The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-01
WEIGH THEM ALL.
Chief of Police Instructed to
Look After Circus Wagons.
Must Not Use Paved Streets if
Too Heavy.
THE SEWER LATERALS
Plan to Build New Ones Is
Abandoned.
THE SEWER LATERALS
Councilman Holidays Electric
Sign Ordinance Introduced.


drown out the occupants.
The can in which the water was car
ried leaked and some of the water drip
ped out but there was enough left to do
the work. The arrival of the first cir
Gus since the passage of the ordinance
increasing the license tax for circuses
was the occasion which inspired the new
attack. Councilman Hughes inquired if
in the opinion of the city attorney the
city was amply protected in securing
it's increased license charges. At this
Councilman Montgomery, who was a
foe to the increase, stated that he I'M
derstood the circus management which
intended to exhibit here this week
would pitch its tents outside of the city
limits on the Metzger tract. The city
in raising the license saw to it that
the city so that circus arrangements
might not escape the tax by giving
performances outside of the city limits.
The MetZger tract, however, is not in
the city and the suggestion that circus
Arrangements might still evade pay
ment Of license by leasing the MetZger
tract caused Counciln:en Hughes and
Holiday as well as Councilman Jordan
to call for immediate passage of an or
dinance taking in this tract. While
discussion was pending on this. res
olution was introduced ordering Chief
of Police Eaton to weigh all of the cir
Gus wagons and see to it that they do
not violate the provisions of the wide
tire ordinance. If the tires on the
wagons are not wide enough in COM
pariSon with the loads that are carried
arrests will be made of a wholesale ma
ture. 81 move you, Mr.. Mayor, that the
chief of police be instructed to weigh
every one of those wagons and see If
they violate the wide tire ordinance"
said Councilman Hughes.
What about the elephants? 1 think
they ought to be weighed too" said
Councilman Montgomery.
Hot upon this another resolution was
introduced by Councilman Hughes pro-
viding that the chief of police and street
the circus wagons and equipment in
such a manner that the paved streets
be avoided as far as possible. Both of
the resolutions carried easily and the
chief of police was instructed by the
mayor to weigh every wagon should the
circus management insist on using the
paved streets.
Then the council went back to the
subject of taking in the Metzger tract.
There, is a great deal of question
about taking in that tract" said the
city attorney when asked for an opin-
ion. I'VE ought to go slow. 1 doubt
very much if we could take it into the
city on account of the size. And even
the east half has more than 20 acres"
II am going to take in everything If
necessary, said Councilman Hughes.
And if they get outside of the limits
I'll get out the artillery and make
little rain for them and make 1T as
hard as possible for them to show"
Councilman c. H. Kutz championed
the cause of the circuses and protested
against attempting to take in the Metz
ger tract because there was some Ques-
ton whether it could be taken in legal
w. IF we did it and then collected Ii
cense they would bring suit for about
$4,000 and then instead of losing $500
we would lose $4,000. Then about that
wide tire ordinance, why they have tires
wider than six inches, some of them are
fat like ducks foot"
Councilmen Hughes and Holiday
went over in one corner and putting
their heads together offered the third
resolution of the evening on the circus
subject. The resolution which carried
provided that If w. E. Sterne, owner
of the Metzger tract leases his land to
the circus the council will take the
tract into the city at the next meeting
of the council. With this no further
attempt was made to extend the cityS
limits Pavements that have been ruin
ed by heavily laden circus wagons with
an Inadequate license is the cause OF
the movement which has been on for
the past five months to get higher Ii
cense charges.
The resolution which was prepared
by Councilman Jordan calling for the
construction of sewer iaterals on Blu
chanan street between Eighth and
Tenth avenues was withdrawn upon
the request of property owners living
in those two blocks. The sewer would
have to be constructed in the parking
because no alley exists in the two |
blocks and large elm trees which line |
the parking would be ruined by the |
construction of the laterals- On this |
account J. c. Harmon, G. w. Merriam
and H. A. Auerbach protested at the |
of the sewer. These |
three own a larger portion of the |
property affected and when the coun-
Gil saw hat they did not care for the |
proposed sewer the resolution was
dropped. This means that the city |
will have to make refund to two OF
the property owners. c. E. Foote and |
Charles Bowker are unable to get to |
a sewer and ask for the construction |
of laterals.
Two resolutions were introduced |
with regard to the sewer construction.
one by Councilman Montgomery pro-
viding that the mayor should employ |
help for making borings along the |
line of the Fifth ward sewer to de-
termine charges of misconstruction
by Councilman Stanley. Both resolu-
lions follow:
whereas, it appears from a care
full investigation that the city of To- |
$1,000 to $4,000 for solid rock excava-
ton in the estimates prepared by the T
city engineer, Jas. F. McCabe, in the |
of the Fifth ward sewer. |
and
whereas, 1t is absolutely necessary |
to secure accurate evidence of such |
overcharge for use in the prosecution |
of the suits directed to be brought by |
the mayor and council. and to get /
such evidence it is necessary to take /
careful set of borings and make a /
number of excavations along the line /
of the trench where rock was en-
countered in the construction of said /
sewer,
Therefore. Be it resolved. by the /
mayor and council of the city of To-
peka, that he@mayor be and Is hereby /
directed to by such necessary la '