The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-09
City Attorney Succeeds in
Modifying Council.
Explains Why He Commenced
the Paving Suit.
BADFOR THE CIRCUSES
An Ordinance Levying License
of $5OOIs Adopted.
Applies to Shows That Parade
or Exhibit in City.


The star performer at meeting Of
the council last evening was F. G
Dreaming. city attorney.
The city attorney has previously sue
ceeded in feeding snow and ice to the
fire eaters among the members of the
council and succeeded in cooling their
mutterings OF wrath and never before
did he escape the scathing flame so sue
cessfullx.
While the mayor was away Dreaming
died suit against Hawley & Richie,
paving contractors, because they had
been allowed an amount of money
close to 5000 for extra paving on street
intersections. The bills for this work
were not presented in a regular way to
THE council but came through the Of
flee of the former city engineer as ex-
ira work. When the mayor came back
land Dreaming was out of the city, the
council took action on the filing of the
suit and ordered the city attorney to
withdraw it from the district court
where it is now pending ready to be
heard in September.
They had not been consulted in the
suit, had not seen the final report Of
Prof. Harshbarger who had checked
over the extra paving and did not
know whether sufficient grounds exist
ed for a suit or not; besides the city
attorney Is not supposed 10 HE a suit
except under directions of the mayor
and city council. On account of these
things the mayor and council thought
that an affront had been offered them
by the city attorney.
Last evening Mr.. Dreaming plausibly
explained the whole situation. Diplo-
Inatically with velvet gloved fingers he
smoothed away the wrinkles and said
ority of the council and mayor, that
he had filed the suit without waiting
ITO secure authority because he was
iabout to leave for a months absence
and could not be consulted and that he
was anxious to have it filed in time so
that it might be heard in the Septem-
Der term of court. A further reason
he gave as follows: 1.-The reason
filed it was because 1 didn't think it
would be a good idea to delay because
the people would wonder why we spent
their money for investigations and
Their"
The judiciary committee submitted a
report to the council on this suit and
recommended that the city attorney be
instructed to withdraw the suit and If
the council upon investigation of the
report thought it best to commence
action it could be done.
Dreaming suggested that 1t would rep
resent additional cost to file the suit
anew and recommended that it be left
on file, the council investigating the
facts already eSIaDllSNeQ Dy the ISpOIl
of the measurements made.
Councilman Lannan inquired If the
withdrawal of the suit would hinder
the city legal department in any fur
Their prosecution and received an az
flrmative reply.
A motion was then made to defer the
report of the judiciary committee until
September 1. and this carried.
Dreaming had won his own ngnt
At one time 1t looked very much as
If hostilities might break out IS or
yore but the city attorney checked up
lust in time. Starting out he said; Il
don't know that there is disposition
to slap the city attorney but of course
If that is so, two can play at that
game"
Cant we hear those people out be
fore we bring the suit?" suggested
Councilman Blakely. "Give these peo-
.ple a chance to explain. OF course we
don't want to take any backward
step"
1--WE have never had a final report"
said the mayor. 1T won't be neces-
eary to withdraw the suit but before
st is pushed the council should have
final report"
1t is going to cost something to
Eparade an elephant in Topeka from
now on. The license ordinance relat-
and the amount of the license in
creased 200 per cent. Councilman
Kutz introduced the amended ordin-
ance which permitted the city to
charge license regardless of whether
a circus gave a parade or not. They
get them coming and going. Prior to
this circuses simply paid for the
privilege of giving a street parade, the
circus exhibitions were given at the
fair grounds outside of the city limits
and the city could not tax them for
this. The fair grounds will now be
brought within the borders of Topeka
and all performances will be taxed. If
they still show outside of the city
limits a charge will be made for the
parade.
4. Councilman Kutz, in his amended
ordinance, left the license charges
unchanged except making a provision
for wild west shows which should be
charged SIS. Councilman Hughes |
however. was not content The pave
Inents which are badly chewed up by |
the heavy circus wagons melted him |
70 Insist on a raise and he had the |
council with him except two mem |
bers. Kutz and Montgomery, who |
thought the small boy might not be |
able to see any more shows with |
prohibitive license.
The former charge was: One ring
circus. 500; two ring, $3.50; three |
ring, 5000.
The new charge is: One ring cir |