The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-19
KNOCKS 1T OUT.
Attorney General Coleman says Raw
Inns Election Was Not Good.


Attorney General C. C. Coleman. in
an opinion given to County Attorney
d. O. Bye, of RawIins county, holds
that the bond election held January 16
in Rawlins county for the purpose of
voting bonds to build a new court
house to replace the one destroyed by
fire in December, was invalid, and will
have to be done over.
The amount of bonds voted was $780,
900, and the sentiment was strongly in
favor of the bonds. In some townships
not a single vote was cast against
them
Attorney General Coleman holds that
since the call for the bond election pro-
vided that the bonds were for the pur-
pose of purchasing a site, as well as
erecting the building, and the ballots
for the election said nothing about the
purchase Of the site, that the whole
election was fnvalidated. After quot
/ ing authorities at considerable length,
Mr.. Coleman says;
7 am therefore forced to the -eonclu-
sion that the inclusion of the express
[ sion purchasing a site in the order Of
the county commissioners and in the
public notice upon which the election
was held is SO important a departure
from the law as to inyalidate the cleo
ton; at least that it raises so serious
a question that would not be willing
to advise the purchase Of bonds based
upon the election so held
The county commissioners of RaWlins
county will at once call a new election,
and the bonds viii be revoted.
The question of the purchase of a
new site for the Rawlins county court
house at Atwood is one which has
stirred up much bitterness in that
county, and it was really this matter
which led to the action which invalida-
ted the election. The old court house,
which was destroyed by fire stood on
I ~ Of five oft 1r4c IN
der of the block is occupied by houses,
the owners of which could not be in
duced to sell at a fair price. But the
county commissioners wanted a whole
block for their new court house, and
there was a block just north of the old
! location of the court house which could
be bought for a reasonable sum. The
county commissioners therefore decided
| to include in their call for a bond
election the necessary authority for
buying a site. This stirred up so much
opposition that when the time came
for printing the ballots. the county
Z commissioners simply omitted any ref
/ erenee to the site proposition.
After the election was held, the
county commissioners simply went
/ ahead and purchased the vacant block
| of the money which had been received
! as insurance on the old court house.
! So the site question was settled, but it
| now appears from the decision Of the
attorney general lnaI IN their eIIOflS TO
! be foxy and outWit the people, the
I county commissioners invalidated the
election for voting the bonds for the
building itself
The new building will be of brick and
| stone, and viii be one of the handsom-
! est court houses in western Kansas. Tt
will be provided with fireproof vaults
1 for the county records, which is a
/ great Improvement on former court
/ houses IN that part of the state. The
! b11fIdi0a Itself will cost about $50 600
| and the money which was received as
| insurance on the old building will be
used in the purchase Of new furniture
and equipment