The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-28
PAVING NOTLEGAL
Judge Doster's Opinion Is Re-
ceived Today.
Holds That All the Petitions
Are Invalid.
MEANS A LONG DELAY.
All the Names Must Again Be
Secured.
Bids Will Probably Be Declared
OFF.
leans A LONG DELAY.


According to the opinion of Frank
Doster, which has been placed in the
hands Of Mayor Davis for presentation
to the ways and means committee of
the city council this afternoon, all of
the paving petitions which have been
acted upon by the city council this
year, covering 80 blocks, are invalid.
If any paving is to be done in Topeka
this year, it Will be necessary for new
petitions to be circulated, new ordi-
nances passed and new bids secured.
This will cause a material delay in the
work of the paving contractors this
summer. and will mean that the city
is out a considerable sum of money for
the publication of ordinances, etc.
Judge Doster holds in his opinion, it
is understood, that the recent decision
of the supreme court declaring invalid
a Kansas City, Kansas, paving contract
for the reason that It specified a certain
kind Of brick. applies to Topeka paving
contracts. The Topeka paving petitions
all specified Shawnee county brick and
Fort Scott blue sandstone curbing.
When the specifications for the pave
ment were drawn, and the advertise
ment for bids published, this feature
was eliminated, ard 1t was thought
that this would cure the defect Of the
petitions, but Judge Doster holds con-
trary to this. He says that the petit
tions govern the case.
The decision of Judge Doster will
doubtless govern the action of the coun-
Gil. No effort Will be made to carry the
present paving proceedings further, or
issue bonds, which would probably find
no market. The decision sustains the
opinion which was advanced some time
ago by City Attorney Drenning, though
Drenning's submitted written opinion
is a little inclined to wobble on the
main issue, il is understood.
There is no question but Judge Dos
ter's opinion will be accepted as final
by both parties, the city council on one
hand and the paving contractors on the
other. In fact, before Judge DOSter
was engaged and his name mentioned,
the contractors stated that they would
ask nothing better than to have his
opinion. They further stated that they
would abide by his opinion and be sat
isfed with it whatever it might be.
With the paving placed in such a
square position the only thing that the
council viii be enabled to do is to re-
consider all of its former action. New
petitions will be demanded and the
VIII ole work OF preparing the prelimi-
nary details will have to be gone over.
The specifications will not have to be
reprepared and they can be used again
without additional work. The neces-
sity of circulating the petitions anew
will take q lot Of time and 1t is not
probable that bids can be advertised
for and considered before some time in
May. This will mean that the paving
contracts this year will drag into the
winter months, something that the city
has endeavored to guard against the
last few years. Two bids for brick
were received and three for curbing al
the last meeting of the council. The
bids were turned over unopened to the
ways and means committee. The bids
have not yet been opened, the commit
tee awaiting the decision of its legal
advice before deciding to act.
One bid for brick, however, it is
understood, was $1.1s. The estimate
called for s1.25. Last year paving
was done for as low as s1.O9. An un-
derstanding seems to exist among the
brick men this year, and the bids were
understood would be higher. What
this delay may mean is a matter Of
question. It will probably result in a
still further boost OF the bids sub
mitted.
The decision of Judge Doster re-
simply specify vitrihed brick, without
stating Shawnee county, and blue
sandstone curbing. without stating
Fort Scott. This opens the breach,
and the local contractors are not fig
uring with the certainty that they did
formerly that they will be able to
land
The next fight in the council ac-
cepting the above opinions, will come
in cutting down the amount of the
paving. A strong effort will be made
to accept petitions for only two-thirds
of that submitted in the first instance.
The council over-reached itself in ac-
cepting the petitions for 33 blocks.