The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-05

wearing away The council should &C
lively push the inspection.
The two circus ordinances which
! brought about 8 wnirlWind of com
ment, in which the Wallace shows and
/ the G. A. R. were involved, were
vetoed by the mayor and returned by
him to the council. This action of the
mayor was expected and received
without comment, and the ordinances
and the veto were referred to the Ju-
dietary committee
The mayor said in his written ex-
PLANTATION OF his veto: ''I herewith re-
/ turn without my approval the ordi-
/ nances relating to the prohibiting of
circus street parades upon the streets
I of the city of Topeka on the Both day
/ of May, known as Memorial day.
after a careful investigation L am
| satisfied that the city has not the
power to legally enforce such an Ordi-
nance If this be true, it would be
a mistake to place it upon our books.
/ 1t is true Mr. OVermyer. an able
/ lawyer, stated it as his opinion that
the city could enforce the ordinance.
/ He however stated at the same time
/ that he had not investigated or looked
the matter up and simply expressed
his personal opinion. AS against this
such able and prominent lawyers as
Judge Hazen, Judge Lee Monroe, E.
F. Ware, G. G. Clemens and others
have stated it as their opinion that
the city could not under present state
/ law legally prevent the circus from
parading the streets of the city on
Memorial day. It is suggested and
urged that the ordinance be signed
for future use. but this could serve
no purpose. Memorial day does not
occur again until long after the legis-
lature convenes. at which time they
can enact such laws as will enable the
council to pass an ordinance about
which there can be no doubt as to its
( legality. If the representatives of the
Grand Army will see 1t done, I assure
them and you, gentlemen of the coun-
ell, that I will with pleasure sign an
ordinance prohibiting circus parades
or other objectionable and obnoxious
exhibitions on that day. But in the
absence of a statute on the subject
and for the reasons set forth above,
I do hereby veto the ordinance.
wv. H. DAVIS"
Councilman Holiday introduced a
new ordinance regulating hucksters
and vendors. which was referred to
the city attorney for investigation.
! The new ordinance provides for a
penalty of from IS to $25 for viola
tons, and the first section follows
Section /. 1t shall be unlawful for
any huckster with cart or any person
with cart or wagon to stand in or
occupy any place in or upon any
street for the purpose of selling any
vegetables, fruits or perishable mer-
chandise, without first obtaining the
written consent Of the property owner
or occupant of the building abuttng
on said street; provided, that this or
dinance shall not apply to regularly
| licensed hucksters engaged in selling
garden truck from house to house
Realizing that in trying to force
through its repugnant freight ordi-
name providing for an amendment to
the existing franchise, the street rail-
way mana cement had gone altogether
too far, it quietly had its or
dinance placed on file. A second ordi-
nance will be introduced later on
i broader lines than the existing fran
/ chise covers with reference to hauling
freight, but which at the same time
/ will endeavor to cater to popular ex-
| preston. The details have not been
1 fully decided but the ordinance Will
/ bob up in the council before long. On
motion of Councilman Nipps. Of the
streets and walks committee. in whose
hands the ordinance has been, the or
/ dinance was placed on file.
The Topeka Electrical company, the
newly organized local company. petit
/ toned the council for q franchise. The
4 petition was signed by Q. A. Maunsell
/ and eight directors of the company.
The petition and proposed franchise
were referred to the streets and walks
committee. Councilman Swendson evil
4 IDENTIFY believes there is a niger in the
woodpile in the demand for a new fran
chise and apparently question its mo-
tives.
means said Mr.. Swendson, Il am not
a member Of this committee and
would like to enquire into this lit
tie.
he would have an opportunity at some
other Tina
The rates proposed are: 8 cents for
power users, except elevators, when it
is 6 cents per 1000 Watt hours For
residence lighting, cents, for COM
mercial 6 cents and to the city the rate
is cents.
The paving petitions for paving to
| be included in the schedule of 1907 are
continuing to come in. Never before
/ have the petitions been filed with the
council SO early. A petition to pave
Lane street from Sixth to Eighth ave
nues was presented and referred to the
/ streets and walks committee.
Nineteen petitions for sidewalks
were referred to the streets and walks
committee as follows, the council will
not act on petitions after July ]:
North side of Third from Chandler to
alley between Chandler and Branner
streets.
East side of West street between
HuntOOn and Thirteenth streets.
East side Of Fillmore, between Third
and Fourth streets. also from Third
street south to walk now down.
South side of Nineteenth street from
Harrison to Topeka avenue.
East side of Lane street, from Tenth
street to Huntoon street.
West side of Lane street from Eigh-
tenth to Twentieth streets
West side Union avenue from Six
teenth to Seventeenth streets. and from
Eighteenth to Nineteenth streets
South side of West Nineteenth street
from West street to Boles avenue
West side OF Buchanan street from
Nineteenth to Twenty first street. also
on east side Of Buchanan street from
south side of lot 1888
West street from Euclid avenue to