The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
T0TRYlT ALLOvER
New Paving Petitions Will Be
Secured.
Committee Decides to Return
the Bids Unopened.
GET SOME HARD RAPS.
Alleged Combine Handled With
out Gloves by City Attorney.
4r. Webster Denies the Exis-
tence Of Trust.
GET SOME HARD RAPS.

New paving petitions for 1906 will be
asked by the city council this evening
upon the recommendation OF the ways
and means committee which met yes
terday and read the opinions Of Judge
Frank Doster. and F. G. Dreaming. city
attorney, both o. which asserted that
The petitions were Illegal because they
did not provide for Unrestricted com
petition.
The committee recommended form
ally that the bids to the contractors
be returned unopened and that new pc
titions for paving be required.
There were at least two members Of
the committee who were considerably
chagrined at the verdict Of the a+tor-
neys and who had been half way ex-
pecting a vindicatiOn Of their position.
But there was no lOoDhOle. The Opin-
ion of Judge Doster was clear cut and
plain, he stated hatfooted that the pc
titions In his estimation were illegal
and new ones would have 70 be pre-
pared.
The city attorney, though taking the
same stand was not so clear cut. He
wandered around. though he made a
severe arraignment of the curbing trust
so alleged.
He states clearly that an understand
ing with regard to the curbing exists
and that an outsider who is not
member Of the ring cannot come in
on the contracts.
Mr.. Drenning's Opinion.
In his opinion Mr.. Dreaming quotes a
contract which he claims was made
by the Bandera with one Of its agents
in Topeka. The contract is as follows:
The second party agrees to diligently
and to the best Of his ability push the
sale Of said stone in the city Of Topaz,
shall diligently seek out streets and
sections OF the city Of Topeka. desiring
paving and curling. place IN ctrcu!a-
tiCu and circulate therein petitions for
paving and curbing which shall state
therein Fort Scott sandstone to be
used for curbing material. Shall fur
nlsh the first party with copies Of all
petitions circulated, keep first party
advised as to the result thereof in the
meetings Of the council of Topeka and
the meetings Of their streets and walks
committee. shall attend all meetings of
said council and its streets and walks
committee in the interests Of said curb
fng. and shall give his entire time
from the date hereof until -- - and
such time during the life of this con-
tract as may be required TO the Gig
culating Of petitions for paving end
Icrt Scott sandstone curbing. and TO
the securing Of faVOra BILE action there
on before the council of Topeka abd
their streets and walks committee"
All the paving petitions now before
the council bear the earmarlSs Of hav
ing emanated from a common Source.
They were all written on the same type
writer The paragraphs. capitalization
and punctuation Ia all of them are idPn-
tical. And the claim that the people
on the streets to be paved demand this
particular kind of curbing VIII not be0r
the investigation in a court Of Justice
for a single minute.
Indeed. faVoritism and the restriction
Of competition is so apparently the pur-
pose Of these petitions, that the courts
win not hesitate to condemn as illegal
and void the whole proceeding.
Webster Denies 1t.
There isn't any contract like that ex-
listing today" said Fred Webster, the
local agent for the Fort Scott blue sand
stone. The contract which I have is
Simply a contract to sell the stone with
the understanding that am to receive
a certain commission. It's just on the
same basis as an agency for a certain
brand Of coal There never was q con-
tract like that for Bandera curling.
That contract must have been one
which Bob Kepley had back in the old
days with frm which has since gone
broke. I never had contract of that
kind and haven't one today. The Opin-
ION of Judge DOster shows that the
essential thiug on which the petitions
were knocked out was on the issue Of
brick. He states clearly enough that
81 wasn't the curbing but the brick in
which competition would have been
knocked out If all that was up was sim
ply the curbing. Doster makes that in
aAAeAtAa4A 10 Ailc Atla Ia ISSUE +lL lElLH nc
fellows that have been against me. how
ever, have been barking up agafnst the
curling tree ali the time and only
dragged In the brick on the side This
kind Of looks to me as If they had been
barking up the wrong tree.
"If they attempt to throw these petit
lions open with free competition to the
world without specifying more particu-
larly than simply vitrihed brick and
sandstone curling I don't know but
what we fellows may take a hand in
she law game ourselves and test the
legality Of the petitions"
Judge Doster's opinion in part fol-
lows.
have given much thought to the
question submitted. and have reached
the conclusion that the petition is in