The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-09
SAYS He HAS FOUND OUT
City Attorney Dreaming Discovers
Some Light on Paving Problem.

THAT talk of obligating the city's i'm
provement fund in advance by paying
paving contractors a certain stated an
nuaI sum as payment for their con
tract can't be substantiated, says City
Attorney Dreaming.
Judge Schocn," he continued, claims
that it can be done but 1 don't see
how he can get around the statutes
It is clearly stated that the city can
not obiigate itself. I ran across this
today in an amendment to the city
charter act as passed in 1903. The
amendment was passed in 1905.
1.-The amendment is clear and con-
else and forbids the city absolutely
from entering into anything which IS
not specially authorized.
The section in question follows: THAT
no debt shall be contracted, obligation
incurred, tax or special assessment lev
led, charge upon property made, money
Erawn from the treasury or other act
done by any city officer under color OF
his office unless expressly authorized
by this act; and upon application to
any court of competent jurisdiction by
any person against whose property any
tax, or special assessment or burden Of
any kind may be levied or charged, or
whose property or rights may to any
extent be iniuriously affected by any
such Illegal act threatened or about to
be done by any city officer, an injunc-
ton shall be granted to enjoin the
mayor and council or any other city
officer from entering into any contract,
mourning any obligation or burden ere
ating any debt withdrawing any money
from the treasury, or doing any act or
thing in violation of or that is not eX-
pressly authorized by this act; and any
number of persons whose property or
rights may be charged or affected in
juriously by such threatened Illegal or
unauthorized act may join as parties to
in the application to obtain such in
junction"
What action the streets and walks
committee will take Friday evening is
a matter Of conjecture. It seems that
the majority believe that the committee
can do nothing. They cannot very well
recommend any pavement for the rea-
son that they are not informed what
pavement is in favor with the greatest
number of the property owners.
81 think said one prominent council
man. THAT the committee should rec
ornmend to the council that no action be
taken from the fact that they can do
nothing until they get a petition. Check
it up to the property owners; that
what I believe should be done.
'sThe bids were too high; well should
say so" said Fred Webster, agent for
the Kansas Bitulithic company "To
! particularize, I guess we will have to
| cut out Bradley's bid. He did not mean
/ that himself. III bet he forgot TO put
/ EnaI cneck III Ills DA0 vi R~A PSsS- 4 AeA
| there is that Chicago fellow, Conway,
| 81. 03 per square yard just for an asphalt
| topping az inches thick; he must think
that this town is made Of money. When
/ foreigners come here and attempt tc
put a burden like that on US 1t is high
/ time for US. the common people. to rise
Il in our might and have another mass
meeting. why just look at it for a min
ute. s1.O3 per square yard The most
eminent authorities on paving put the
| life Of bitulithic at from three to foul
times that Of asphalt and using la