will be made
before the supreme court within the
next two days.
The city council in order to take ad-
vantage of every position which it
might assume outdid Itself in Aachiavel-
Ian tactics. They hlibustered, went in
to prolix argument over minor matters,
dug up every bit of pending business
which could be dragged forth in order
to weary out D. H. Brannaman, the city
attorney of Oakland, who was present.
By adopting dilatory tactics the mem
bers of the council trusted that the city
attorney of Oakland might be induced
to go home and then in his absence they
would pass the two ordinances with
rush. The council feared that injunc-
tion proceedings might be resorted to
even late in the evening and this was
what inspired their desire to become rid
OF Mr. Brannaman. But the latter hung
on like a leech. Giving up in despair,
after an executive session had been held
to outline the plan of campaign, and
numerous committee meetings to the
same end, the council reassembled and
passed the two ordinances the last thing
in the evening. The city attorney for
Oakland was still there.
In order to secure the advantage
which would attend a prior publishing
Of the ordinance by the Topeka city,
council the two ordinances were pub
lished in the morning paper, though
the State Journal is the official city pa
per. This would give the advantage OF
about twelve hours over Oakland which
will publish the ordinance this evening.
It will make impossible any attempt
to enjoin Topeka from publishing the
two ordicsnces.
With an eye to the future the coun-
ell decided that it was wiser TO pass
two ordinances. taking in both aG6i
tions in ths one and but one in the h
err fearing that N the event of a losing
fight on TIE orc sn+ nee taking in the two
additions they nigl1t- still fail back CT.
the ordinance which takes in but the
one, Heery's addition.
Il think that the city council of To-
peka has made a big mistake" said d.
n. 6IduUdnldn TINS A4lOA AitA5 AAi1
action will stir up the feeling Of Oak
land worse than ever. I was pretty Well
posted as to what they we're doing there
last night. It didn't foos me. don
know yet what will do
A number of the interested property
owners in the disputed territory were
present at the council meeting last
evening. In presenting his side of the
case to the council last night Mr.. Bran
naman the city attorney for Oakland,
said
.7The city of Oakland on the eth of
October took in this exact territory and
before they could publish the ordinance
a restraining order was issued by the
district court against publishing it and
Yesterday the court passed upon 1t ana
removed the restraining order. 1t leaves /
it in this position that the ordinance
has not yet been published and there
has nothing been done yet. If this coun-
ell should take in this same territory
it will cOmplicate matters very mueh. |
If published by the city council of To-
peka both cities will publish the ordin-
ance tomorrow. Now then it will COM
pIicate matters greatly, for instance, II
YOU should levy taxes down there on
Norton and Heery's and Oakland should |
levy because it is part of Oakland.
I would have restrained the city Of /
T0Deka and the council from taking in I
the district court that it might be well |
to explain this matter to the council
here tonight as they would not care 10
complicate matters in that way.
Mr. Clements, who is attorney for
some of these people is going to appeal
and it will be determined by the su
preme court. The whole matter can be
determined in two weeks and I think !
it would be well to refrain from any
action until that time. I think it is pos
sibIe that the city of Oakland viii not
publish their ordinance but if the city of !
Topeka does why Oakland will of
course"
Councilman Nipps: ''I think we ought
to pass the ordinance, as far as publish
ing it we can let that go. If we don't
take some action we may be left in
the council"
George Pollinger, one of the resident
property owners in the HeeTy and Nor
ton additions, was called on. He said
Every man in our district would rather
come to Topeka. Without notifying US,
-m-