The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-31
City Attorney Drenning Has
His Little Injunction Ready.
But Mayor Davis Hasn't At
tempted to Sign Vouchers.
SAYS HE WILL NOT.
Must Contract for Concerts,
Says Drenning.
Great Musical Organization in
Strengthened Circumstances.

With January 1st, six hundred dol
lars falls due to MarshaH's band from
the city under an. ordinance passed by
the council agreeing to make monthly
appropriations of 500 commencing with
July LIST for period of six months.
But the money will never be paid
that is, not unless a contract is signed
by the band to furnish in return a
stated number of concerts at a fixed
price.
The vouchers lie unsigned with the
city clerk-the mayor refuses to sign
them.
The city attorney states that if the
mayor does attempt to attach his sig
nature he will Bring injunction pro-
ceedings against him. The papers lie
in his desk already prepared with the
O. K Of Attorney General Coleman
upon them. They have been in the desk
for a couple of months ready to be used
in an emergency. The city attorney
claims that an appropriation without a
contract is clearly without the pale of
the law and that 1t simply partakes of
a donatiOn-that the council has no
right whatever. to make donutions.
Marshalrs band is in a Straightened
financial scondition-its- ieDts have been
paid but there's no More money in the
treasury to meet future obligations
that may be incurred The 5000 would
come like a gift of mama
It's dead" said the mayor with
this morning concerning the appropri-
alton. mo, I haven't signed them and
L suppose 1 won't. But you don't need
to stir things up
mo. 1 guess the mayor won't sign
those vouchers said the city attorney.
Guess why Because / would bring
injunction proceedings to keep him from
l.. 1 have got the papers right here in
my desk. I have had them Tor cou-
pie OF months but 1 didn't want to say
INK al q V11
got the o. K. Of the attorney general
on them too. 1 have spent lot OF
time looking up the law in this matter
and / can't find anything which would
support the action of the council In
giving this money to the band. There
Is plenty of law on the subject In
New York decisions have been handed
down covering points of a similar ma
ture and it was held that money could
not be appropriated out of hand that
way It is my opinion that If the coun-
ell desires to give this money to the
band 1t must be done under a contract
with the band for a stated number of
concerts at a reasonable figure. The
concerts too must be given / should
like to see the council mak@ an appro-
priation when it is Needed but it should
never be permitted to make a donation
for all that you cain cas1t tits a dona-
ton. Why. my goodness, if we were to
give donations in this manner every
body could come up to the council and
work. it for something.
THE attorney general has expressed
his opinion on the matter and lends his
endorsement to injunction proceedings
If it is necessary togo to that length.
The law inself may be valid but I
consider it a rather dangerous piece of
legislation. I am not saying anything
against the validitysof the law under
stand but no council can simply vote
money away without a contract to
show for it--that is not as long as /
occupy the city attorneys chair.
Il presume the way Marshall's
would go at it to collect the money
from the city would be to start man
damus proceedings but the instant
that was done 1 would file an inJunc-
ton. / rather guess the mayor would
obey the injunction-at least I take it