The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-08-17
Won't Stand for Assessment By
Drainage Board.
WILL ATTACK THE LAW
They Claim That 1t Is Not
Constitutional.
Councilman Sinner Talks Bit
terly About "Kickers. I"

The constitutionality Of the law pass
ed by the last legislature providing for
the creation of drainage boards will be
attacked by the South Topeka Anti
Graft association, which has engaged
David Overmyer, as attorney, to night
the matter in the courts and set aside
If possible the special assessment levied
on the property in the South Topeka
drainage district.
The district was created for building
dikes along the shunganunga creek
through South Topeka and the straight
ening of the creek channel. The as
sociation is organized from property
owners opposed to the creation Of a
drainage board There has been consid-
erable opposition all along to the efforts
to make this part of the city into
special benefit district. A bond issue
Of SIC, 600 which the drainage board pro-
posed TO make for defraying the cost Of
the contemplated improvements was de-
feated by a special election called for
that purpose and now the per cent as
sessment of the assessed valuation OF
the property which the drainage board
has filed with the county clerk is OPP
posed.
The creek channel has partially been
Strengthened. a cut was made from
Kansas avenue to Van Buren street. a
distance of two blocks. The drainage
district IN question extends from Seven
teenth street on the north to Twenty
first street on the south and is bounded
on the east by the Santa F'e right Of
way and on the west by Topeka avenue.
IT'S simply a graft; that's ALL said
DR. H W. ROby, who is one of the
property owners opposing the action Of
the drainage board That law is GER
tainly unconstitutional. We have hired
Mr.. Overmyer and instructed him to
join with those who are fighting the ac-
ton of the drainage board in Wyandotte
county. The New England Trust COM
pany of Kansas City has attacked the
. cons Gtutionality Of the law and we are
going TO Join with them. Never waz
law passed whfcn gave so many powers
to small body OF men, Why they can
do anything they have mind to. They
can connscate our property N order 70
pay for the improvements they orders
they can vote to pay themselves 50
day as long as they care to continue to
keep the board IN existence ana hire en-
gineers and carry out what work they
may consider necessary. They have
levied an assessment on the property
across the creek that is on the high
ground This is contrary to the law for
it provides for only that property which
is subject to overflow can be assessed
''Dr. Roby is a chronic kicker" was
the retort courteous which J. c. Shl-
mer a member of the drainage board.
handed to Roby.
He fought the bonds and got them
defeated He managed to persuade
some ignorant people over there IN
Keith's addition that the bonds should
not be voted and they didn't carry
That's the same kind Of dodge he is try
ing now. DR.. Roby would object to
anything. The people are for these I'M
provements and they want them. oeA-
eral Of them have paid in several hun
dred dollars in advance. That shows
how they feel about it. The assess
rnent on the south of the CT eek is IL
the property, down here it is 3 per cent.
while on the north boundary OF tbs
benefit district it is 2 per cent. It
amounts to about 81, 500 altogether. Not
very much. But that doesn't make my
difference to Dr. Roby. he would object
no matter how small il would be-
1.-THE county has paid in $500 and the
city $3.50 toward these improvements
which cost something over $1,000. The
change in channel cost almost that and
we will have to cut it deeper because
it Is not quite deep enough There waE
some other work done and some still
to be done"
The drainage board consists Of tha
following men: ". ". Fisher, Thomas
Hurley. J. c. Sinner, Oscar Darlow ana
W. L Osborne.
The Anti-Graft association VIII hold a
meeing Saturday evening at the resi-
dence of I. P. Elder at 433 East Seven
teenth street, to take up business IN
connection with the fight they are wag-
ing.