The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-22
KILLS FAIR LEVY.
County Attorney Strikes the
Death Blow.
Says That Law Has a Fatal
Defect.
NOT FOR BUILDINGS.
Could Not Be Put ON the Old
Grounds.
May Mean End of the Present
Agitation.


| Ject, J. ]. Schenck, the county attorney,
| has delivered opinion to the effect
| that the board of county commissioners
| has no power to levy tax of two mills
for the purpose of erecting permanent
| b. 1dings on the present fair grounds.
/ The commissioners have the power of
| selling the present fair grounds and
| purchasing new ones and then levying
a two mill tax for the construction OF
buildings on them. But the legislation
| covering this subject is not mandatory.
/ 1t is merely permissive or authoritative
and the commissioners have not as yet
| considered the proposition of esta blish-
/ ing new fair grounds. Should they
| take the matter up it is not likely that
/ it could be concluded in time to have q
| big fair here this fall.
1t was the expectation of the county
commissioners that the members of the
| Commercial club and the other persons
of the city who have been SO active in
rousing a sentiment for big fair and
two mill tax levy for buildings on the
fair grounds would appear before them
7 today and present their arguments as
/ to why such a levy should be made.
But when the commissioners met this
morning they We're informed that the
matter would not be presented to them
i until Friday.
| When the commissioners made their
| decision a couple of weeks ago
| they said that they did not see their
way clear to make the two mill tax levy
| for the fair purposes because the mon
| ey could be used to the better advan-
/ tage of all the people of the county in
| the construction of good roads. They
afterward said that it was their opinion
that the law enacted by the last legis-
lature did not give them authority to
make the Levy for the erection of per-
manent or any other kind of buildings
on the present state fair grounds Then
they wrote to Mr.. Schenck, the county
attorney, and asked his opinion on the
I l. T61
following opinion today and his opinion
is clear cut, convincing and seems to
admit of no argument 1t follows:
Topeka, Kan, April %. 1907.
''Mr. F. W. Harrison. Chairman Board
of County Commissioners, Topeka,
Kansas
Dear Sir: Your Communication of
the 18th inst, asking for my opinion
as to power of the-board Of county
commissioners to make a levy or TWO
mills to erect permanent buildings on
the fair grounds now owned by
Shawnee county. was duly received
In reply will say that have exam
ined senate bill No. 523 referred to in
your letter. and find that the title of
this act reads as follows:
AN act to authorize the board of
county commissioners of Shawnee
county, Kansas, to sell the fair grounds
belonging to Shawnee county, and
purchase other grounds with the pro-
ceeds of such sale, and to levy tax
for the purpose of erecting perman-
ent buildings on such purchased
grounds
s'There is nothing in the title of this
act which would authorize the board
of county commissioners to make
| levy of any kind for the purpose of
| erecting permanent buildings on the
| fair grounds now owned by Shawnee
county.
section I of this bill provides:
{" That the board of county COM
] CTR Of I7lr x an
sas, is hereby authorized and empow-
| cred to sell the grounds constituting
| the present fair grounds. and with the
proceeds of such sale to purchase
other grounds for a fair ground for
| the use of the county
Section II provides:
That the board of county COM
missioners is authorized to levy tax
| on all real and personal property in
this county for the years 1907 and
1908, not exceeding two mills on the
dollar per ~annum, for the purpose of
| improving such fair grounds and
erecting permanent buildings thereon.
"sSuch fair grounds. referred to in
| Section II of this act has reference to
the purchased grounds referred to in
the title of the act
ALSO in Section III.
1.-The board is empowered and
authorized to improve said fair
grounds by the erection of permanent
buildings. the construction of a race
track, ana Sucn CIEIeE improvements as
may be necessary for the holding of
| fair; such Improvements to be paid
for out of the levy so provided for
Said fair grounds, referred to in
Section III of this act has reference
to the purchased grounds referred to
in the title of the act, and not to the
fair grounds now owned by the county
There is no provision in this act which
authorizes the board of county COM
missioners to make levy of two mills.
or any other amount, for the purpose
of erecting permanent buildings, or
making any other kind of improve
ments on the fair grounds now owned
by Shawnee county And il such in
depreciation should be placed upon
Sections II and III wherein the fair
grounds are referred to as such fair
grounds and said fair grounds then
that portion of the act would be in
violation of Section Is of Article IL.
of the constitution as not being with
in the title of the act. as the title spec
of county commissioners to making
the levy for the purpose of erecting
permanent buildings on such pur-
chased ground Very truly yours,
81. ]. SCHENCK.
County Attorney"
None of the commissioners had any
thing to add today to the opinion rem
suggested that in view of the enthu-
siasm shown over the proposition for
fair this fall that a two mill tax
levy would not be needed, even If it
was within the power of the county
commissioners to levy it, as plenty of
through the circulation of subscription
papers among the enthusiasts.
Notice to Eagles.