The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-20
THEY WILL WAIT.
Paving Bids We're Not Opened
Last Night.
Fear That Too Much Has Been
Asked For.
MUST RAISE THE LEVY.
This May Be Necessary if All Is
Allowed.
Special Committee Will Report
on the Question.
Must RAISE THE LEVY.


ing and the council refused to take
action for two reasons, first, that a
legal question was involved as to
whether the paving petitions were
drawn up to permit competition as the
law specifies. and. second. because the
tax levy for the coming year would
have to be raised il all the paving
would be let as contemplated.
The bids and the threshing out Of
the two issues involved were referred
to the ways and means committee to-
gether with Councilmen Nipps and
Swendson. They viii report to the
council Friday evening.
Notwithstanding that the contractors
had furnished legal opinions galore for
the occasion the council refused to be
steered by it. and decided to walk
along without the crutches which were
offered to help pass the muddy places.
Judge J. s. West. c. F. Spencer and
David Overmyer were present and
gave expression of their opinion upon
the legality of the paving petitions. Mr..
Overmyer claimed that he had not
looked into the question far enough to
give his final opinion but advised de-
lay Judge West gave a written opin-
ion upon the phase of the curbing in
the petitions. West declared that the
specifying Of Fort Scott blue sand
stone is in no way Illegal. That as far
as he understood it there was sufficient
competition in the Fort Scott blue
sandstone to insure that it fully met
the lines laid down in the law. The
belief seemed to exist with a numb
of members of the council that com
bine existed on the Fort Scott blue
sandstone which virtually shut out
competition. Both c. F. Spencer and
J. S. West cOntended that the petitions
{ Tbrcsr af77,o- r4f+ ct
tOrney. has taken the other stand and
claims that the petitions will have to
be drawn up anew. The first move
ment to return the bids to a commit
tee OF the council was made on the
part of Councilman Green. Remon-
strances against the Thirteenth street
paving filed with the council by Geo.
NJ Hammel and sixty other property
owners and John v Abrahams repre-
senting Bethany college which objected
to paving Western avenue from West
Eighth avenue to West Tenth avenue
served Mr.. Green for his request that
the bids be net opened and considered.
The Thirteenth street property own
ers were represented by their attorney,
F. G. Slater, who stated that III out
of a total of PIG property owners were
represented on the petition against the
pavement.
Both petitioners, represented by
their attorneys, threatened suit If the
city persisted in its attempts to rush the
pavements on their streets through.
7 object to the opening of these bids
at this time" said Mr.. Green. It don't
want to see the city involved in a law
suit, and I believe we should refer the
matter to the judiciary committee
where these circumstances are re-
ferred- We will delay matters only a
little and have chance to see where
we are at"
s. S. Swendson wanted tn e bids open
ed and plugged away for immediate
ffNG fffnnn
prepared in the regular way" said he
In the way which has been followed
for years. We passed on all this and
decided that 80 blocks would be about
right and now at this late date we try
to go back on what we have done and
undo it all. I don't think it is right .
I think that the council should go
very slowly in any matter which tends
to raise the tax. I think we should
mold this pavement in allegiance for a
while. If we let all this paving we
viii have to raise the levy from So. IS
to S. said Mr.. Green.
Z don't think we should do so much
paving. I endorse Mr.. Green's stand -
said Mr.. Howe, chairman of the ways
and means committee
But Councilman SwendsOn persisted.
Everything, said he. has been done
in accordance with precedent This has
/ all been canyassed in advance. The
committee on streets and walks were
instructed to hold the pavement to
about 80 blocks and we did it. I don't
see why this effort should be made at
this time to cut down the pavement,
now that it has gone so far. It's not
the right time or place"
Lets hear what these lawyers have
/ to say" suggested one Of the council
men. The hOodgates were turned loose.
The contractors were considerably fur
ried at the agitation and were all rep
! resented, personally and by their at
torneTs.
Judge West read his opinion out
lined in the above.
Then G. r. Spencer said. This whole
thing is the biggest bluff ever pre-
sented to the council. There is moth
action taken by the council in these
last paving petitions or those passed
years before. I don't hear of any COM
plant over the cost Of paving in To-
pela. 7 venture to say that there is
1 not another town in the United States
which gets its paving so cheap. There
/ is no particle of danger of the supreme
/ court going back on a proposition Of
/ that kind-that is, where Shawnee
county brick Is specified and two COM
4 panies exist, as they do now here in
/ the county which are in the keenest
/ competition"
What is your definition of fair COM
4 petition inquired Councilman Green
/ of Mr.. Spencer.
Competition may be fair and yet
be restricted" replied Mr.. Spencer.
Mr.. Howe then proposed that the
paving be held to $50 COO instead of the
S95, coo, and that the paving petitions
be considered in line of their filing
with the council until the amount Of
$50. 600 had been used up. This motion
! was lost.
For Special Committee.
Councilman Nipps then moved that
! a special committee of five be appoint
/ ed to take over the paving petitions
and bids. This also was lost. Ayes
/ Councilmen Simms. Griley, Holiday
/ Nfpps and Horn Eoes-Councilmen
Green, Rice. Howe. Sinner and Swend-
son
LAS general proposition I an
against any paving against which there
is general remonstrance. said Coun-
/ Gilman Nipps. IF we have overstep-
i nd a11.-saI.-as- in he III Of aEnancl.