The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-05-22
ITV HTVE EVVEV
Clubs Effort To Block County
Home a Failure.
Judge WhitcOmb Decides in
Favor of Commissioners.
BOARD HAS FULL POWER
Law Leaves Matter of Selection
Up to Officials.
No More Delay Now on Con-
StructiOn of the Home.

Judge George H. Whitcomb today
gave the Shawnee county commission
ers a clean bill of health in a decision
in which he denied an injunction
against the commissioners which
would make it impossible for them to
build a new county home and hospital
on the site now occupied by the
county poor farm. Judge Whitcomb
upheld the commissioners in every
contention made in answer to the ap-
plication for an injunction filed by the
Topeka Rotary club and the Shawnee
County Medical society.
Primarily the plaintiffs objected to
the selection by the commissioners,
claiming that they had not chosen
site as near as practicable to the city
of Topeka. They pointed out that the
law providing for building such a
home and hospital stated that the site
chosen should be as near the city
limits as practicable.
The matter of the selection of the
site for the proposed building is by the
law committed to the board of county
commissioners, and not to any court
or other tribunal" Judge Whitcomb
said in rendering his decision. THE
law does provide that the county set
tlement shall be situated as near as
practicable to the county seat, and it
is undoubtedly the duty of the com
missioners, acting fairly and in good
faith, to follow this injunction of the
law. 1t follows that the matter of the
practica bility of the site as to dis
tance. as in other respects, is a ques-
ton for the determination of the COM
missioners."
No Promise Fraud
Another point raised by the plain
tiff was that at the time the voting
for bonds was brought before the peo-
pie that one of the county commits
sioners represented that the home
would be erected much nearer to To-
peka than the site chosen by commits
sioners. This, it was claimed. consti-
tuted fraud.
County comm issioners," said Judge
Whitcomb, "can only act officially as
board, and no one of the members,
or all together, can stop the board to
prevent it from exercising its tudg-
ment in the matter of establishing the
location of 3 county settlement by
representations or statements made to
| organizations or individuals. prior to
the vote taken by the electors, upon
the question of issuing the bonds"
| A technicality also was raised in
/ the attempt to tie the hands of the
| commissioners. 1t was pointed out
| that the bond proposition as placed
! before the people provided that the
| $4,000 bond issue would be made to
,
upon which to build it. 1t was held
/ that if the commissioners saved money
/ by using the poor farm, they were not
! living up to the spirit of their pledge
| to buy land.
No Limit on Land.
/ There is no limit as to the amount
| to be paid by the county for land
and there seems to be no reason why
! the commissioners cannot accept land
! by donation or at a nominal price, u
| said Judge Whitcomb. THE welfare
act itself provides that the board OF
| county commissioners may receive
donations and bequests of either
money or property for the betterment
and support of the welfare institu-
| tionS."
Another claim by the plaintiff was
| that a portion of the county poor
farm could not be diverted to the
! proposed use.
! For anything that appears in this
| case" said Judge Whitcomb, "the
| land used in connection with the pres
j ent poor farm may be of ample size
| to accommodate these new institu-
tions entirely apart from the present
USE"
Henry McAfee, a member of the
/ board of county commissioners, upon
| hearing of Judge Whieombs decision
announced that bids for the erection
! of the home and hospital would be
! opened by the board of county COM
| missioners tomorrow morning.