The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-02
Lincoln Street Property Owners
Oppose Paving.
Say They VIII Take Controversy
to the Courts.
EXPENSE is TOO GREAT
Residents Say That Taxes Are
BurdensOme.
Right of Executive Council to
Sign a Petition Questioned.

Before a brick pavement is laid on
Lincoln street from Eighth avenue to
Tenth avenue it viii have to surmount
the obstacle Of a bitterly contested law
suit.
3. r. Lyle, who has recently pur-
chased Investment addition lying be
tween Eighth avenue and Tenth avenue
and Lincoln street to West street has
been promoting the paving of a num-
Der of the streets which surround his
tract of ground. included in this lot is
that OF Lincoln street. A number Of
additional property owners residing on
Lincoln street have added their names
together with Lyle to the petition. 9th
er large owners OF real estate on the
same street, Mrs Lucia O. Case, John
c. Harmon, John v. Abrahams and c.
SV-Merrlam, appeared before the streets
and walks committee Of the council last
evening to demonstrate against the Pc
tition- Excessive taxation due to the
construction Of the new Sixth ward
sewer, the formation of a park benefit
district and other improvements is the
objection which these property owners
have to the paving Of Lincoln street at
this time.
I'VE don't think that the pavement
Is needed at this time said Mrs. Case.
There are but five houses fronting on
Nhe TWO blocks and but two horses
owned among the residents there I
cant see why there is any particular
need OF pavement at this time. If
mere was q need I wouldn't stand in
the way of it. I think we should wait
until the houses are built before we
pave"
Councilman s. A. swendson. chair
man of the streets and walks commit
zee, t94a tne property owners present
tnat the petition had sufficient number
~ 946Il 5s OF property owners to
make IT valid petion and that the
committee was bound to approve the
passage of it.
When this statement was made by the
chairman of the committee John f
Abrahans flashed out a statementto the
erect that not sufficient property was
represented in the signatures to the petit
Ilon and cast question upon the worth
of the state executive cOuncjPs sigma
ture which signed up in behalf of the
state, the governors residence property
abutting on Lincoln street. In his opin-
ion 1t would take a special act of the
legislature to make good tie signature
of the executive council. With this
property of the state out, the petition in
favor Of paving would not contain a
sufficient amount of residential property
owners signatures. Further, q question
is thrown on whether the state of kan
sas is resident of Topeka.
In paving Buchanan street the city
went under the assumption that the.
signature Of the executive council of
the state was all right, this because of
no palpable objection to the paving
Former City Attorney Spencer who was
present stated that the action was taken
at that time because there seemed to be
no INDIGESTION that any objection would
arise though he doubted whether it
would have ever stood the test of the
courts.
on motion the matter was referred
10 the city attorney and the action on
the petition will be deferred until the
opinion of the city attorney is delivered.
The following additional paving petit
tions were acted upon favOrably: Clay
street from Tenth avenue to Thirteenth
street; Jefferson street from Sixth ave
nue. to Eighth avenue; Lincoln street
from Seventh street to Eighth avenue
and West Eighth avenue from Lincoln
street to West