The Topeka state journal., 1909-03-01
The Ordinance Changing Names
Signed by Mayor Green.
Published in Second Edition of
State Journal at Noon.
INJUNCTION PAPERS
Are Served on Proprietor This
Paper at 2:15 p. NJ.
Ordinance aSWithdraWn From
This Edition.

At Is minutes of II today Mayor Will
lam Green picked up the communica-
tion sent by City Attorney Drennins
concerning the remaining of the streets
in the southwest part of the city. The
communication recommended that all
this trouble of two months duration be
settled by the signature of the chief ex-
ecutive of the city. Mayor Green read
the report, opened up the ordinance,
picked up his pen and at u minutes or
II the signature was written. 1t was
taken to the city clerk at once VINO IN
serted the official seal and the ordln-
ance was sent to the State journal, the
official city paper. This ordinance was
published in the second edition Whlch
came from the presses at 12:15 ana Went
out into the mails leaving on the carry
afternoon trains. The mayor and clerk
also secured a copy of this edition con-
tanning the ordinance about half past
II o'clock today.
The people who live on the streets IN
question and who have used every man
ner and means to stop the action OF the
city council were armed and batter1ng
at the city gates While the ordnance
was being published
These people have been preparing
their injunction papers as a last re
sort. The city hall has been expecting
these papers at any time and sign
of relief went up this afternoon When
it was learned that the ordinance had
been printed. In speaking OF his de-
cision the city attorney said:
ct am fully convinced after thor
ough investigation that the CITY is IN
the right when they propose to change
the names of the streets. have eX-
planned the matter in my letter TO the
mayor and I will stand by it. am
not doing this in an ofhand manner
and I have not been Influenced by any
of the council or of the people"
Mayor Green did not have very
much to say when asked ABOUT II TINS
afternoon. He said:
sAs I said before, I relied upon the
legal advice of the city attorney and
when he sent his communication to me
accepted it as official and signed the
legality. do not know what the
people will do who object to this law,
and it is to be regretted that all can
not be pleased over the mater,
Councilman Jordan, the man who
has stood by his guns clear through
the fight and who has stood up Tor
the change when only one other man
in the council was with him, Mr.. w
q. Tandy, was pleased over the de-
cision of the city attorney.
s'I think that Mr.. Drennfng has used
very good Judgment he said in part
''Since the matter was referred to him
I have said nothing about it and
have allowed everything to cool over |
1 am mighty glad that the thing is
over with. I have received no enc
been in the right and I am able to
CITY Attorneys Letter.
The letter written to the mayor
recommending the passage of the
ordinance by City Attorney Drenning
reads:
ty of the street naming ordnance peg
to report as follows:
Section 1S5 of Chapter 122 of the Session |
Laws of 1903, given the authority to the
mavor and council to require that all
tracts of land plated into blocks and lots
shall conform to the streets and alleys or
said city next adjoining said land.
The purpose and intention of this section |
of the city charter act is to avoid the con-
fusion which has arisen from the laying
out of tracts where neither the streets |
themselves nor the names of conform to |
'ty Gynquestionabiy 1tI1lt this gives the council
power to change the name of a street |
in order to make it conform to the streets |
already designated.
All this ordinance attempts to do is to |
bring order out of chaos and rename GER |
tain streets so that they will conform to |
the general plan of street naming adopted |
in the city and to prevent confusion from /
of names
Unquestionably section 1S5 of the city |
charter act was passed by the legislature |
in 1903 to prevent this very evil which we |
are now trying to correct.
For a century and a quarter all the cities !
of the United States have exercised with
out question the power to name and
try and this seems to have been the prac-
tice in England for centuries so far as 1 !
am able to learn.
/ think the mayor and council of the
city of Topeka have the power to pass the
ordinance in question and recommend that
you sign the same.
Restraining Order Issued.
A temporary restraining order was
secured this afternoon and was served |
on Frank MacLennan of the State Jour
nal at 2:15, p. m. and the ordinance |
i,11 hi 1ic17A |
edition was taken out of the succeed
ing editions and accordingly does not |
appear in this edition. 1t was secured |
on behalf of z. B. Cowgirl, r. B.
Moore, j. G. Baughman, Geo D. IytIe
Laura Douthitt Root and I,ouise |
Douthitt Mounday.
The defendants named are the CITY
Of Topeka, William Greene, c. b |
Burge, Frank NJ. Snyder and the To-
peka State Journal