The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-18
West Tenth Road Case Maneu-
vered by Attorneys.
Topeka Township Lost Origi-
nal Case This Morning.
CALL AN IMMEDIATE HEARING
W.P. Montgomery Pushes Fight
to an Early Result.
First Road Petition Under the
New Hodges Law.

Topeka township lost its West
Tenth street road case in the second
division of the district court today and
Immediately following the court deci-
sion, James Stevenson and o. c. Skin
ner, residents of the township, filed
another suit covering the same points.
The court declined to enjoin the
county commissioners from macad-
amizing Tenth street two miles west
from the city limits. Because the
original suit was bought by Topeka
township it cannot be appealed to the
supreme court. TNs intention is said
to be to appeal it to that court and in
order to do so similar suit was filed
by individuals who have rights in the
higher courts
Last September property owners
living along West Tenth street petit
toned the board of county commits
sioners to improve the road by the
use of crushed stone with a top coat
of asphalt. The commission granted
the petition. Immediately following
that Topeka township started pro-
the commissioners.
In its petition the township held
that the action of the commission was
not in compliance with the law; that
the petition upon which the improve
ment was granted did not contain le
gal number of signatures; that it was
signed by persons who were not bona
fide land owners and that some of the
signatures were obtained by fraud and
misrepresentation The complaint cit
ed that the petition was signed by ].
E. House as mayor of the city of To-
peka and that he had no authority to
do so. 1t cites that numerous per-
sons signed as owners of the Catho-
lie cemetery.
The petition declared that the cost
of the proposed road was excessive
that it was only one of fifteen roads
entering the city, all equally impor-
tant, and that the selection of that
particular road for Improvement was
an unjust and excessive burden upon
the taxpayers.
Ruling of the Court.
The court held that the action of the
county commissioners was wholly
within the law; that the petition was
perfectly good and declined to enjoin
the county commissioners from going
ahead with the construction of the
road.
Immediately following the DISPOSE
ton of this case the new case of Jas.
Stevenson and O. c. Skinner was filed
by JAS A. Troutman. AS taxpayers
and citizens they will have authority
to appeal the case to the supreme
court and Topeka township is said to
be. determined to get a final decision
III lIIe case re lining OIL the new
case ties up the proposed improve
ment of the road again.
What the court really did was to
sustain demurrer to the petition of
Topeka township. In so doing he
held the Hodges road law valid AS
soon as the second suit was filed this
morning w. P. Montgomery, repre-
senting the county commissioners, and
the road petitioners, filed demurrer
and asked for an immediate hearing,
asserting that the second suit was
identical with the former. except
change in the names of the plaintiffs.
Judge WhitcOmb set the hearing in
the second case for next Friday.
The Tenth street road petition was
the first road petition presented to a
board of county commissioners under
the Hodges road law in Shawnee coun-
ty. The Highland Park road and the
Red Line, Topeka to Kansas City road,
are planned under this law.