The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-08-04
RISE IN A PROTEST
Residents on West Sixth Object
to Undertaking ParIOr.
Petition City Against Plan Made
by H. w. BOmgardner.
may PRESENT AN ORDINANCE
c. NJ. Monroe Represents Per-
sons Living Near Proposed Site.
BOmgardner Does Not Think the
Attitude sis Fair"
may PRESENT AN ORDINANCE

An ordinance making undertaking
establishments prohibitive in the resi-
dence districts of the city is to be con-
sidered by the city commission and
probably will be presented officially in
a short time. The suggested ordinance
would forbid any "morgue. embaIming
or undertaking establishment from
locating within $50 feet of a resi-
dence, dwelling or school house "
The plan of H. W. Bomgardner. I'M
dertaker, to establish his business az
AIS West Sixth avenue. led residents
OF the section to take steps in remon-
STRANGE against such business being
located so near their property. Their
opposition was centered in petitions
presented to the city commission this
morning by G. NJ. Monroe, lawyer.
Forty-seven, persons had signed the
petitions.
Monroe also presented an ordinance
to the commission with the request
that it be submitted for passage. The
ordinance in it's present form would
prohibit any "morgue, embalmIng or
undertaking establishment or place
where bodies OF deceased persons are
prepared for burial" from locating
within $50 feet of residence, dwelling
or school house"
Give Bomgardncr u Chance.
The sugg ested ordinance was re-
ferred to committee of the commits
sion composed of r. D. McGiffert, w.
A. Stanfield and F. L. Stevens Notice
will be sent to Bomgardner of the pc
titions to allow him to be represented
should the commission introduce the
ordinance at the regular commission
meeting next Tuesday.
such an ordinance if adopted would
not affect any undertaking establish
ments already located in the city, as
no such legislation can be retroactive.
While thA ordinance would be spe-
cial legislation in that it prevents one
happening of the kind. it is not spe-
citI legislation in view of the fact that
1t will govern the future location of
all such ablishments," Monroe said,
in presenting the petitions and ordi-
nance. THE ordinance is not unfair
] have talked to undertaking men who
have admitted freely to me that they
would not want their own business to
be located in the same block with their
residence"
Bomgardner is understood to have
contemplated locating his ablish-
ment on lots facing the state house
square, but encountered opposition
from persons owning adjacent prop
erty.
Ordinances in other Cities.
Similar ordinances have been en-
acted in other cities, Monroe pointed
y number of members of the Uni
Vcrsity club signed the petitions, feel
ing that n nearby undertaking estab-
Iishment would be detrimental to the
club property at 535 Harrison street.
Bomgardner VIII Fight.
Bomgardner will fight such an or
dinance if it come officially before
the commission. he stated today.
such an ordinance would not be
giving me square deal,' BOmgardner
said. while 1 would be improving
my own business by the new location 1
consider that 1 would also be doing
something for the city of Topeka. IN
dertakers commonly locate in the resi-
dence districts in other cities. Hutch
inson has three establishments in the
residence part of the city. In Wichita
an undertaking parlor is located next
door to a church.
My new undertaking place would
not he a nuisance or Objectionable in
any way Bomgardner declared. The
property 1 have purchased for the
purpose at AIS West Sixth street has
two alley entrances and no street de-
tails of my business would be nee
essary. The city commission has al
most driven me from jackson street
by passing the parking ordinance
making the parking of cars on jack
son street a decided obstruction to
my business. I must have a right to
locate mewhere where 1 can conduct
my business without interference"