The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-22
TEST THE TAX LAW.
Wyandotte Special Paving Provisions
Arc Called in Question.

Mandamus proceedings were com
menced in the supreme court Thurs
day afternoon against Mayor W. W.
Hose. of Kansas City, Kas., and all OF
the members of the Kansas City, kas.,
CITY council to compel them to at
once proceed to issue $31,749.75 in
Improvement bonds to pay the paving
contract of the Parker-Washingto
Paving company, for paving Seven
tenth street.
Chief Justice Johnston heard the
application for the alternative writ,
and granted it, making it returnabie
January 9.
The suit Is brought for the purpose
of testing the validity of the special
tax bill law, passed at the last session
of the legislature to enable Kansas
City to continue to do paving without
issuing any more bonds. Kansas CITY
is already bonded up to the muzzle,
and it was hoped that the tax bill
law would relieve the situation.
Under the tax bill law, the paving
contractor is paid for his work in tax
bills, bearing per cent. interest, and
payable a part each year, for ten
years. OF course the paving con-
tractor could not afford to hold the
tax bills ten years, and he would
have to get out and find purchaser
for them. The law specifically pro-
vides that the tax bills are not lien
upon the city, and that the city is in
no way IeSDOnSlDiG lOI their pay AltG1lt,
except that the city council shall each
year levy a special assessment on the
property involved sufficient to pay
off the installment of tax bills due that
year. By distinctly repudiating any
obligation for the tax bills the city is
enabled to go ahead and make spe-
cial improvements, such as paving
and sewers without running up its
! bonded debt. If the scheme works
well in Kansas City 1t win also be
/ 49, I. 80 -,
which are struggling along under a
| heavy bonded debt, and who desire to
continue the work Of improving the
/ town.
Under the general provisions of the
I law, the city must issue improvement
| bonds to pay for paving, and these
! paving bonds are lien not only upon
/ the property taxed for the paving, but
upon the city as well. If all the
! houses on the paved street are burned
up, and the property greatly depreci-
ated in value. so that the owners do
not pay the tax, the city IS obliged to
stand back of the bonds and make
| them good.
One city of Kansas went ahead and
/ let a contract to the Parker Washing
/ ton company, with the full under
! standing on both sides that the city
would undertake to pay for the work
in tax bills. But on December -
! the Parker washington company fled
/
/ that the council go ahead and issue
| improvement bonds to pay for the
work. The company stated that so
far as they were able to learn no pro-
visions were being made by the city
to get the money to pay them for their
4 labor, and they wanted the council to
get busy and show some signs of get
ting the cash.
In reply to this request the city
| council that same night passed a reso-
luton stating that the city would
rely wholly on the validity of the tax
/ bill law, and advised the paving con-
Germ to bring a test suit to find out
whether the law is good The city
agreed to do all in its power to expe-
dite the hearing of this suit. The re-
| suit was the filing of the mandamus
proceedings yesterday.
The contractors attack the law
passed by the last legislature on three
| different grounds. The contentious
are as follows:
1. That the law amends sections OF
the old law without repeating them
contrary to section Is, article ., of the
state constitution.
2. That the act is limited in its
effect to cities having a population OF
over $4,000, contrary 10 section l. ar
ticle u, of the constitution.
g. That the law is presumably of a
general nature. but does not have
uniform operation throughout all the
section IT, article 2, OF the constitu-
ton.
If the law is sustained. the con-
tractors will have to take their paw in
tax bills. IF it is not sustained. the
city must proceed to issue bonds to
pay for the paving.
NAV COAFT7 10