The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-15
TO STAND BY HIM
City Council Will Endorse Mr..
Drenning's Action.
Explanation Has Evidently Sat-
isfied City Fathers.
AN ANSWER is MADE.
Attorney for Contractor Asks
to Have Suit Dismissed.
Mr.. Drenning Says It's
Scheme to Delay Action.

The city council will pass a reso-
luton Monday evening next ratifying
the action of F. G. Dreaming in bring
ing suit against John Ritchie and J.
| d. Hanley, paving contractors, for
claims presented and allowed by the
city for extra work done on intersec-
tions. The amount of the money
which the city attempts to collect back
from the contractors approximates
$500.
The mayor has given his consent to
having resolution introduced in the
council Monday evening calling for a
ratification of the suit. which was filed
in the first instance by the city attor-
ney without securing the necessary
consent of the mayor and council as
is provided by law.
The mayor and members of the
council felt that they should have been
consulted and discussed recalling the
suit. Mr.. Drenning was taken in and
given a lecture and after accepting 1t
in good part gave an explanation OF
his action which has tended to mollify
his superiors. The city attorney said
that he filed it hurriedly because he
was going away and that he was forced
to in order to get a hearing of the case
in the September term of court; if he
failed the chances were that the case
could not be tried until after the ex-
lieved that the city should conduct an
investigation into the case and dis
cover whether sufficient grounds exist
ed for a lawsuit.
But the hurried change of front by
the council and mayor is due to a mo-
ton filed by J. J. Schenck in the dis
trict court in behalf of Hanley and
Ritchie to dismiss the action on the
grounds that the city attorney did not
have the authority to institute suit
The hearing on the motion has been
set for Monday. AS the council meets
Monday evening too late to give the
necessary authority a postponement OF
the hearing will be asked for until the
latter end of the week.
The following reasons are advanced
to show why the motion should be set
aside:
Hanley and John Ritchie, appearing
speciaIly for the purpose of this motion
and for no other purpose, ana snow anu
represent to this honorable court tnat
the petition was filed in this action
without any authority from the plain
tiff. the city of Topeka, and without
the consent of said plaintiff, and with
oft any authority in law.
.'Second-That no security Tor COSTS
was given in this action at the time
the petition was filed or at any other
time. no deposit made with the clerk OF
this court and no bond as provided oy
law by said plaintiff and the summon:
should not have been issued. Wherefore
these defendants, appearing specially
move this honorable court to set aside,
ouash and vacate the issuance and ser
vice of summons made in this action,
and to dismiss said alleged action on
account of the matters above referred
to-"
II don't think that the filing of the
suit or its ratification will make
any difference in investigating the
facts said the mayor. I'VE can go right
ahead and investigate later on.
'It's just a scheme to delay" said
Dreaming with respect to the motion
THE defendants never expect to come
TO the city and explain and never will