The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-10-26
he CAN GET them.
Fred Webster Says Paving
Petitions Are Easy.
Has Favorable Assurance From
Property Owners.
THIS FOR ONE BLOCK.
Thinks That Others on Kansas
Avenue May Be Harder.
Capital City Company Will Put
Down Sample Pavement.


can secure one for the repaving Of Kan
sas avenue between Fifth and Sixth
streets, he says, and has the assurance
Of a majority of the property owners
to that effect and he feels that he can
secuve a further petition for the resur-
facing Of Kansas avenue between Sixth
and Seventh. D. Shelton is at present
circulating a petition in the interests of
John Bradley, thep aving contractor,
who proposes to repave with California
asphalt.
A petition viii not result in accom-
plishing any Roadway is the opinion of
&r. Webster. He believes, and he ought
to know after having spent the past
several months in finding out, that a
petition would run full tilt into a law
suit the very first thing after its pre-
sentation to the council. The lawsuit
would be brought by owners of Kansas
avenue property who believe that the
city at large should pay for the repay
Ing and that the expense should come
out Of the general Improvement fund.
Such a suit would take longer and be
more bitterly fought than friendly
test suit arranged for in advance says
Webster. ''Of what use would be a pc
tition,' said Webster. CAS- soon as you
had il some one would rise up and
bring a suit against constituting it as
new paving and that it should come in
as repairs. Suppose for instance that
the city should enter into a friendly
suit to determine whether the repay
ing should be considered repairs or new
paving and the court should hand a de-
cision that it was repairs. Where would
You be? You haven't settled the point
whether the repaVing could be paid out
Of fthe general improvement fund by
obligating the fund in advance for sew
eral years and making annual pay
ments.
"It would take another suit to settle
that and by that time you would be
in the middle of the summer and it
would be too late to complete your
paving before the winter months The
time to settle this is before the spring
sets in and the way to settle it is in one
suit.
BY going ahead under the assump-
ton that it is a matter of repairs and
agreeing to obligate the general inn
proVement fund in advance by paying
off the amount of the paving contract
i'm ten annual instaIlments the council
can have this whole matter settled in
one law suit. One suit in the supreme
court will decide if it is repairs or new
paving If II IS new paving then that's
all there is to it. IF it, is repairs the
court Will also decide at once whether
the general Improvement fund can be
obligated in advance.
'That is the short cut as it appears
to me in the whole matter. I have
gone up and down among these men, I
information I have secured, and I
know what I say when 1 say that a
petition to pave would not get far
enough along to do anything before it
would run into a law suit. There are
some of these property owners who
are willing to pave if the supreme court
says it is uD to them and there are
others who won't agree to even pave
after the court fixes the responsibility
for the cost 1t seems to me that it
would be better and more quickly set
lied if it is tried by a friendly law suit
than if it is left to a suit brought by
an individual. I believe that there are
enough property owners. I feel assured
Of it, who would agree to repave as
soon rs they learn what the supreme
court decides as the result of a friendly
law suit.
There is considerable objection
know on the part of the property own
ers off from Kansas avenue to consid-
er any plan by which the city as
whole is taxed to pay for repaving that
street
But by paying for repaving KAN
sas avenue out Of the general improve
ment fund in ten yearly installments
you would be simply letting the proper
~ oWners on Kansas avenue pave for
their own pavement Kansas avenue
property pays in about $4,000 q year into
the Improvement fund and the annual
payments from the Improvement fund
for resurfacing could be made to cor
respond to that amount.
"A number of the couneiIuen have
been thinking favorably of the idea Of
bringing this friendly test suit and the
mayor has been reconciIed far enough
TO the idea to take it under considera-
tion today. He would never touch If
previously. If they want petition 7
can get one in a very short while but
what is the use of a petition as have
stated. 1t would not accomplish a head
way as quickly as the other method
T14. ,se- -
liable at any moment to have a suit
tying up this matter for year or two
With these petitions circulating around
there will certainly be some one who
viii bring suit against the city OBJ
serving the petition and repaving."
The Capital iCty Vitrified Brick com
pany viii put down a sample piece of
pavement at the intersection of Sixth
ana Kansas avenues. The pavement
viii run between the car tracks and the
curbing on the west side and will ex-
tend from the street crossing on Kan
sas avenue to the stone paving on West
Sixth avenue
The pavement will be put down with
the new paving brick which is now be-
ing manufactured, and viii be given an
asphalt filler.
81 don't believe that the Kansas
avenue property owners are acting
wisely If they insist to paw for This
repaVlng out of the general improve
menE Iund, said City Engineer. Nc
Cabe- 1T strikes me that it viii cost
them great deal more in the end if
Ihey adopt such a course than IL thew
paid for it outright. Here is ali this
other repaying on Sixth and these 9th
er streets which viii have to be done
soon II they take this stand which is
proposed they viii have to bear their
share IN helping pay for repavine ia
these streets. This in the end will
mean that they are paying out more
money under the general improvement
fund plan than if they had paid for
their own pavement solely by them
selves.
James D. Strain. in charge Of the
Inunlelpal asphalt plant at Allegheny
Pa, states that a plant the size need
ed in Topeka should not cost more
than $4,000 He states that they laid
their pavements there at cost OF IS g
cents and succeeded ia saving in the
6rst year $6,480 or enough to pav foI