The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-04-11
City Commission Decides To
Close First MI. e. Alley.
Members of Official Board At
tend Hearing i'm Body.
MAY MEAN INJUNCTION SUIT
Eli G.. Foster Says He VIII
Start Court Action.
Row Over Alley Has Been in
Progress Several Weeks.

For one action of the city commits
sion this morning, all the commits
sioners were promised by John v.
Abrahams, of the official board of the
First Methodist church. that they
would be made honorary Methodists,
I without assessment" and twenty min
utes later, by Eli G. Foster, for the
same action. were promised that they
would be made defendants in an in
junction proceeding in the district
court.
The citv commission this morning.
for the second time, decided to vacate
and close the alley running east ana
west lust south of the First Methodist
church, for the purposes and at the
request of the officials of the church
The ordinance vacating the alley had
once been given first reading before
the commission, and then rescinded.
1t had been agreed at the last meet
ing of the commission, that the church
officials who wished the alley va
Gated, and the opposition forces. led
by Foster, should meet in the com
mission chamber at 10 o'clock this
morning, and with the commissioners
as referees, decide the question OF
whether or not the alley should be
closed.
Official Board Present.
At 10 o'clock the official board of
the church, with John c. Abra hams
as its spokesman, appeared before the
commission. There was no sign from
the opposition, and the commission
granted the petition for the vacation
of the alley, and instructed the city
attorney to draw up an ordinance va
eating the property in question.
Abraham thanked the commission
ers and promised that they would be
made honorary members of the
church at the next meeting
Following the adjournment of the
commission, Foster appeared. On be
ing informed of the action which the
commission had taken. he immediate
ly declared that he would carry the
fight into the courts, and secure an
injunction against the vacation of the
alley.
Not in Good Humor.
even if I had been here at 10
o'clock there was nothing could have
done that I haven't already done
present my case to the commission,
he declared. Foster was not in the
best humor at the action of the com
mission.
Ralph T. o'Neil. city attorney de-
clares that there is no question of the
legal power of the commission to va
cate the alley or refuse to vacate it,
according to its best Judgment e.
The commission took another back
step in dealing with the remainder
of the alleys in the block this morn
ing. when it rescinded its action in
refusing TO pave them LnlS year.
The petition for the paving of all
the alleys in the block with the ex-
ception of that one behind the church,
was especially urged by H. w. Bonn
gardner. whose undertaking esta blish-
ment adjoins the church building on
the west side.
To Pave This Year.
Declaring at the last meeting that
the paving program for 1922 was al
ready so heavy that there is little
prospect of its being completed, Com
missioner of Streets W. S. Hancock
recommended to the commission that
the alleys be not paved this year. but
that they be held over till 1928. The
remaining members of the commits
sion were of the opinion today. how
ever. that the alleys should be in
cluded in the 1922 program. So the
action of last meeting was rescinded. !
the petitions approved, and the item
placed on this years program.
Bomgardner declared, before 1eav-
ing the commission chamber that he
was "unspeakably happy" at the out
come of the argument, which has
been long drawn out.
Commissioner Hancock, if his face |
reflected his communings with him |
self, was not so happy at the addi- |
tionS to this years program
IF it hadn't been for mira cuIously |
fine weather last year, we should |
never have finished the job. With /,
bigger job ahead of us for this year, 1 !
don't know how we are going to get /
by he declared receutIy