The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-01
WHO PAYS BILLS?
Friendly Suit to Settle Kansas
Avenue Paving Dispute.
Heeting This Afternoon to Dis
euss Legal Questions.

In order to bring light out of the chaos
which exists over the repaving Of Kan
sas avenue the city will attempt to set
tie the legal points involved by engag-
ing in a friendly law suit. To consider
the preliminary details of bringing
about this law suit is the business
which win be outlined for the members
Of the streets and walks committee of
the city council at a meeting of that
body this afternoon at 2:30 o'clock.
The city wants to settle the question
whether the resurfacing of Kansas ave
nue. is repairs or whether it is new
paving. If it is the former the city at
large must pay for the repaving. if it is
the latter the money viii have to be
put up by the Kansas avenue property
owners.
s~rbe question. came up in Seattle and
vas decided by the supreme court OF
Washington that resurfacing is new
paving and Z should think that would
nave some bearing on our case, said
the mayor this morning.
Six blocks o. pavement have been
put down in Kansas City, Kansas, by
the city uDon the assumption that it
was new paving. The Improvement has
been charged I'D against the abutting
property. City Engineer McCabe was
sent down on a trip Of investigation by
Mayor w H. Davis. The city engineer
has found that Kansas City in calling
the resurfacing of some of the streets
xepaving, has met with a number of
suits from property owners The prop
erty owners object to being assessed
for the fun amount of the cost Of re
suffacing on the theory that 1t is new
paving. They contend that it is repairs
and that the cost Of the pavement
should be paid out Of the general I'M
prnVement fund and borne by the city
at large. The paving is down but the
law suits have been filed and the tax
assessments are being held subject to an
Injunction. The contractors have re-
ceived all Of their money and the whole
matter is IN a tangle which it will take
some time to unravel
The city engineer is afraid that To
Deka viii be confronted by similar
suit from the property owners on Kan
gas avenue if an attempt is made to
petition. The mayor believes that the
city can forestan these by entering into
q friendly law suit, using as the basis
Of the suit the question whether the
general Improvement fund can be Obh-
gated in advance to paving contractors
by paying for the cost Of paving in an
nual installments and assuming that It
is repairs. BY taking this assumption
the questions whether resurface is re-
pairs and the obligation of the improve
ment fund In advance will be settled
by one decision of the supreme court.
The Warren Brothers Bitulithic COM
pany, represented by Fred Webster,
their agent, is responsible for this Ia eter
suggestion which seems to meet with
favor Monroe & SchOch, the attorneys
for Webster and the paving company
are to be interested in the friendly suit.
Whether the other paving contractors
will care to take a hand in the propos-
ed law suit is open to question If they
remain out and the city council agrees
to go ahead on the. scheme proposed it
viii practically give the entry to the
bitulithic pavement over all Corners on
the contract. The Bitulfthic company
are willing to accept payment on their
paving contract in annual Install
nents Of about 50 0O0- the Improvement
fund being obligated for that amount
each year. The other contractors have
not signifed what their stand on this
would be. About six bids are expected
to be entered Monday evening at the
council meeuing The bids WIN ~ dis
tributed between two brick bids, one
bitulithic, one rock asphalt, one Cali
fornia and one Bermudez asphalt.