The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-29
ty Councilmen Violate New
Charter Law.
Must Receive No Personal Beme-
fit From Acts.
SUBJECT TO REMOVAL
Law Applies to Elective and APP
pOintive Officers.
City Attorney Dreaming Directs
Attention to Mr.. Holiday.

Is there a chance for a reform?
Has the city charter act passed in
1903 been violated by the city coun~
ell? 1t looks that way. It IS stated
that section SO of chapter 1872 of the
Eessicn laws of 1903 which makes it
unlawful for any elective or appointiVe
officer or servant of the city to be a
party to or pecuniarily interested, in
any contract job or piece Of work
which may be let by the city, has been
not as strictly observed by the city Of
Gcials as it should and that a decided
change in the way of conducting the
city's business in this particular will
have to be made. Councilmen who are
interested in gas franchises will have
60 forego the pleasure OF voting for
them when it is passed upon. The
contract between former City Attorney
Shas. Spencer and the city for the
compilation Of the city's ordinances for
which the former was to be paid $500
must according 70 the statutes pc
nglI and void. If the law is to be
strictly obBerWed none of the council
men who are in business in the city
contract for supplies for the city. Yet
small contracts have been awarded to
one OF two Of the cOunctlmen during
Che last several months.
The hsW follows in detail: cit
shall be unlawful for any elective or
RppotuttYe officer or servant of the
city TO be a party to- or pecuniarily
interested &ns any contract job or piece
OF work which may be let by the city,
and any such contract shall be alb
soIutelY null and void; and in case any
money shall have been paid out on
any such contract, it shall be the duty
G4 the city attorney to sue for and re-
cover the amount so paid out from
NNgA safAfae eqT1Nh contra ct and from
sh6 Office or servant of the city Pc
Glhiarlly Interested in the same. No
officer or servant OF the city, While
holding such position shall sell any
commodity or service OF any kind or
character to such city. If any Of
dcer while In Office shall become Pc
cuniartly interested, directly or indI-
TectIy. in any contract or agreement in
which the city shall be interested, or
in any question submitted, or proceed
4ngs upon which such officer may be
called upon to vote or act ofncially,
with intent to gain directly or indi-
rectly, pecuniarily, any benefit. profit,
or pecuniary advantage, he shall be
removed from Office, and on conviction
shall be deemed guilty OF q mis-
demeanor and be punished by fine
not exceeding $500 or imprisonment
not exceeding one year, or both such
dne and imprisonment"
while I want to give every encour-
agement to the promotion Of natural
L !
It is right for any of the city's officers
or councilmen to take a part in the
vote when they are interested in the
promotion" said City Attorney Dren-
ming this morning. I don't believe, %
ne continued, that it Is right for Mr.
Holiday as a member of the council
and an interested member of this nat
uraI gas franchise of the Excelsior
Coke and Gas company to have a vote
on the matter when It comes up.
THE law expressly provides that no
city official or employee shall have an
interest in any contract or job which
the city IS to let and it seems TO me
high time that the city council of To-
Delza should become aware that such a
law exists. Mr.. Holiday as a member
of the streets and walks committee
should not have the right to act when
this ordinance comes up for passage
simply because he represents the Ex-
celsioF Coke and Gas company and is
primarily interested. Furthermore
don't think that the city council had
any right to grant a $500 contract to
ChaR Spencer for a compilation of the
qity's ordinances from the fact that he
was a. city employe at the time and the
law IS very clear IN it's statements con-
corning contracts entered into by a city
empioye with reference to city work I
think that the city council should call
for a strict enforcement of this law and
3 for my part am ready to see that it
ls enforced"